When we allow a felon to become President of the United States (thanks, in no small part, to extreme rightwing activists on the Supreme Court ignoring and rewriting the 14th Amendment), it's not surprising that he'd quickly begin violating laws and undermining the U.S. Constitution. When that felon also hopes to be a dictator, we certainly shouldn't be surprised that one of his first targets is the Constitution's landmark guarantees of a free press, as discussed on today's BradCast. [Audio link to full show follows below this summary.]

FIRST... Unfortunately, the First Amendment isn't the only one Donald Trump is hoping to dismantle. According to nonprofit news outlet CalMatters, ICE has already begun rounding up migrant workers in Central California, resulting in about 75% of farm-workers staying home this week during peak harvest season for oranges and other produce in America's "Salad Bowl". If that continues longer term, economists are predicting "absolute economic devastation" locally, skyrocketing food prices and shortages across the country nationally, along with a "recession-level event if this is the new long-term norm."

In related news, Trump's Executive Order signed on Monday, seeking to redefine, by fiat, the text and clear meaning of the 14th Amendment's very first sentence establishing birthright citizenship to anyone born here, regardless of the citizenship status of the parents, ran into its first legal roadblock in Court on Wednesday. A Reagan-appointed federal judge declared today that the Order "boggles the mind," calling it "blatantly unconstitutional". He temporarily paused the Order nationwide in the first of five different challenges brought by 22 state Attorneys General. If allowed to be enacted, as one of the challengers argued in court today, it would "impact hundreds of thousands of citizens nationwide who will lose their citizenship under this new rule."

THEN... Trump doesn't seem to much care for the First Amendment either. And, shamefully, a number of mainstream broadcast news outlets owned by major corporations have been all too eager to help him dismantle it. See Disney-owned ABC News' pathetic agreement in December to settle Trump's absurdly frivolous lawsuit with blatantly unconstitutional claims. Instead of fighting the defamation suit, they agreed to contribute $15 million to Trump's Presidential Library fund. See also the reports last week that Paramount-owned CBS News is in talks to do the same thing over another ridiculous complaint that 60 Minutes edited an interview with Kamala Harris in a way that Trump didn't like.

While those outfits are settling private lawsuits, Trump's new Federal Communications Commission Chair, Brendan Carr is weaponizing the FCC to go after the same news outlets. Last week, President Biden's outgoing Chair dismissed several specious complaints against ABC, CBS and NBC that echoed Trump's private lawsuits, declaring "the FCC should not be the President's speech police" and that "the FCC should not be journalism's censor-in-chief." This week, however, the newly seated Carr un-dismissed those complaints (if not the ones against a Fox affiliate, for some reason).

We're joined today by JOHN BERGMAYER, the Legal Director at good government group Public Knowledge. He charges that "Chairman Carr has made it plain he intends to weaponize the FCC to threaten political speech and news coverage he disagrees with." You're not surprised right?

"We have things like defamation law against a public figure, but you can't just prove that they are wrong, or you disagree with them, or they're being unfair or 'mean to me'. You have to prove they are 'actively deciding to harm me' through conscious deception," Bergmayer explains today. "That's a very hard standard to meet. I don't think any of these cases meet the very tough requirements for the FCC to decide in the complainants favor."

He also adds: "It's really notable that Chairman Carr did not reinstate a complaint that was against a Fox affiliate in Philadelphia, that was based on the Fox affiliate airing information that it knew, that was judged to be, defamatory."

"It really is a troubling sign that the current Chairman views these regulatory tools as a means to advance his cultural and partisan agenda," Bergmayer tells me. "What's particularly disturbing is that the Chairman wants to pick fights with the First Amendment rights of broadcasters or use dubious theories of law to go after perceived slights by Big Tech."

We also discuss the 6th U.S. Circuit Court of Appeals' ruling earlier this month that appears to end the FCC's ability, as a federal agency, to ensure Net Neutrality and an Open Internet (not that Trump or his FCC would have any particular interest in doing so.)

FINALLY... Desi Doyen joins us for our latest Green News Report, following an unprecedented blizzard in the U.S. South; yet another new, climate-changed fueled fire amid record dry weather here in L.A. County; Trump's delusional claims about California's water supply; and more...

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On Day 2 of the second corrupt Trump Presidency, we catch up on today's BradCast with the destruction he wrought (or attempted to) on Day 1, just hours after he became the first convicted felon, adjudicated rapist and adjudicated insurrectionist to be sworn in as President of the United States. And it all just happens to come, coincidentally, on the 15th anniversary of the U.S. Supreme Court's horrific 2010 Citizens United decision, which helped make so much of this day possible. [Audio link to full show follows this summary.]

Given Donald Trump's "flood the zone" strategy, including scores of Executive Orders, Actions, Directives and Memoranda signed on Monday (much of it for show, some of it dangerously real) we try to cover a lot in a very short time on today's program. I'll do my best to quickly summarize at least some of it here...

• Since MLK Day was largely preempted by yesterday's Inauguration (and our 2025 Inauguration Counter-Programming Special --- thanks to many for the kind words about it!), we begin today with a piece of Martin Luther King's 1967 "Blue Print" speech to a group of students in Philadelphia that, surprisingly, served as inspiration for us today!

• Please note: It has now been more than "24 hours" since Trump was sworn in (and since he was elected in November, since that was the original, oft-repeated promise) and Russia's horrific war on Ukraine is still raging anyway.

• Trump signed scores of orders on Monday night, though the most immediately substantive was his "full, complete and unconditional" blanket pardons for about 1,500 January 6, 2021 insurrectionists and seditionist --- including the leaders of the far-right paramilitary groups Proud Boys and Oath Keepers who were found guilty and sentenced to more than a decade in prison for Seditious Conspiracy, in their treasonous (if failed) attempt to help Trump steal the 2020 election. Many of the violent domestic extremists who were released from prison today attacked law enforcement officers on that awful day at the U.S. Capitol, "armed with firearms, stun guns, flagpoles, fire extinguishers, bike racks, batons, a metal whip, office furniture, pepper spray, bear spray, a tomahawk ax, a hatchet, a hockey stick, knuckle gloves, a baseball bat, a massive 'Trump' billboard, 'Trump' flags, a pitchfork, pieces of lumber, crutches and even an explosive device." But all is now, apparently, forgiven with Trump's pardons, despite the assertion on Fox "News" just one week ago by then Vice President-elect J.D. Vance that "Obviously, if you committed violence on that day, you shouldn't be pardoned." But that was a week ago, and this is now, when, with today's release of the January 6 terrorists, Trump now has his own domestic paramilitary if and when needed. And those who testified against them originally, including law enforcement officers, are now, understandably, very concerned for their own personal safety.

• Trump signed an Executive Order declaring a "national emergency" and "invasion" at the southern border, where there is no such emergency or invasion. But now he has a pretext to invoke the military wherever it may be needed to round up, arrest, detain, imprison and deport undocumented migrants and asylum seekers, among other things.

• Trump signed an Executive Order claiming to end the 14th Amendment's Constitutional right to birthright citizenship, even as historian and tyranny expert Timothy Snyder helpfully reminds us: "A president’s executive order cannot undo a law or a Supreme Court decision, let alone a provision of the Constitution. Forget that and you do have a dictatorship on day one." That EO is already being challenged in court by 24 states.

• Trump, who miserably failed to handle the COVID pandemic, which killed more than a million Americans, signed a declaration withdrawing> from the World Health Organization.

• Trump signed an Executive Order revoking Joe Biden's landmark 2023 Executive Order on AI safety.

• Trump signed Executive Orders "protecting women from radical gender ideology" and declaring there are only two immutable sexes: male and female, as determined by whether they are born with eggs or sperm.

• Trump revoked a 2021 Biden Executive Order calling on federal agencies to promote voting access and expand voter registration. Trump and Republicans will have none of that! What do you think this is, a representative Constitutional democracy or something?!

• Trump also rescinded a Biden era Executive Order that had repealed an Executive Order from Trump's first term that attempted to game the U.S. Census for partisan gain by, among other things, attempting to exclude non-citizen residents of the U.S. from the count of the "whole number of persons in each state", as per the 14th Amendment, for the first time since the very first Census was carried out in 1790.

• Finally, Desi Doyen joins us for our first Green News Report of the second Trump era, with more on his Day 1 efforts to use Executive Orders to undermine the climate, the health of Americans, the livability of the planet, and the U.S. economy along with it. Trump signed Executive Orders declaring a "national energy emergency" (which is not a thing that actually exists); to stop all off-shore wind projects (what happened to that "national energy emergency"?!); and to join with Iran, Libya and Yemen by withdrawing (yet again) from the landmark, voluntary Paris Climate Agreement, a move that could end up costing the U.S. hundreds of billions, if not trillions, of dollars via lost leadership, technology and manufacturing of clean, renewable energy...

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As usual, the incoming President has almost no clue what he's talking about. Not that he cares or that it matters. That's especially true, as discussed on today's BradCast, when it comes to elections and voting laws. [Audio link to full show follows this summary.]

FIRST UP... It's another one of those fire-hose news days akin to what we experienced, day after day, during the first Trump term. We can only cover what we can cover. So, we start with the news, as reported by CNN today, that the House Ethics Committee voted in secret earlier this month to release the report from their years-long investigation of allegations against now-former Rep. and now-former Attorney General nominee Matt Gaetz. The report, which Republicans on the bipartisan panel voted against releasing in November, is said to focus on allegations of Gaetz' salacious sexual misconduct with minors, illicit drug use, and other crimes, potentially included bribery and more. CNN says the Committee has decided to make the report public "after the House's final day of votes this year" unless they "change course now that it has voted."

NEXT... In an update to a story we've been following since last month's election, the North Carolina State Board of Elections has decided it will not order a full hand-recount in the election for State Supreme Court between the incumbent Democrat, Justice Allison Riggs, and her Republican opponent, Jefferson Griffin. The original computer-reported tally from the November 5 contest found Riggs defeated Griffin by 623 votes out of more than 5.5 million ballots cast. A Griffin-requested machine recount widened Riggs' lead to 724 votes over the Republican challenger, who then requested a hand-count. State law allows a small number of precincts in each county to be hand-counted before ordering a full hand-count in the event that the smaller audit is way out of line with the computer recount. In the hand-count samples in all 100 counties in NC, both candidates picked up votes (Riggs gained 70, Griffin picked up 56), but it was not enough to trigger a full, statewide hand-count. With Riggs declared the certified winner, Griffin is also seeking to toss some 60,000 ballots out entirely, claiming those voters, including military and overseas voters, were either not entitled to vote or to have their votes counted. The matter is expected to end up at the state Supreme Court. Presumably, Justice Riggs, one of just two remaining Democrats on the seven-person High Court, will recuse herself if that happens.

THEN... Donald Trump has been vowing and/or threatening to end Joe Biden's "EV mandate" on "Day One" when he takes office, even though there is no Biden "EV mandate." A week or so ago on Meet the Press, Trump reiterated his plans to sign Executive Orders to "end the electric mandate immediately for the cars" and for "ending a lot of the environmental things that were ridiculous that hurt our country very badly and didn't do anything for the environment...ya know, standard things." This week, Reuters has an exclusive report on the specific plans from the Trump Transition team for those "standard things", including what the news outlet describes as "sweeping changes to cut off support for electric vehicles and charging stations" and to redirect that funding to "national-defense priorities." The plans also involve reversing California's (and twelve other states') emission standards that save lives and reduce energy prices for residents, and doing away with the Biden administration's $7,500 consumer tax credit for EV purchases, a policy expected to harm U.S. automakers like General Motors (if less so for Tesla, whose CEO spent more than a quarter of a billion dollars to get Trump elected). But all of those things may be easier said than done, certainly on "Day One", as Desi Doyen explains.

FINALLY... Speaking of easier said than done, Donald Trump has also been demanding changes to voting and election laws, most prominently after he began falsely claiming that the 2020 election was stolen from him. Earlier this month, he declared at a Fox "News" event, once again, that "we want to have paper ballots, one-day voting, voter ID, and proof of citizenship" among other changes to election law that he has repeatedly called for. He doesn't seem to understand most of the things he's demanding, nor care about the fact that some of the measures would disenfranchise millions of Americans.

We're joined today by JOSHUA A. DOUGLAS, election law professor at the Univ. of Kentucky College of Law; author of a number of recent books on American democracy, and now the host of the Democracy Optimist podcast and companion newsletter.

This week, at Washington Monthly, Douglas explained why Trump, in truth, will have "little official power to implement the new rules he supports," given that the U.S. Constitution gives most power regarding elections to the states. While Congress has certainly adopted a number of landmark federal voting laws over the years, Douglas tells me today, "it's really a process of local control. The President himself cannot issue an Executive Order or some sort of decree that elections should be changed one way or the other without states being the ones to pass those laws --- or Congress, but that's a difficult path, as well."

"The President doesn't have any power unilaterally to dictate election rules," says Douglas, while recognizing that Trump will have both the bully pulpit to muscle Congress and states into adopting new laws and rules, along with the power to appoint members of the Federal Elections Commission (FEC) and Election Assistance Commission (EAC) and, particularly in Trump's case, to direct his Dept. of Justice to enforce certain laws and ignore others. "But the President, under the Constitution, doesn't have any formal powers to regulate elections, beyond signing or vetoing a Congressional law."

We step through some of the specific measures Trump has been demanding, such as "paper ballots" (which the vast majority of voters already use), "one-day voting" (ending absentee and early voting), Voter ID (already mandated by most states and, under federal law, already required when registering voters in all 50 states), and the point that most concerns Douglas, "proof of citizenship" when registering to vote. If actually adopted at the federal level, he argues, it would likely disenfranchise tens of millions of voters and become "a real logistical nightmare for election officials."

The efforts by Republicans to change election laws on the state level, are a different matter, as Douglas explains as well. But, bottom line, there is no "magic wand" for Trump to use to undermine elections by himself, much less on "Day One". And there are quite a few things that YOU can do, to stop him and anyone else who would try to restrict our right to vote.

Given recent events, is Douglas still the "democracy optimist" he was when he originally named his podcast and newsletter earlier this year? Tune on in to find out...

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The cruelty really does appear to be the point, as discussed on today's BradCast. [Audio link to full show follows below this summary.]

On Wednesday, the hateful creeps who have been fired up for years by Fox "News" and the Republican Party against trans kids, had their day at the U.S. Supreme Court, which heard some two and half hours of oral argument for and against the state of Tennessee's Big Government ban on safe, medically prescribed gender-affirming care for minors.

U.S. v. Skrmetti, as CHRIS GEIDNER of Law Dork, our guest today, pointed out in his coverage last night after sitting through the full hearing at the Court, should have been an "an easy case, in some ways." The actual legal question for the moment is whether the U.S. 6th Circuit Court of Appeals, which upheld TN's cruel ban, applied the proper standards when hearing the case. If the law banning medical care for youths, as recommended by their doctors and approved by their parents, is based on sex, it should be subject to at least "intermediate scrutiny" by the court, meaning the government needs to prove "there is an important government interest and the law is substantially related to it," Geidner explains. "You need to have a reason" to adopt such a law that may discriminate on the basis of sex.

No such scrutiny was applied to TN's Senate Bill 1 when its challenge was heard and the law upheld by the lower court. The Biden Administration and the ACLU attorney representing the private challengers in the case made clear that the law is, in fact, based on sex and therefore should be remanded to the lower court to be heard under heightened scrutiny to ensure there us a legitimate governmental interest in enforcing the law which, plaintiffs argue, violates the 14th Amendment's Equal Protection clause.

That said, Wednesday's hearing became, at times, more of a culture war over trans rights in general, as 25 other largely GOP-controlled states have adopted similar bans in recent years. Their laws will be affected by whatever happens in this case currently at SCOTUS. That, as Donald Trump and his allies have vowed to roll back protections for transgender people at the national level after he takes office again next year.

The matter, in short, is very high stakes. But the stakes are the highest at the moment for the kids who will be --- and already are being --- unconscionably harmed by these insidious laws meant to help Republicans gain or hold power under the guise of keeping children safe. These laws do no such thing. They are actively harming children rather than help them.

Geidner breaks down what happened at the High Court on Wednesday; how a 2020 case (before the all-out GOP war on transgender people kicked into high gear) in which Republican Justices Neil Gorsuch and John Roberts actually joined the Court's liberals to protect trans rights may affect this case; and whether TN will be able to get five Justices to uphold their ban --- or if the challengers will find five that are willing to at least send the matter back down to the lower court for a proper hearing.

"All that DoJ and the ACLU, representing the private plaintiffs, were saying is that, 'The 6th Circuit got the wrong standard, and all that you need to do is say that this is a sex-based classification, and send it back for them to do the rest of this work'," says Geidner. The case, the challengers argued, is a Constitutional Equal Protection matter. But, as Geidner observes, "What we saw from Chief Justice Roberts and Justice [Brett] Kavanaugh was an attempt to come up with a way of resolving the case that would allow these laws to exist that isn't anti-trans. Which can essentially only happen by turning the Equal Protection clause on its head or rendering it virtually irrelevant." That would have a sweeping effect on all matter of legislation encroaching on Constitutional rights.

The matter, Geidner assess, now most likely rests upon decisions by Justices Amy Coney Barrett and Gorsuch who, Geidner notes --- after having written the majority opinion in 2020's landmark Bostock case that prevented discrimination against transgender people by their employers --- fell curiously silent throughout the entire hearing on Wednesday.

Most media coverage after the hearing on Wednesday suggested things don't look good for the challengers --- and for the children they are hoping to protect. Geidner concedes that may be the case, but he holds out hope and explains why today.

Also on today's program...

• A few words about the 7.0 magnitude quake in Northern California this afternoon, and the tsunami warning that briefly followed it, affecting some 5.3 million people on the West Coast. (For those who asked after the news broke today: We're fine! And nowhere near the quake down here in Southern California! But thanks for asking!)
• And, finally, Desi Doyen joins us for our latest Green News Report on a North Carolina town suing Duke Energy for years of deception about climate change; how climate change has become the dominant cause of drought in the U.S. West; South Africa's High Court bans new coal plants; and small, imperiled island nations like Vanuatu and Kiribati, whose entire existence is now threatened by rising seas, are leading a courageous landmark fight for global climate action at the U.N.'s International Court of Justice...

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

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

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

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

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

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

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

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

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

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

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

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The headline, and stunning heartbreak over the past 24 hours, likely explain today's BradCast well enough. [Audio link to full show follows below.]

But, as Kamala Harris said today in her brief concession speech at Howard University (shared in full on today's program) after setting an example by vowing to "engage in a peaceful transfer of power" with Donald Trump...

We are joined today (much sooner than anticipated for some odd reason, after speaking with them just last week), by our old friends and fellow old-school bloggers, HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog and 'DRIFTGLASS', who writes at his eponymously-named blog and co-hosts the weekly Professional Left Podcast from his home in "Flyover Country, Illinois."

Among the questions asked and discussed...

• What did we all miss last week during our final conversation before Election Day, when we were clear-eyed, but bullish on Harris' odds this week?
• What, if anything, could the remarkably well-run Harris Campaign have done better? And what does this actually reveal about Hillary Clinton's 2016 loss to Trump?
• Are a huge number of Americans, millions of whom voted directly against their own self-interests, cruel and stupid or just wildly disinformed by our failed and/or corrupted media?
• Why would so many Latinos vote for the guy who promises "mass deportations"?
• Will Democrats ever figure out how to counter the "perpetual 50 state campaign" that is run by Republicans over their enormous and extremely well-funded media outlets (who have also poisoned the well of otherwise legit corporate media outlets?)
• How soon and/or how badly will Trump and his Republican over-reach after taking power?
• Got any helpful advice for how best to handle all of this and move forward in the days ahead? (Turns out, they do.)

As usual, both of them have much wisdom for us...even on a dark, dark day like today for the nation and the world...

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I'm writing today's BradCast summary much quicker than usual, as polls are now beginning to close with unofficial results coming in momentarily. But we've got a lot packed into today's show no matter when you tune in, that may help you make sense of what will happen tonight and over the next several days (and weeks and even months!). [Audio link to full show follows below.]

Among our coverage today....

• Not much help on who's gonna win from the voters of first-in-the-nation Dixville Notch, New Hampshire, the first town in the nation to both open and close their Election Day polls just after midnight last night. Their six total voters tied 3 to 3 between Kamala Harris and Donald Trump. But four of those voters are registered Republicans and two are independent. So it might actually tell us more than originally appears.

• Polling guru Nate Silver's final forecast model for the 2024 Presidential election, which ran 80,000 simulations just after midnight, based on the latest pre-election polling and other noteworthy data, finds that Kamala Harris won precisely 40,012 of them. Or 50.015% of the time! Not much help there either. We may have to wait for actual, ya know, votes to be actually, ya know, counted before we can find out if all the polls telling us that everything is "tied" are actually right. (I wouldn't bet on it.)

• There were a number of problems for voters around the country today, though not widespread, so far, and, thankfully, not violent (so far) as some had feared. There were bomb threats in Georgia, said to have come from Russian sources. But most of the issues that have come to light so far were with voting systems, of the type we've seen many times in the past. Hand-marked paper ballots that failed to scan in a very Republican-leaning county in the battleground state of Pennsylvania, where polls were ordered to stay open an extra two hours to accommodate. Print-on-demand ballot printers that failed in a very Democratic-leaning county in battleground Arizona, leading to long lines for Native American voters. Similar isolated problems in a Democratic-leaning Louisville in Kentucky, as well as in parts of Alabama and Iowa. Thankfully, in most cases reported so far, voters were able to continue voting on hand-marked paper ballots, even if they will be tallied later --- and, in some cases, by hand --- as opposed to by computer tabulators at the polls. In some cases, lines grew longer as the problems were worked out, and judges ordered polls to stay open a bit longer tonight in the bargain. While rain drenched parts of several states, reports today suggest that voters were happy to tough it out with raincoats and umbrellas in long lines in order to cast their votes in the most critical Presidential election in U.S. history.

• We run down what is now expected to lie ahead over the next few hours, days, weeks and even months, particularly in the event that Kamala Harris is declared the winner by the media either tonight or over the next few days, and how Donald Trump will likely declare victory tonight no matter what.

• Relatedly, longtime election data researcher and author Richard Hayes Phillips helps us break down the battleground states likely to offer a "red mirage" in their reported results beginning this evening. That is where initially reported results misleadingly suggest a Republican win before more Democratic-leaning results come in because of various factors, including absentee ballots taking longer to tally in states where officials are not allowed to begin processing them until Election Day. He advises to be on the lookout for that "red mirage" effect tonight --- and to not panic when it inevitably does! --- particularly in the critical battleground states of Arizona, Nevada, Pennsylvania and Wisconsin. Many more details on that in today's show.

• And, while we wait...a couple of somewhat related moments out of television's "Golden Years", including a 1958 western featuring a conman actually named Trump (seriously!) who is trying to terrify a town into paying him for a wall(!) to protect them from what he warns will otherwise be complete and total destruction. (Yes, seriously!) We played this clip originally back in 2019, but hauled it out again today in hopes that it might be the last chance for it to be relevant ever again. (Wishful thinking?)

• And, some thoughts from TV's 98-year old legendary icon Dick Van Dyke who, yesterday, endorsed Kamala Harris and, along with it, included a video in which he reads a speech he initially delivered at an event with Martin Luther King, Jr., as written by Twilight Zone creator Rod Serling, in Los Angeles in the Spring of 1964, just before passage of the Civil Rights Act. "Hatred is not the norm," Van Dyke reads from the 60-year old speech this week, during a moment in history that, he says, makes the speech "mean as much today, if not more, than it did then."

• Finally, Desi Doyen joins us for our Election Day Green News Report, as wet weather complicates voting after October was one of the driest on record in almost every state; as a new tropical storm threatens the Gulf Coast; along with a boatload of actually very positive climate news for the U.S. as President Biden begins to wind down his term in office amid landmark climate achievements...

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It's now or never. It's our final BradCast before Election Day 2024 and our last chance to open our phone lines to callers to have their say. [Audio link to full show follows this summary.]

Either Kamala Harris will become the next President of the United States and the first Black, Southeast-Asian American woman to do so, or Donald Trump, a 78-year old, 34-time convicted criminal felon, adjudicated rapist and self-proclaimed wannabe-Dictator will. Those are the two choices.

So today we take a bit of time to make that case to those who are either undecided, planning not to vote at all, or considering voting for a so-called "third-party" candidate.

To that end, we open up the phones to listeners to make their own such case to other voters. Among those who did so was listener "Maura", who described herself as being "a Republican and business owner most of my life." Her argument to those voters is that, while Harris may not be perfect, "voting is a bit like getting on a bus. You have the option to get on a bus or not get on a bus. And if you're going somewhere, you go to the bus that goes closest to where you are trying to go."

She also went on to spell out a number of other things she likes about Harris' policies and added at the end: "Plus! Plus! She is the only candidate that is likely to have the support in Congress, and to be able to support and protect our civil rights across the country. If we have civil rights, we must have them nationally."

Before we get to a full slate of callers today, however, a few very related news items of note...

• Just another heads up: Donald Trump will declare victory on Tuesday night, whether he has actually won or not. Do not be surprised. Do not be alarmed. Do not be frightened. Do not be gaslit. It is completely, 100% expected in the event that he is losing and it will be your first post-election indication that he is attempting to steal the 2024 election as he tried, but failed, to do in 2020.

• On Sunday, Donald Trump reiterated his disturbing homicidal ideation at a rally by telling supporters he wouldn't mind if someone "shot through the fake news" which was covering the event. That followed, just days earlier, a similarly appalling remark in which he mentioned Republican former Congresswoman Liz Cheney and suggested the idea of having "nine barrels shooting at her," asking how she feels about being so pro-war "when the guns are trained on her face." (For those Trump apologists who say those remarks were just fine, because "context", I'd ask if they would be just fine with Kamala Harris, at a rally, declaring in any context: "Let's put Donald Trump there with a rifle, with nine-barrels shooting at him, with guns trained on his face.")

• Stunning news out of Iowa on Saturday, where the "gold standard" Des Moines Register poll run by Ann Selzer found Kamala Harris actually was leading Donald Trump --- in IOWA --- by three points on the last weekend before Election Day. If Harris is actually leading in deep-red Iowa, as the survey finds, what does that tell us about all of the other polls, particularly in so-called battleground states, that pre-election polling averages claim to be tied just before E-Day? Selzer has a remarkably accurate record over the years in her Iowa polling to the extent that polling guru Nate Silver, creator of polling average site 538, said about Selzer and her shock poll results on Saturday: "In a world where most pollsters have a lot of egg on their faces, she has near-oracular status."

• Over the weekend, European Green parties from nearly 20 different countries, issued a joint statement calling on "US Green Party candidate Jill Stein to withdraw her Presidential candidacy, and endorse Kamala Harris." The Euro Greens cite the U.S. party's "close relationship" with authoritarians around the world and an election in which the stakes "could not be higher" on a host of issues, including climate change. "We are clear that Kamala Harris is the only candidate who can block Donald Trump and his anti-democratic, authoritarian policies from the White House," they declared in calling for Stein to endorse Harris in a race they describe as "too close for comfort."

• Longtime election expert and fellow Election Integrity advocate Jonathan Simon recently penned an open letter to the Green Party's Jill Stein, including results from the so-called "Blue Wall" states of Wisconsin, Michigan and Pennsylvania back in 2016, noting that Stein's share of the vote that year in all three states was larger than the margin of victory for Donald Trump over Hillary Clinton that resulted in his winning the White House the first time.

• And, finally, before we get to callers and their "closing arguments" to undecided voters or those considering voting third-party, we share the closing argument, in his own words, from independent, self-described democratic socialist U.S. Senator Bernie Sanders on why he believes it is critically important to elect Kamala Harris despite his virulent disagreements with the Biden-Harris Administration's policy on Israel and Gaza...

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The contrast and choice for American voters, as discussed on today's BradCast, couldn't be more stark, now less than a week before the most consequential Election Day in modern American history. [Audio link to full show follows this summary.]

Last night, in the nation's capitol, on the Ellipse in front of the White House, on the very same spot where, on January 6, 2021, the now convicted felon and former President of the United States urged his supporters to attack the U.S. Capitol in a desperate last gasp effort to steal the 2020 election, Vice President Kamala Harris delivered her "closing argument" to what her Campaign described as more than 75,000 supporters.

She summarized her many policy prescriptions to help boost young and struggling Americans and the middle class, underscored her calls to restore reproductive freedoms stolen from American women, accurately characterized her opponent as a threat to democracy itself, and promised to work to end the hateful divisiveness that he has turned into his singular political bludgeon.

Her remarks came just two days after Donald Trump offered his own "closing argument" in his old home town of New York City, before a packed house at Madison Square Garden, the site of a notorious 1939 American Nazi rally. The historic parallel was made impossible to ignore.

His six-hour raucous event was chock full of crude, racist and misogynistic attacks on his opponent, with mostly male speakers characterizing Harris as a prostitute, a "devil", and the "Antichrist," among other things. A comedian opened the affair by describing Puerto Rico as a "floating island of garbage", along with demeaning jokes about Black people, other Latinos, Palestinians and Jews. Trump, when he finally took the state, made no effort to disassociate himself from any of his fellow speakers who, by yesterday, he had characterized as taking part in a "love-fest".

These are the two major choices for President of the United States now before voters in a contest that pre-election polling averages, if you believe, describe as a virtual tie. "On November 5th," quips a popular social media post making the rounds in recent weeks, "it’ll be as if the whole world is waiting for the results of a biopsy to come back."

That is where we are. And that is why I needed to hear today, for the last time before Election Day, from our old and always very smart friends and fellow old-school bloggers, HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog and 'DRIFTGLASS, who writes at his eponymously-named blog and co-hosts the weekly Professional Left Podcast from his home in "Flyover Country, Illinois."

I've got much to ask them both about today, as we try to make sense of this moment before the storm likely to be unleashed --- no matter who is ultimately announced to be the winner --- as early as next Tuesday night. Though Driftglass sagely warns today: "This election is not going to be over once the votes are counted. This election will be over in January, when hopefully Madame President is sworn in."

Hailing from Abraham Lincoln's birthplace in Springfield, IL, Driftglass explains why Harris' remarks on Tuesday led him to recall the Gettysburg Address. "Nobody can be Lincoln," he acknowledges, before observing that while his most famous speech "didn't end the Civil War, it changed the terms under which the war was being fought." He details a number of parallels with Harris' speech at the Ellipse on Tuesday, including: "The opening was about honoring the people who had fallen defending liberty --- the bastards who charged the Capitol --- and how we have to reinvent the country, how we have to come together. I think it was a very deliberate choice of venue and style, drawing explicit connections between what has happened on this ground, and what we need to do next."

Parton, for her part, characterized Trump's "fascist" rally at MSG as a "a hate-fest, not a 'love-fest.' The fact that he even said that is hilarious. They made it clear what they were doing. They were trying to gather the faithful through hatred, bigotry, racism and homophobia. This is something they did on purpose. They want to reach their low-propensity voters --- the 'Bro Vote' --- who basically don't pay attention to politics."

"By having all these other people say all these awful, ugly things, Donald Trump gets a pass on that stuff," she explains. "This wasn't him saying this stuff, this was all the people he lined up at his rally. That has an effect."

But, she argues, and Driftglass concurs, he may have made a fatal error in a contest that is purportedly this close by allowing that racist attack on Puerto Rican voters, who number nearly half a million in the battleground state of Pennsylvania alone.

We've got much more than that, of course, to discuss with them today, including...

• Why this election is reportedly so close and if it really is that close.
• If so, where all of these Trump voters coming from, given the number of Republicans --- and female voters --- who have abandoned him in favor of Harris.
• How Trump "cracked the code", as well as the media, in how to run for President as a Republican.
• How Harris is being "held to impossibly high standards" while Trump is "being held to no standards at all."
• What Trump's "little secret" with GOP House Speaker Mike Johnson might be, and how easily Democrats are "panicked" by it.
• How Trump and Johnson promise to dismantle the Affordable Care Act (ObamaCare) if Republicans win the White House and Congress, even as some 50 million Americans --- including millions of Republican voters (who either don't notice or care?) --- now have health coverage thanks to that landmark legislation.
• And whether we are all victims right now of the greatest mass gaslighting in world history.

Before they go today, both Digby and Driftglass offer their own "closing argument" for our listeners who may still be either undecided, considering voting for Trump or a third-party candidate, or who may be thinking of not voting at all...

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We've got a helluva BradCast for you today, on two different topics, both of hugely critical importance to American democracy and this year's elections. [Audio link to full show follows below this summary.]

FIRST UP... On Tuesday, two different major media outlets offered alarming new reports on, among other things, Donald Trump's long-time admiration for Adolf Hitler. Both detailed stories are based in part or full on new interviews with Trump's longest-serving White House Chief of Staff, General John Kelly, who also served as Trump's Dept. of Homeland Security chief before being brought over to head up his White House.

The very conservative Kelly explains in his on-the-record, recorded conversations with the New York Times' Michael Schmidt (free link!) that he had been reluctant, as a longtime, high-ranking member of the military, to speak out publicly about his old boss, given his belief that the military should largely stay out of public politics. But Trump's recent, repeated comments about "the enemy within", in reference to the former President's personal domestic political opponents, and his remarks about unleashing the U.S. military against them, changed his mind.

As of late this afternoon, Fox "News" reportedly still hasn't found time in its 24/7 schedule to play any of the disturbing, freely available audio from Schmidt's three conversations with Kelly, as published yesterday. So we figured we'd go ahead and do so ourselves on today's program. You're welcome!

In short, Kelly's remarks detail how Trump...

• meets the very "definition of fascist", is "certainly an authoritarian", "admires people who are dictators" and "prefers the dictator approach to government;
• repeatedly praised Hitler during Kelly's time in the White House and insisted the German dictator "did some good things";
• doesn't understand either history or the U.S. Constitution, though frequently insisted he knew more about the President's Constitutional authority than the lawyers in the White House Counsel's office did;
• looked down on those who were disabled or killed on the battlefield, confirming that Trump would often described them as "losers and suckers";
• and that, never mind his policies, many of which Kelly might agree with, the man simply doesn’t have the character to serve as President of the United States, which is far more important than any particular partisan policy positions.

That, of course, is the quickest of summaries. Tune in for more. And for a really harrowing report on Trump's disturbing views of the military ("only suckers went to Vietnam"), the Constitution, rule of law, and extraordinary lack of character, see Jeffrey Goldberg's article yesterday at The Atlantic, headlined "Trump: I Need the Kind of Generals Hitler Had". It includes more from Kelly and opens with the story of a murdered woman in the military whose family was told by Trump at the White House that he would personally pay for her funeral. Then, when the bill arrived, he was reportedly furious, refused to pay it, and declared "It doesn't cost 60,000 bucks to bury a fucking Mexican!"

NEXT UP... In a sharp, if perhaps welcome, turn, we're joined today by CHRIS MELODY FIELDS FIGUEREDO, the Executive Director of the nonprofit Ballot Initiative Strategy Center.

The record 11 different abortion rights related referendums on the ballot in 10 different states this year, in the wake of SCOTUS overturning Roe v. Wade in 2022, have received a fair bit of attention from the media. But, in fact, there are more than 150 ballot measures on the ballot this year across 41 states right now, on everything from how elections are run, to how redistricting should happen, to who gets paid sick leave, to raising the minimum wage, to stuff like banning trophy hunting and cracking down on retail theft. All of which has the potential to reshape state policy on key issues nationwide for years to come.

In a very lively conversation today with Fields Figueredo, we discuss much of the above and more, including the explosion of the use of citizen ballot initiatives (and reasons for it); ongoing efforts in Republican-controlled states to make such citizen referenda harder to get onto the ballot and more difficult for voters to adopt; why very progressive initiatives are frequently adopted in otherwise very "red" states; how a number of critical initiatives this year could radically change politics as we know it in states like Ohio; whether there is a real correlation between initiatives on the ballot and partisan turnout; some of the sneaky initiatives on ballots in some states this year; and where progressives can go to get advice on how best to vote on often deceptive or confusing referendums. (I've got twenty of them on my ballot here in Los Angeles this year!)

"Ballot guides are my favorite thing," she tells me, admitting that she's a huge "nerd". "There are a number of organizations in your state that may be producing ballot guides that give you information in plain language," Fields Figueredo advises. "Go to organizations that you trust. Also a great resources is the League of Women Voters. Their ballot guides put it in simple language. We also have a Ballot Measure Hub. It's not going to have every single ballot measure in the country, but I would go to trusted news sources or local organizations that are going to try to put these issues into plain language."

Yup, it's another five pound BradCast in a one pound bag today! Enjoy!...

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Apparently it's Fascism Week on The BradCast, as the former President's rhetoric and threats become increasingly dark, and as all warning signs continue to blink brighter and brighter red, no matter how few seem to notice. [Audio link to full show follows this summary.]

BUT FIRST... before we get to our guest to discuss that today, a bit of mostly encouraging voting news out of two critical states...

• The first day of early voting on Tuesday in battleground Georgia smashed the state's record by more than doubling it, with at least than 328,000 ballots cast yesterday. Of course, that doesn't necessarily tell us who those voters were voting for. But the best news may be that lines were reportedly moving very quickly thanks to the state's new check-in procedure which is said to take seconds rather than minutes.

• More good news out of Georgia: After a state judge declared certification of results by County officials to be mandatory, as opposed to discretionary, in a ruling [PDF] released yesterday (they must do so by the deadline specified in state law, which is 5pm Monday following the Tuesday election), the same judge went on to temporarily block, at least for this election, a new rule instituted at the last minute by GA's MAGA-controlled State Elections Board mandating a hand-count of the number of ballots cast at the polling place at the end of the Election Day, before they are shipped off to the County. It's a smart rule, if poorly written. It's already done in many states. But the lateness of the adoption of that rule, according to the judge, threatens to result in chaos and confusion in an election that is already under way. (Late today, after airtime, a separate state judge blocked at least seven new SEB rules permanently, including the hand-count rule, declaring them "illegal, unconstitutional and void.")

• The Nebraska Supreme Court today spanked the state's Republican Sec. of State and Attorney General for their attempt to block a law adopted by the Legislature earlier this year mandating the immediate restoration of voting rights for people who have completed the terms of their felony sentences. That means hundreds or thousands of additional residents may now be able to vote this year in a state which could determine who wins the White House and which party wins control of both chambers of Congress.

THEN... we're joined by longtime domestic extremism expert, journalist and author, DAVID NEIWERT to discuss the increasingly fascistic and alarming rhetoric and threats by Donald Trump --- and his supporters --- as Election Day nears.

The disgraced former President and convicted felon has, in recent days, added "the enemy within" to his ongoing threats of mass deportation of millions of migrants, citing his perceived domestic political enemies as "more dangerous" than foreign threats and suggesting he might use the National Guard or active duty U.S. military to take them on, if elected to another term in the White House.

Retired top military officials are now warning about the threat that Trump poses to the nation, its people and its Constitution, with Trump's own Chair of the Joint Chiefs of Staff, General Mark Milley, recently describing him as "a total fascist" and "the most dangerous person to this country."

"The road to fascism is lined with people telling you to stop overreacting," Niewert, who has been warning about Trump's fascist tendencies for at least 9 years (read this, for example, from his blog back in 2015), quips today. "But I think in the past year, the mask has really come off. Especially in the last few months --- the explicit eliminationism" and his suggestion of directing the military against "the enemies within."

And, yet, the race, according to pre-election polling averages, is said to be a tie. Does half of the voting public not take Trump's threats seriously? Do they not know about them? Or do they know and take him at his word, but don't care and actually want such a ruler for the U.S.?

"I would say about two-thirds of the population is in basic denial about it," Neiwert tells me. "The vast majority, both Democrats and Republicans, they don't acknowledge that this stuff is happening, that this stuff is being said, and is building force." But, in particular, he notes, "The Republican Party is now really wholly owned by this element of the right," after having "utterly failed to redeem itself from that horrific moment [on January 6th, 2021] and instead has just doubled down."

The prolific Neiwert, whose most recent book is The Age of Insurrection: The Radical Right's Assault on American Democracy, has penned three books during the Trump-era, including 2018's Alt-America: The Rise of the Radical Right in the Age of Trump and Red Pill, Blue Pill: How to Counteract the Conspiracy Theories That Are Killing Us in 2020. After years of contributing to both major media outlets and smaller blogs alike, he also now writes on similar topics at his Substack page.

Today, he discusses how and when what was once describes as the "alt-Right" movement, eventually came to take complete hold of the GOP. "What we're really talking about here is authoritarianism," he argues. "It began really gathering steam in the early 2000s. Ultimately, the origins of that had to do with 9/11. The sheer flood-tide of fearmongering that erupted across the country and was sustained for years in the wake of 9/11. It had a really profound effect on the national psyche."

"You can actually jack up the levels of authoritarian personalities, the authoritarian response within the country, by fearmongering. That's why Trump's whole appeal all along has been fearmongering. He's fearmongering about the immigrants, the crime, Black people, whatever it is he can fearmonger on. That's how you get people to get into what I call an 'authoritarian crouch.'"

And that's where we now are, he explains, with Trump's first term "a practice run," Neiwert suggests we ain't seen nothing yet if Trump wins this year.

"I don't think Americans have any idea what that's going to look like, to have mass police raids, rounding up Latino families, taking people away and breaking up families and frequently deporting actual citizens. If Trump wins and he goes about doing the mass deportation, it's going to make America into a police state. And I don't think Americans are prepared for what that's going to look like."

Before we get there, of course, we've got to get past the election, which Neiwert predicts, if Trump loses, could look like "the Brooks Brothers riot times ten. Which, in a way, is what January 6 was about, too." But, aside from voting, what can be done to change the course this nation seems to be on? For that, tune in. Members of the mainstream corporate media may not like Neiwert's answer, given his argument that "the media plays a central role in all of this because they're the ones constantly telling us to stop overreacting" as they've spent years effectively working to "normalize Trump's behavior...normalize fascism."

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"Knowledge will forever govern ignorance," instructed James Madison, one of our nation's founders, "and a People who mean to be their own Governors must arm themselves with the power that knowledge gives."

That maxim is especially apropos today when it comes to California's Initiative and Referendum process, adopted in 1911 to afford the People of California the right to exercise direct democracy. Unfortunately, democracy is undermined when the Initiative and Referendum process is used as a tool by corporate interests to manipulate and bamboozle voters.

Wealthy institutional landlords, operating as the California Apartment Association, have spent some $56 million to flood the airwaves with misleading No on 33 Ads, aspiring to block a measure that would allow municipalities across the state to institute rent controls. If adopted, Prop 33 would simply repeal the state's 1995 Costa-Hawkins Rental Housing Act signed into law by then Republican Gov. Pete Wilson. The nearly 30-year old Costa-Hawkins law prevents cities and counties from imposing rent controls on structures built on or after 1995. The statute also bars California counties and municipalities from imposing rent controls on single-family homes, even if those homes have been acquired by profiteering Wall Street investors.

Prop 33 does not directly impose rent controls, and it does not, as the landlords falsely claim in their well-funded campaign against the initiative, overturn "more than 100 housing laws" or eliminate "unjust eviction protections". Instead, if adopted by state voters this year, Prop 33 simply reinstates the right of cities and counties in the Golden State to enact rent-control measures that local governments possessed prior to passage of Costa-Hawkins.

Institutional landlords have not confined their assault on direct democracy to a deceptive ad campaign against Prop 33. They've also spent more than $35 million to advance what opponents of a separate measure, Prop 34, describe in the State Voters' Guide as a "Revenge Initiative." Prop 34 purports to make "permanent" a right that already exists: the right for MediCal, the state's version of Medicaid, to negotiate prescription drug prices. But the deceptive Prop 34 is carefully tailored by the same corporate interests opposing the rent control initiative to target and penalize just one single entity: the AIDS Healthcare Foundation, which has a history of backing rent control measures and is the principal supporter of Prop 33...

Tick-tock. Time is running out for all of the Trump scams, as detailed on today's BradCast. Unless, of course, he wins on November 5th --- or has more success stealing the Presidential election this year than he did in 2020. [Audio link to full show follows this summary.]

Among the Trump scams, rackets and accountability for having fallen for them on today's program...

• Melania Trump, according to her new book, is virulently in favor of abortion rights. According to her publisher, she also wanted $250,000 to be interviewed by CNN.

• You know about many of Donald Trump's legendarily failed rackets from the old days: Trump University, Trump Steaks, Trump Water, Trump Vodka, Trump Casinos, just to name a few. More recently, during the time he's been running for President again, there's been Trump Sneakers, Trump Bibles, Trump Digital Trading Cards, Trump Coins, Trump Cryptocurrency and, introduced just last Friday, "Swiss-made" Trump Watches. He's selling them for $100,000 a pop! Even though, according to experts, they appear to be Chinese-made crap, if they even exist, and appear just as likely to be an open invitation to foreign influence peddling and money laundering. We explain.

• All of the above enumerated rackets, by the way, are private rackets. Any profits from them do not go to his Presidential Campaign, but straight into Donald Trump's pocket. And so --- according to the new 165-page filing [PDF] by Special Counsel Jack Smith, unsealed by U.S. District Court Judge Tanya Chutkan on Wednesday afternoon --- was Trump's attempt to steal the 2020 election. New evidence in the filing from prosecutors in his 4-count federal indictment in D.C., further details how the disgraced former President and convicted felon was fully aware that he'd lost the election in 2020, but didn't care. He was going to fight to steal it anyway. He also knew he had put Vice President Mike Pence's life in grave danger on January 6th, 2021. His response: "So, what?" And all of that, as prosecutors argue in their brief, was done in Trump's capacity as a private candidate for office. It was not done as part of his official duties as President. Smith's motion is meant to make that case in hopes of preventing the corrupted U.S. Supreme Court from dismissing the case on the basis of their absurd, anti-American, anti-Constitutional, made-up-from-whole-cloth ruling in Trump v. U.S. declaring criminal immunity to sitting Presidents for crimes committed as part of their "official" duties.

• In Colorado today, a state judge unleashed a brutal, if accurate, take-down of disgraced former Mesa County Clerk, Tina Peters during her sentencing hearing. Once a MAGA superstar, she is now a convicted felon on charges related to a criminal scheme to breach voting system software in her own County, based on false claims that fraud software was implanted in them to flip votes from Trump to Biden in 2020. The judge told Peters today: "I am convinced you would do it all over again if you could. You’re as defiant as any defendant this court has ever seen. You are no hero. You abused your position and you’re a charlatan." He called out her continuing claims of evidence-free fraud as "just more lies. No objective person believes them. No, at the end of the day, you cared about the jets, the podcasts and people fawning over you." He then sentenced her to nine years in prison before she was handcuffed and hauled out of the courtroom to immediately begin serving her time. See ya, Tina! May she be the first of many.

• Finally, Desi Doyen joins us for our latest Green News Report, as the deadly disaster in six states continues to unfold in the U.S. Southeast following Hurricane Helene, which at least succeeded in finally helping to bring the issue of climate change to the top of Tuesday's Vice Presidential debate between Democrat Tim Walz and Republican J.D. Vance...

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We have, of course, Special Coverage on today's BradCast of Tuesday night's one and only Vice Presidential Debate, likely the last direct face-off between the two tickets before Election Day. [Audio link to full show follows below.]

It was somewhat disorienting to watch a Presidential ticket debate that didn't include name-calling, one-liner zingers and direct personal attacks. But with "Minnesota Nice" Democratic Governor Tim Walz taking on Ohio's Republican U.S. Senator J.D. Vance, who has an historically low favorability rating and a desperate need to improve his likeability among the electorate, perhaps we shouldn't be surprised that the debate ended up coming across more like an olde tyme, pre-Trump Era (even pre-Rove Era) 1990s Presidential debate.

But Vance's politeness was there only to try and mask his well-documented, far-right, autocratic MAGA policy preferences on everything from abortion to gun safety to climate change to health care to his running-mate Donald Trump's violent attacks on our democracy, leading to evasive answers to questions from both the CBS News moderators and Walz himself on whether he believed, for instance, that the 2020 election was stolen from Trump. "Tim, I'm focused on the future," Vance said, refusing to respond. "That is a damning non-answer," Walz replied, adding: "He lost the election. This is not a debate. It's not anything, anywhere other than in Donald Trump's world." It wouldn't be the only direct question that Vance deflected.

While a nervous Walz stumbled through some of the early moments of the debate, he regained his footing thereafter and displayed a command of facts, data and reality on a host of topics raised by the moderators. The Yale Law School trained Vance also proved to be a competent debater, deftly smoothing over his extremist, hard-right record and former persona as a Trump-opponent, while doing his best to focus his fire on Kamala Harris whenever possible...facts be damned.

We're joined today, as we frequently are on such occasions, by longtime friends and old school bloggers, HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of his eponymous blog and The Professional Left Podcast for some help in making sense of whatever played out in the New York City studios of CBS last night. (Reportedly it was in the same studio that Captain Kangaroo was taped. Make of that what you may.)

Both Parton and Driftglass agree that the two Vice Presidential candidates "accomplished what they set out to do" and, as Parton added, "as far as the niceness thing", that should be chalked up to the fact that "Donald Trump wasn't there being a jackass."

"Vance needed to soften all of the ridiculous extremist policies of himself and Donald Trump, and present himself as something other than a full-blown King Cobra, which I think he managed to do," she says, referencing her coverage of the debate at Salon today, in which she described Vance as possessing "all the charm and warmth of a King Cobra." On Tuesday night, she explains today, "he sounded semi-sane. I'm sure most people who haven't been following him probably thought, 'Oh, well, he's not that bad.'"

Both also agree that they would have have preferred to see a more aggressive Walz, even if that might not have been what the MN Guv needed to do to reach whichever undecided voters still exist out there. Instant polling of debate watchers released shortly afterward, gave Vance the slimmest of edges over Walz and a big bump in favorability for both candidates, even as Walz' favorability remains far higher than Vance's.

"Clearly they are executing a strategy," explains Driftglass. "I wanted to see [Walz] come out there with a sword in both hands and just scream, 'Liar!' for 90 minutes," when what he needs, "tactically, is to go out there and be the nicest guy you ever met. I think for the people he is striving to reach, it worked."

On the other hand, he continues, Vance's job was to "polish up the turd" that Trump put on the ticket "to make him look like a human being so that he can go out there and be the nice guy." The result, says Driftglass, "was a festival of whatabout-ism and lying."

We discuss much of the sane-washing, whatabout-ism, lies and damning non-answers to a host of topics raised during the 90-minute debate on Tuesday --- and Walz' responses to them --- in our very lively Special Coverage today...

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As discussed on today's BradCast along with some breaking news today, there is much more than simply voting and hoping for the best for your favorite candidates that you can do --- that we need you to do --- to help protect democracy this year. [Audio link to full program follows below this summary.]

Among our coverage today...

• Iran launched nearly 200 missiles into Israel on Tuesday in response to Israel's recent attacks on the leadership of the Iran-sponsored Hezbollah militia in Lebanon. Those attacks were in response to a year of Hezbollah rocket attacks over the border into northern Israel beginning the day after Hamas' deadly raid in southern Israel one year ago next week. Israel has now vowed retaliation for Iran's attack today, and Hezbollah vows to continue their own attacks until there is a ceasefire in Gaza, in what U.S. officials and others see as a potential escalation into full-scale regional war, or at least a rekindling of the 2006 Israel-Lebanon war.

• After midnight last night, some 45,000 dockworkers from walked off the job, shutting down ports on the East and Gulf Coasts in the first strike by the International Longshoreman's Association (ILA) in nearly 50 years. The workers are demanding what they describe as long-overdue wage increases and contract guarantees against job-killing automation at the nation's ports. The White House is said to be encouraging a quick resolution between the ILA and the U.S. Maritime Alliance, which represents port and shipping companies who've seen record profits in recent years. If the stoppage continues for several weeks, it is likely to result in higher retail prices and supply chain shortages again, just weeks before the Presidential election.

• Amid ongoing devastation in six southeastern U.S. States following the monstrous Hurricane Helene --- now the second deadliest U.S. storm in the past 50 years --- officials at the North Carolina State Board of Elections have begun issuing guidance to voters and local election officials in the most devastated counties in the western part of the state. That support now includes emergency kits described as "election offices in a box" to help local officials register voters and process absentee ballots until Internet and cell service is restored in those communities. More details, for NC voters and election officials alike, is now available via ncsbe.org.

• But it's not only in storm damaged communities where the public is going to have step up this year help carry off successful elections. In fact, public oversight of our elections is the best and only way to ensure they are free, fair and accurately tabulated in a way that Americans can have confidence in the reported results.

  Republicans appear to have finally figured that out this year, as the RNC claims to be recruiting and training tens of thousands of poll workers and watchers. I explain, on today's program, why I think that's actually a good thing...presuming they don't intimidate voters or election officials...and presuming that Democrats, independents and third-party supporters all do the same thing.

  We're joined today by longtime election integrity and protection expert EMILY LEVY, founder and director of Scrutineers.org, to explain how her non-partisan, non-profit organization is helping to train folks like you to be both poll watchers and poll observers, particularly after the close of polls, when tabulation at precincts is formalized and when members of the public can play a key role to help ensure tallies are accurate. These efforts can also prove helpful in disproving false claims of fraud after the election!

  "We encourage people to observe the processing and counting of votes," Levy tells me, in describing some of the group's training sessions for volunteer observers. While acknowledging that it's impossible to see inside of tabulation computers, she notes "the processes around it and the output, and what's done with the output, can be observed. In most places, you don't need any special authorization."

  "In our training, we talk about what you'll be able to see when you observe, how to check out what you need to do, what kinds of things to look for and then, also, what to do if you see something that doesn't seem quite right to you."

  In addition to discussing how Scrutineers works and what they do, we also discuss the unique challenges for many of us longtime election integrity champions in the wake of the past four years or so of Trump's blatant lies about election fraud and our electoral system.

  Please stop by Scrutineers.org for dates on upcoming training sessions that you can participate in from home, anywhere in the country. And thank you in advance for your helping to protect our democracy! We really need you this year!

• Finally, Desi Doyen joins us for a special coverage edition of our Green News Report in the wake of the devastation and tragedy of Hurricane Helene, which --- no matter how obscenely longtime climate change deniers like Donald Trump and Florida's Sen. Rick Scott are now attempting to lie about it --- has been perfectly predictable and warned about by scientists for years. That, as Republicans pretend they have no idea how such a monster storm and horrific disaster could have come about...

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