Earlier this month, Donald Trump issued an Executive Order calling for the "Immediate Expansion of American Timber Production". As discussed with our guest on today's BradCast, it's difficult to see that separately from his buddy Elon Musk's recent declaration that "logically we should privatize anything that can reasonably be privatized." [Audio link to full show follows this summary.]

BUT FIRST... A few items of note...

• It was amusing watching corporate media outlets tip-toe in their reporting around the facts of Tuesday's successful return to Earth by astronauts Suni Williams and Butch Wilmore after being stranded on the International Space Station for 9 months following what was supposed to have been an 8 day mission. The pair were safely brought home in a SpaceX capsule that splashed down in the Gulf of Mexico. Can you see the dilemma for the nation's major news outlets yet? We discuss. And laugh. (And also point out that the mission was tasked to Elon Musk's SpaceX by NASA last August, under President Joe Biden. No, Donald Trump did not "rescue the astronauts", as his Administration seems to want you to believe.)

• In more important news, after covering a string of losses in federal court for Trump on yesterday's program, a few more came in after we got off air. One was a major ruling that blocked his Order banning transgender people from serving in our nation's military. (Try not to laugh at Trump's straight-faced assertion in his EO that service by transgender people, many of whom have received top military honors, "conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life." Cuz if anyone knows about living an honorable, truthful, and disciplined lifestyle, even in one’s personal life, it would be the Commander-in-Chief who was found liable for nearly $100 million for sexually abusing and defaming writer E. Jean Caroll and found guilty of 34 criminal felony counts related to hush-money payments to porn star Stormy Daniels to help him cheat to win an election and other honorable, truthful and disciplined living by Corporal Bonespurs.)

• In response to yesterday's program focused, in part, on the lower courts holding firm, for now, against Trump and Musk's rampant lawlessness, we received some interesting feedback from a number of listeners who seemed to view those victories for the Constitution and Rule of Law --- short-term or otherwise --- as hardly worth celebrating, given that all hope is now lost and, in short, America is all but over. While understanding the sentiment, I disagree with that thinking for several reasons, a number of which we discuss today.

THEN... Following news of yet another court loss for Trump late on Tuesday, in which a D.C. U.S. District Court Judge Tanya Chutkan blocked the Administration's attempt to claw back some $20 billion authorized by Congress and allocated by President Biden as part of his landmark climate initiatives before leaving office, we discuss a recent Executive Order signed by Trump that would massively expand logging and clear-cutting of our national forests and other public lands.

MATT SEDLAR, climate analyst at the Center for Economic and Policy Research, is here to discuss what this scheme is really about; how it relates to Trump's trade war with Canada; the various dangers it poses to both the economy and climate; and how it has little to do with improving forest management or wildfire protection, as Trump's EO falsely claims.

Sedlar explains how the Order appears to directly contradict pretty much everything else that Trump has been doing at the very same time.

"Laying off Forest Service workers, National Park Service workers, and putting out this Executive Order expanding logging, canceling leases for various offices and visitor centers for national parks across the United States," Sedlar tells me, "all point to the privatization of the public lands. Eliminating what we know of as national forests and national parks, and opening it up to making it into a revenue stream."

"It leans more towards that and less towards what he is saying, that this is forest management. Because the science simply does not support what he's saying. It didn't support it in the '80s when you had researchers and scientists warning against it, and it's definitely not going to support it now."

"These are all moves to generate revenue without a look at how this affecting long-term sustainable development. It's all short-term gain for long-term losses," he argues, citing both the costs to the fight against climate change and the bipartisan popularity of our National Parks and Forests.

Tune in, of course, for much more!...

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We remain on the precipice of a Constitutional Crisis on today's BradCast, as our Man Baby President has now begun defying court orders. Some reasonably argue we are there already, but we will truly be there when (and if, but mostly when) he defies an order from the corrupted U.S. Supreme Court. For now, he's testing the waters by defying lower court orders. For the most part, those courts are largely holding firm in defense of the Constitution and rule of law, as the Administration continues to lose in ruling after ruling. Sadly, that hasn't prevented people from dying thanks to our reckless, lawless President and his top fundraiser's wasteful, fraudulent, abusive and deadly closures of critical Executive Branch agencies. [Audio link to full show follows this summary.]

Among today's coverage...

• In a pathetic, early morning, MOSTLY ALL-CAPS social media rant today, Donald Trump demanded that a federal judge --- who reasonably ruled temporarily against his invocation of the Alien Enemies Act of 1798 to deport hundreds of Venezuelans --- be "IMPEACHED!!!". The law has only ever been used during wartime, as it mandates the detention, imprisonment or deportation of non-citizens in the U.S. only from a "foreign nation or government" that has "declared war" against us or that has "perpetrated, attempted, or threatened" "any invasion or predatory incursion." Venezuela has done none of those things. The ruling against Trump followed an unusual late-night, emergency hearing on Saturday. The judge ordered the Administration to pause deportation to an El Salvador prison of alleged Venezuelan gang-member migrants until Trump's use of the war-time law could be further adjudicated. U.S. District Judge James Boasberg ordered any U.S. migrant flights en route to El Salvador be returned the U.S. The Administration appears to have ignored the court order and has been stonewalling the judge's demand for information on when planes left and landed ever since. Thus Trump called for his "IMPEACHMENT!!!" winning an unusual, if very gentle, slap on the wrist from U.S. Supreme Court Chief Justice John Roberts in a rare public response today.

• Late last week, a federal judge in California ordered the reinstatement of thousands of federal workers at six different federal agencies, after finding that Elon Musk and his DOGE Bros unlawfully fired them without the legal authority to do so. An hour or two later, a federal judge in Maryland, in a separate lawsuit on a different legal basis, ordered that federal workers at 18 different agencies must be restored to their previous positions. The judge in CA has since made clear that rehiring the workers only to put them on immediate paid leave is also in violation of his order.

• In a major ruling today, a federal district court judge in Maryland ordered the U.S. Agency for International Development (USAID) --- which Trump, Musk and his DOGE Bro wrecking crew shut down almost entirely in the earliest days of his second term --- to be reopened. The judge ruled that Musk "likely violated the United States Constitution in multiple ways" in shuttering the critical international aid agency, which Musk described on his social media site ïn early February as having personally fed "into the wood chipper". USAID, among other critical work, supplies food to starving children and life-saving medicine to the sick around the globe. While Musk, the world's richest man, has claimed that "No one has died as a result" of his (unlawful, unconstitutional) closure of the agency, the New York Times' Nicholas Kristof, in a must-read, gut-wrenching report (gift link) traveled to South Sudan and elsewhere to find "that is not true", before going on to document how and where "the efforts by Musk and President Trump are already leading children to die". Unless aid is somehow quickly restored, Kristoff reports, those efforts are likely to kill millions in the coming months and years.

• The wasteful, fraudulent and abusive efforts by Trump, Musk and DOGE has not been entirely for naught, however. Turns out someone finally found a "dead" person receiving Social Security! Even if that person turned out to be very much alive and is now trying to get the funds that were suspended for some reason by the Social Security Administration in mid-February, turned back on. The DOGE dismantling of the SSA --- where field offices are being shuttered and 7,000 workers are scheduled to be laid off --- isn't helping.

• Finally, Desi Doyen joins us for our latest Green News Report, as deadly extreme storms killed more than 40 people in the U.S. over this past weekend; Trump's mass firings at NOAA are set to undermine accurate weather forecasting; and his Interior Dept. just cancelled the six-month old permits for construction of an off-shore wind-farm in New Jersey...

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Yes, we're often critical of the corporate mainstream media on The BradCast. But they also need to be defended in part during times like these, when Constitutional freedom of the press is literally under attack by the Trump White House and the billionaires who support them. [Audio link to full show follows this summary.]

FIRST UP... Before we get to our guest, a few reminders of the critical role the corporate mainstream media play, even amid all of their failures. CNN's instant fact-checker Dan Dale, for example, offers an invaluable service in citing reality, point-by-point, fact-by-fact in quick response to things like Donald Trump's head-spinning hour+ of non-step lies at his "cabinet meeting" on Wednesday.

Also, Washington Post on Tuesday, deserves credit for their news coverage of massive cuts to critical services at Trump's Department of Veteran Affairs, with its new Secretary, Doug Collins, posting embarrassingly giddy videos, praising $2 billion in cancelled contracts at the agency by Elon Musk and his DOGE Bros. In fact, as WaPo reported, the cuts amounted to about 875 contracts for critical services for vets, including medical and burial services, cancer treatment and prevention programs, and the recruitment of doctors for the serially understaffed VA, among other things. The bulk of those cancelled contracts also happened to be with Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). The Post's coverage on Tuesday ("DOGE to Cancel government contracts that help veterans, records show") was followed up on Wednesday with the much brighter headline: "Under pressure, VA halts contract cancellations in major reversal".

Yes, the mainstream corporate media is critically important, even with all of their failures.

All of which is why the ongoing attacks on the free press by the White House --and by billionaire media owners, like Washington Post owner and Amazon founder Jeff Bezos --- right now are so troubling.

NEXT... We're joined today by longtime journalist, media critic and WaPo veteran DAN FROOMKIN, now publisher and editor of the non-profit Press Watch (and, more recently, Heads Up News) to discuss all of that and more.

Among the topics discussed today with Froomkin, who is able to offer unique insight into all of these matters...

• AP reporters are now barred from White House and Air Force One press avails, because the AP Style Guide dares to refer to the international body of water known for 400-years as the Gulf of Mexico by its internationally known name, rather than the "Gulf of America" as Trump insists. AP is now suing the White House in response, in what Froomkin suggests is a text book case of unconstitutional punishment for free speech, adding "we're not even getting into the free press element!"

  "The whole point [of the First Amendment] is the government cannot punish you because of something you say that is political. This is exactly what is happening now. They've admitted it. They said, 'We're banning the AP because it refuses to say the words 'Gulf of America'" Froomkin believes that "even our corrupted Supreme Court can't possibly redefine the First Amendment to make this permissible." We'll see about that.

  He explains why he opposes a boycott by the White House Correspondents Association (WHCA) of White House events that AP is barred from, as some have called for, and suggests the better response is for reporters who are still allowed access to use it far more aggressively in confronting Trump and other WH officials on their "nonstop" string of lies.

• On Tuesday, WH Press Secretary Karoline Leavitt announced that the WHCA would no longer decide who is welcome in the White House pool coverage, meaning that ideological partisan propaganda sites, like Breitbart, The Blaze, Newsmax and One America News will now be taking the place of well-established, legitimate media outlets.

  "It's important that we actually have reporters who are interested in determining facts rather than just asking him questions that he can hit out of the park because they are actually on his side," Froomkin argues, defending the pool reporters that he is also frequently critical of. "The reporters in this pool are not just representative of the media, they are representatives of the public. This is the only opportunity for anybody to actually confront Trump with facts and assertions and to confront him with his lies. It is so important that the reporters who are chosen to do this are not then at risk of being punished by the White House and being pulled off the beat if they ask tough questions."

  But, of course, if it's the White House, not the WHCA that determines who is allowed in the room, reporters are far more likely to pull punches if only to ensure they do not displease the ones allowing them access in the first place.

• We also discuss WaPo owner Jeff Bezos' gob-smacking announcement on Wednesday that the Opinion Page of the venerable paper --- that previously declared "Democracy Dies in Darkness" --- would now only include opinions "in support and defense of … personal liberties and free markets." That, after the billionaire owner, in 2013, vowed when he purchased paper that he would not interfere in its editorial content.

  It turns out that you just cannot trust a billionaire!," Froomkin, who worked at the Post for 12 years, quips. "It's a gut punch for everybody who works there, anybody who EVER worked there, and anybody who loves the Post. Its just devastating. [Bezos is] basically saying, 'I want my views expressed and opposing views will not be expressed.' It just turns on its head anything that is valuable about an Opinion Page, where you go for a diversity of views."

There is much more worth diving into in my conversation today with the great Froomkin today.

FINALLY... Speaking of gut punches, we close out the week with Desi Doyen and our latest Green News Report, with some alarming news, to say the least, about plans by Trump's EPA to undermine almost 20 years of climate regulation in one fell "legal" swoop...

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"This country has gotten bloated and fat and disgusting and incompetently run," said the President of the United States today before his first Cabinet meeting. At least he's right on that last part, as detailed on today's BradCast. [Audio link to full show follows this summary.]

Donald Trump and Elon Musk's corrupt gaslighting of the nation continues, as their DOGE Bros continue to violate the law by cancelling contracts they have no legal right to, in the supposed name of "government efficiency" and cutting "waste, fraud and abuse" from the federal government. And yet, they've been unable to find any evidence of any fraud or abuse to date. Other than their own.

The only transparency DOGE has offered to document their "cost-cutting" claims at federal agency after agency is a so-called "Wall of Receipts" claiming to have "saved" $65 billion for the American people. But multiple analyses of those "receipts" by news outlets and people who understand how government contracting ... and math ... and reality ... actually work, have found error after error. The actual savings from canceled contracts and public services to taxpayers is closer to $2.5 billion, rather than $65 billion (which is chump change in the U.S. budget either way). The DOGE Bros seem to have acknowledged as much when they quietly removed their top five largest so-called spending cuts from their website in the middle of the night on Tuesday without notice or explanation.

As these clowns and liars continue their attempted national gaslighting, pretending to cut "waste, fraud and abuse" in government grants and contracts, Musk awarded his own company, SpaceX, a huge new federal government contract to deploy some 4,000 Starlink Internet terminals for the FAA. Given that Trump has fired all of the Inspectors General who would certainly have flagged the obviously grotesque conflicts of interest involved in such an arrangement, Musk --- whose companies and tens of billions in government contracts had previously been regulated by the National Highway Traffic Safety Administration, the Securities and Exchange Commission, the Occupational Safety and Health Administration, the National Labor Relations Board and the Consumer Financial Protection Bureau (which are all now being gutted, killed and/or neutered by Musk himself) --- he's probably got nothing to worry about.

Nonetheless, as federal judges continue to order pauses on much of Trump's most unlawful activities for the moment --- (or try to, the Administration apparently doesn't find it necessary to follow court orders) --- Musk is further gaslighting and poisoning MAGA brains on his social media cite, calling for the impeachment of "unelected" judges who, he charges, are threatening democracy...by standing up for the rule of law and the U.S. Constitution.

Also today, Desi Doyen explains the breaking news on Trump's EPA Administrator attempting to roll back agency scientists' 20-year old finding that greenhouse gasses cause global warming and, therefore, pose a threat to the health of Americans. That "endangerment finding", according to SCOTUS almost 20 years ago, means that the EPA must regulate greenhouse gasses under the Clean Air Act. So now, the Administration is trying to fraudulently UN-find the EPA's landmark finding under Trump's corrupt, new leadership.

Finally, in related matters, Desi has our latest Green News Report, detailing new studies on the quickening melting of the world's glaciers; sea ice plummeting to record lows among ridiculously high temps in the Arctic; and Trump's order to shut down all, already-operating EV charging stations at federal facilities. Because, ya know, Trump is just cut government waste, fraud and abuse, right?...

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We can't fight every stupid, idiotic, dangerous or perilous thing during the Trump Era, can we? I know I can't, personally. But I don't speak for everyone else. And one person's stupid or idiotic may be another's dangerous or perilous. An interesting debate over picking battles and who gets to decide which ones should be waged is at the heart of today's BradCast. [Audio link to full show follows this summary.]

FIRST UP... however, speaking of dangerous, Donald Trump lackey and MAGA merchandiser (or "sycophantic suck-up" as Sen. Sheldon Whitehouse accurately described him today), Kash Patel was confirmed for a ten-year term as FBI Director by cowardly, sycophantic suck-up Republicans in the U.S. Senate today. All Democrats voted against him. Just two Republicans (Collins and Murkowski) joined them.

Aside from being wildly unqualified and publishing an "enemies list" of so-called "members of the Executive Branch deep state” that he vows to target, Patel also pleaded the Fifth to avoid implicating himself in crimes during grand jury testimony regarding his role in Trump's theft of thousands of pages of highly classified national security documents; was paid $25,000 by Russian propagandists to appear in an anti-FBI documentary series; appears to have millions of dollars linked to Chinese interests through shell corporations in the Cayman Islands; and, according to whistleblower allegations cited by the Ranking Member of the U.S. Senate Judiciary Committee, appears to have committed perjury during his Senate confirmation hearing.

Other than that, he sounds like the perfect choice for FBI Director! Donald Trump has done it again! Did I mention Patel also publicly vowed, as recently as last December, to "come after" journalists "who lied about American citizens, who helped Joe Biden rig Presidential elections"? (So much for the First Amendment, even if Patel remains a fan of the Fifth.)

THEN... Speaking of the First Amendment and protection of the free press, we recently reported on the Trump White House's attempt to violate the First Amendment by barring the Associated Press from White House events unless and until the 178-year old international media organization agreed to change its Style Guide to refer to the Gulf of Mexico as the "Gulf of America".

On the surface, it seems like a pretty minor fight, given everything else the Constitutional order is up against. But, upon closer examination, it really is fight over basic Constitutional rights. As NYTimes' opinion writer Jamelle Bouie accurately characterized it at Bluesky, "your willingness to accept this gulf of america nonsense is an indication of your willingness to accept much worse things coming from this administration."

Meanwhile, over The Atlantic, Senior Editor Gilad Edelman doesn't have any such concerns, and even appears to be victim-blaming by suggesting the fight is one that "the AP probably should never have picked in the first place."

That brief article by Edelman recently touched off our guest today, longtime media critic, political strategist and writer, JAMISON FOSER, who wonders, in a recent article, who Edelman thinks he is to decide which fights are worth waging in the Trump Era and which are not.

"I think the nature of the situation that we're in," Foser tells me today, "and the breadth and depth of the ways that we are in trouble, and things are stacked against us --- an autocratic movement has control of our entire government, much of the news media, much of the ways that people get information online --- things are really stacked against us."

"We are not in a situation in which there are obvious, clear, easily discernible, winnable fights we can choose. So this idea that people should only choose fights that they can win --- I think people should choose the fights that feel right to them. We should all be doing a little less trying to police what fights other people are choosing to engage in, and more finding a place where we can stand up and pick a fight where we can," he argues.

"We will probably lose it," he concedes, "because we will probably lose most of them. But sometimes in the loss there is some value. In this one [AP's defense of First Amendment freedoms] there is some value. There's value in saying, 'We can't stop Donald Trump from ordering his government to refer to the Gulf of Mexico as the Gulf of America. But we can say we are not going along with that. It is racist, and dumb, and he can't make us say it. There's value in saying that to ourselves, in not giving in to his attempt to control the English language. And there's value in showing our fellow Americans that we are not going along with that."

In AP's case, all they were doing was following the Style Guide they have used for decades. And Edelman still characterized it as a "fight" they "should never have picked."

We've got much more to discuss along those lines today with Foser --- including how elected Democrats might wage more productive fights --- in what I think is a really interesting conversation. Please give it a listen.

FINALLY... Desi Doyen joins us for our latest Green News Report, covering the heroic senior DoJ official who quit this week rather than violate the law by following Trump Admin orders to claw back money lawfully granted to clean energy initiatives under Biden; climate change now tripling the price of coffee and cocoa; and Trump declaring himself 'King' to cancel New York City's very successful, first-in-the-nation congestion pricing...

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You'll be delighted to know that we've got a (mostly) non-Trump related election story for you on today's BradCast, and a guest here to discuss it! Though we've got a few Trump related stories we have to get to first. Sorry. [Audio link for complete show follows this summary.]

Among our coverage today...

• Donald Trump has "plainly violat[ed] the First Amendment," according to an announcement last night from the Associated Press. The notice was in response to the White House blocking the 178-year old nonpartisan global news outlet from the President's Oval Office signing of an Executive Order with self-proclaimed "free speech absolutist" Elon Musk, giving him and his DOGE Bros government-wide control of the hiring and firing of all federal workers at all federal agencies other than the Defense Dept. AP's punishment was because Trump doesn't like the way the AP Style Guide refers to the Gulf of Mexico after he declared that it should be called the Gulf of America. The White House affront to First Amendment free speech and free press rights echoes former Fox 'News' host turned Defense Secretary Pete Hegseth's order last month to remove a number of well-established news outlets, such as New York Times, Washington Post, NPR and NBC News, from offices they've occupied for decades at the Pentagon. Rightwing MAGA "news" outlets will be given those spaces instead.

• Free speech doesn't fare any better under Trump, even when it comes from independent federal government Inspectors General. On Tuesday, after the IG at the U.S. Agency for International Development (USAID) issued a 6-page report [PDF] critical of the Administration's pause of all agency activities, Trump fired him. The report found that the attempted Trump/Musk/DOGE shutdown of largely all of USAID's critical foreign aid work around the globe and evacuation of thousands of overseas workers would result in, among other things, hundreds of millions of dollars of already-shipped food for starving people rotting in ports; life-saving medicine for deadly diseases remaining in warehouses unused; and "inadvertently funding entities or salaries of individuals associated with U.S.-designated terrorist organizations.” Obviously, that guy had to go!

• The latest Inspector General firing came the day before 8 of at least 17 IGs fired in Trump's first week, in pretty clear violation of the Inspector General Act of 2022, filed a lawsuit today in the U.S. District Court in D.C., challenging their unlawful "purported removals". The 32-page complaint [PDF] charges, among other things, that these IGs, with decades of experience between them, "have been sent a message that non-partisanship and truth-telling will not be tolerated. That message will have the effect of intimidating the [inspector general] workforce and thus chill their critical work for the American people."

THEN... It's on to the last unsettled race of 2024.

While Trump won the narrowly divided swing state of North Carolina last year, Democrats won almost every other election on the statewide ballot, from Governor to Attorney General, etc. Their candidate for the state Supreme Court, current Justice Allison Riggs, defeated her Republican challenger Judge Jefferson Griffin by just 734 votes out of 5.5 million cast statewide. That narrow result was certified by the State Board of Elections after a post-election canvass, audit and two recounts requested by Griffin.

But Griffin is still challenging the result in state court, arguing that some 66,000 early and mail-in ballots cast by North Carolinians should be tossed out because some registrations lacked drivers license or social security numbers (even though many of those cases were due to database clerical errors on the part of officials, not registrants, or were created before the law required that information); other challenged ballots come from military and oversees voters without copies of Photo IDs included in the mailing (which Griffin maintains is now required under the state's new polling place Photo ID restrictions); or were cast by U.S. citizens who never lived in the U.S. (even though they were born to U.S. citizen parents and have always been allowed to vote).

Griffin is hoping to defy state election officials with a friendly ruling from the state Supreme Court, which has a 5 to 2 Republican advantage --- or 5 to 1, since Riggs has recused herself from this case. Riggs, on the other hand, is seeking relief in federal court, where federal law would almost certainly block the tossing of 66,000 ballots from voters who followed the rules for the election.

To try and make sense of this absurd mess, we're joined today by DEBRA DICKS MAXWELL, President of the North Carolina state chapter of the NAACP. Last week, Maxwell wrote an op-ed pointing out that minorities and young voters are disproportionately disqualified in Griffin's list of ballots that he wants to toss. She noted that he is seeking an unprecedented "do-over" election, even though countless races in state history have been proven by courts to have violated the rights of voters, particularly when it comes to gerrymandered elections found to have been conducted with Congressional districts that violated the Constitution and Voting Rights Act both before and after the elections were run.

"We at the NAACP North Carolina State Conference have never been granted any relief like that, even in cases where we proved that Black voters’ rights were violated," she tells me. "They did not enjoy a 'do-over' because of the gerrymandering by the General Assembly, stacking and packing Black votes into fewer districts [so] there was less representation for people of color at the legislative level. That did not change."

"Judge Griffin is refusing to concede and accept [the results] since he has friends on the North Carolina State Supreme Court," she argues. "Judge Griffin should concede. But because he feels that the results don't matter, 'what I want matters', that is sending the wrong message to thousands of voters, not only in this state but across the country."

If Griffin receives a new election, Maxwell warns, "that would send seismic waves through this county, this state, and even through the country to ask for a do-over." Among other things, she asserts, it would decrease voter participation in future elections when people wonder "'Why should I vote when they are just going to call it how they want it?' Especially as we are gathering thousands of those people who are on that 60,000 list. One of my chairs in the NAACP told me, 'I'm on that list!' We know people who are on there. They are very upset."

Maxwell also explains that the state NAACP is currently "winning on results of a federal [Photo] ID case" filed last May. "It is February and we are still waiting on the outcome." But, if they win the case, she says, it doesn't mean that last year's elections will receive a "do-over"...

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With apologies to Rick Wilson, whose weekend social media quip I've stolen for the headline of today's BradCast, I'd say both things are true. We are both overwhelmed and under attack. In a way that the United States has never been under attack before. [Audio link to full show follows below this summary.]

The "attack", of course, is coming from inside the house. In this case, from inside Donald Trump's White House. Or, at least from his extra-Constitutional White House henchmen: Elon Musk and his band of personal employees, none of who have been elected to anything or approved by the U.S. Senate or anything else. And yet, this band of miscreants that call themselves the "Dept. of Government Efficiency" or DOGE, some just literally out of high school, are unlawfully taking over the command and control functions of independent federal agencies in the Executive Branch, including the one that at Treasury that controls the nation's actual checkbook and its payments of more than $6 trillion each year. That system includes checks to federal workers, Social Security and Medicare payments, tax refunds, foreign aid and much much more.

They are doing all of this, apparently, with the lawless President's blessing. It is a Trump-approved attack on the rule of law, our Constitutional order, and, of course (the enemy of all MAGA!) the "Administrative State".

Doing my best today to overcome some local transmitter issues here in L.A. and technical issues inside our flagship local KPFK studios during our live show, I tried to put into stark perspective what appears to be unfolding --- what we know and what we don't, some of the heroes standing up in opposition --- over the past 72 or so unprecedented hours since we last spoke.

Here are just some of the media reports I was culling from. You'll have to tune in to hear how all the pieces fit together, what they portend moving forward, and for a quick listener call or two at the end...

• "Senior FBI official forcefully resisted Trump administration firings" - NBC NEWS
• "F.C.C. Chair Orders Investigation Into NPR and PBS Sponsorships" - NYTIMES
• "US health websites, datasets taken down as agencies comply with Trump executive orders" - CNN
• "More USAID staff ousted after Trump administration dismantles aid agency" - REUTERS
• "Trump and Musk move to dismantle USAID, igniting battle with Democratic lawmakers" - AP
• "Elon Musk's Team Now Has Access to Treasury's Payments System" - NYTIMES
• Historian Heather Cox Richardson puts a lot of this into perspective in her "Letters from an American" newsletter for February 1.
• Journalist Josh Marshall of TPM reports on several conversations with "people in the key executive departments" over the weekend, as Musk and his DOGE boys were taking over control of everything...

As noted, that's just a bit of today's source material. And a bit of what has happened over these past 72 hours. Tune in for much more today and, no doubt, on tomorrow's program, as Trump's attack on our Constitutional democracy, with the help of co-President and heavy Elon Musk, continues...

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Today on The BradCast: Let the Constitutional Crises begin! As the Trump Administration attempts to Cancel Culture pretty much everything with a memo that orders nearly half of the total, already appropriated federal budget immediately (and unconstitutionally) put on ice! [Audio link to full show follows this summary.]

We might have seen it coming, as several of our other stories today might have augured. Among them...

• Late last week, while touring fallout from last year's climate change-fueled Hurricane Helene disaster in a Republican-leaning area of North Carolina, and the then-ongoing climate change-fueled Los Angeles Fires, Trump suggested he might shut down (privatize) FEMA entirely and called for Photo ID voting restrictions in California in exchange for federal disaster aid to victims who had lost everything. When asked if NC would also see conditions placed on their federal disaster aid, Trump's meandering non-answer (full of one fantastical lie after another) made clear that, no, only Democratic-leaning states would have to agree to change policies in exchange for much-needed federal disaster aid.

• Amusingly, Trump pretended on social media last night that he'd ordered the U.S. military into California "under Emergency Powers" to turn on the magical, non-existent water "spigot" somewhere in Northern California, which the state chooses to keep turned off in order to somehow cause devastating fires in Southern California. Now that might sound like a ridiculous lie and a completely delusional fantasy that makes no sense at all, but at her first White House press briefing, Trump's Press Secretary Karoline Leavitt confirmed today that "the water has been turned back on in California." (That's great news, because I live in Los Angeles, had to evacuate briefly a week or so ago due to the fires, and had no idea the water had been turned off all this time! (OMG... this is only Week 2?!?)

• Last week, in Week 1, and receiving a bit less coverage than so many of the other nightmares Trump set off with his flurry of Executive Orders, is the fact that the Administration abruptly ordered the National Institutes of Health (NIH) to suspend all research grants, programs, travel and even ongoing cancer treatment trials. The result of putting tens of billions of dollars of research and grants on ice has sent confusion, anxiety and chaos throughout the American health community at what experts describe as one of the worst possible times, amid a slew of quickly spreading winter viruses and the increasing risks of avian flu in the U.S.

• On Monday this week, U.S. public health officials at the Centers for Disease Control and Prevention (CDC) were ordered to cease all work with the World Health Organization (WHO) just one week after Trump signed an order declaring the U.S. was ending its cooperation with the worldwide organization. (Unclear he can legally do so, by the way. But he doesn't care.) His Executive Orders also froze spending on a decades old global AIDS program that has saved 25 million lives, but now will block HIV the distribution of medication to more than 20 million people, including drugs already obtained with U.S. funds and sitting on shelves at local clinics around the world.

• All of that might have been a signal for where all of this was going. According to a two-page memo from the acting Director of Trump's Office of Management and Budget (OMB) on Monday, the White House has now ordered a "temporary pause" on "all federal financial assistance" with the exception of Medicare and Social Security payments. The memo directs federal agencies to pause "all activities related to obligation or disbursement of all federal financial assistance," and any other programs that included "D.E.I., woke gender ideology and the Green New Deal" as of Tuesday (today!) at 5pm. That, even though there is no "Green New Deal." It never passed. (Shhh...don't tell them!)

  As the non-profit news site NOTUS explained, "the list of programs that could be touched by the order is vast: Medicaid, disaster relief, farm aid, student loan programs, Head Start, highway funds, nutrition assistance, rent assistance and dozens of other programs." Some 70 million low-income Americans alone, who are enrolled in Medicaid, could lose their access to health care. These are all funds already allocated by Congress and approved by previous Presidents including, in some cases, Trump himself.

  The impoundment of the funds --- said to amount to "more than $3 trillion," according to the memo, which is nearly half of the entire federal budget for fiscal year 2024 --- appears to be in strict violation of the federal Impoundment Control Act of 1974, enacted by Congress after Richard Nixon held back Congressionally-appropriated funding that he didn't like. According to the Constitution anyway (quaint!) Congress, not the President, controls the purse strings of the U.S. budget.

  As you may recall, attempting to withhold Congressionally-approved funding to Ukraine during his first term, unless they agreed to announce a fake investigation of the Biden Family, is what led to Trump's first impeachment. Ever since, Republicans have devised an argument that the Impoundment Control Act is actually unconstitutional. This is clearly their first volley in getting a ruling on that from their corrupted U.S. Supreme Court.

  Late on Tuesday, as Trump's deliberate chaos reigned shortly before the 5pm deadline to freeze the spending, a federal judge placed an administrative stay on the order, pending further arguments on Monday morning. She also made clear that the National Council of Nonprofits, the plaintiffs which sued earlier in the day, alleging the freeze would cause their members irreparable harm, must show evidence to support that argument on Monday or the judge would have no choice but to end her administrative stay and deny the requested temporary restraining order. And then... ???

• Finally, Desi Doyen is here with our latest Green News Report with more on Trump's attempt to weaponize FEMA, but also with some good news, for a change, for both Los Angeles and New York City!...

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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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Will he ever face any punishment for his many crimes? That is among the many issues covered on today's BradCast. [Audio link to full show follows this summary.]

FIRST UP... The fight over Donald Trump's absurd selection of alleged statutory rapist Matt Gaetz as the next U.S. Attorney General continued in Congress today, as Republicans on the House Ethics Committee appeared to block the release of the report from a years-long investigation into the former Florida Reps' well-documented record of alleged sex trafficking of minors, paying some $10,000 for sex, and illicit drug use, among other (previously) disqualifying issues for someone tapped to head the Dept. of Justice as the nation's top law enforcement official.

THEN... The clown show of other Trump appointments to key government posts has continued over the past 24 hours with the selection of pro-wrestling's WWE co-founder Linda McMahon to head the Dept. of Education (which Trump has previously vowed to shut down) and TV doctor/snake-oil salesman Dr. Mehmet Oz to head up the Centers for Medicare and Medicaid.

But one of Trump's picks this past week has received much less attention than it deserves. Brendan Carr, author of the chapter on the FCC in Heritage Foundation's Project 2025 [PDF], was selected over the weekend to become Chair of the Federal Communications Commission, even though Trump pretended during the campaign that he wanted nothing to do with Project 2025 and the people who created it. Carr quickly took to his friend Elon Musk's Twitter/X after his nomination on Sunday to declare a war on "censorship" by Big Tech companies, before subsequently appearing on Fox "News" to suggest the FCC must review broadcast licenses granted to news outlets like CBS. During the campaign, Trump called for the censorship or complete shutdown of almost all broadcast and cable news outlets that are not rightwing propagandists.

It must also be noted that Project 2025 specifically calls (see p. 279) for reviewing the broadcast licenses to Pacifica Radio Network, which has dozens of affiliate stations across the country that air The BradCast every day, including KPFK, our flagship station here in Los Angeles.

NEXT... The New York state justice system is in completely uncharted waters at the moment, with the election of Donald Trump following his conviction earlier this year on 34 felony counts of fraud related to his hush money payment to adult film actress Stormy Daniels before the 2016 election. Sentencing in the case had been scheduled for November 26. But this week, prosecutors from the office of Manhattan District Attorney Alvin Bragg informed Justice Juan Merchan they were willing to pause sentencing to litigate Trump's assertions that, following his election this month and the U.S. Supreme Court's absurd "Presidential Immunity" ruling over the Summer, he can never be sentenced at all and the case must be dismissed in full. NY prosecutors, however, disagree and argue he should still be sentenced even if, in a worst case scenario, it must wait until after Trump is out of office.

We're joined today to help us make sense of this mess by George Washington University law school professor RANDALL D. ELIASON, who previously served as chief of the U.S. Justice Dept.'s Fraud and Public Corruption section in D.C.. Over the weekend, Eliason argued in an article at The Atlantic that New York must proceed with sentencing of Trump before he is sworn in to office next January.

"At this point," he tells me today, "it's almost less important what the actual sentence is. But I think it's important for the justice system to see that this case gets concluded, and doesn't just kind of dangle out there for the next four years. The case has already been tried and we already have a jury verdict. And it could be sentenced before he even takes office. That's not going to 'chill' him from doing anything as President, because it's over, and it's not going to take any of his time because appeals are handled by the lawyers."

While conceding "we don't have any precedent for any of this" and that a prison sentence certainly can't happen while he's in office, Eliason argues that it's "important now that A sentencing happens," even if it "can't be that meaningful or consequential. But I think it should take place just as a matter of the justice system completing this prosecution, honoring the jury's verdict, and having an official judgment of conviction entered on the record that he is, in fact, a convicted felon. Then the appeals can proceed in the normal course."

In addition to much more on that, we also discuss...

• The "extremely concerning" appointment of Matt Gaetz as U.S. Attorney General, who, the longtime DoJ veteran Eliason describes as "completely unqualified for the job" with "his only connection to the Justice Department, as far as I can tell, as the subject of a criminal investigation";
• The likelihood of Trump using recess appointments to push many of them through without Constitutionally-mandated Senate oversight. "How much Trump can get away with is going to come down to whether Senate Republicans have any backbone at all, and are willing to stand up for their Constitutional role for advice and consent." (Uh, oh);
• Whether the sprawling racketeering conspiracy case against Trump can continue in Georgia against his 18 indicted co-conspirators even if the ringleader of the attempt to steal the 2020 election in the Peach State is now either let off the hook entirely or is allowed to defer the trial until after he is out of office;
• How Eliason would like to see Special Counsel Jack Smith end the two federal indictments against Trump for his attempt to steal the 2020 election and his theft of hundreds of pages of highly classified national security documents the last time he left office in 2021;
• And whether Trump will still have to pay his civil penalties no matter what happens, including the $355 million fraud verdict against him in New York State and the $83 million jury award in the sexual assault case against him won by writer E. Jean Carroll...

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Two organizations representing the Haitian Diaspora filed a civil Complaint [PDF] in the U.S. District Court in Miami on Friday on behalf of the terrorized Haitians who legally reside in Springfield, Ohio.

The named defendants include Republican candidates for President, Donald J. Trump, for Vice President, J.D. Vance, and Ohio U.S. Senate candidate Bernie Moreno. The other named defends include Donald Trump, Jr., Ohio's Republican Attorney General Dave Yost, X (formerly Twitter) owner Elon Musk, Rep. Clay Higgins (R-LA) and the State of Ohio.

The Complaint alleges that the defendants, with full knowledge of falsity, not only spread dangerous defamatory lies --- the false claim that Haitians were stealing and eating pet dogs and cats --- but have also engaged in hate speech, a contention, plaintiffs allege, that is bolstered by a federal judge's determination, in Segat v. Trump (2019), that then President Trump's decision to terminate Temporary Protected Status for Haitians was likely influenced by racial animus. The court based its conclusion in that case, in part, upon Trump's reference to Haiti as a "shithole country" and the former President's false claim that Haitians migrants were bringing AIDS to the U.S.

In addition to defamation per se, the Complaint alleges that the Defendants have engaged in a conspiracy to violate their civil rights, including the 14th Amendment right to Equal Protection under law. It goes on to allege defendants incited, aided and abetted violence against the Haitian residents of Springfield...

Late last week, Senate Majority Leader Chuck Schumer and 34 fellow Senate Democrats introduced legislation that would not only overturn the "Presidential Immunity" ruling invented by the U.S. Supreme Court's right-wing majority last month in Trump v. United States, but would also strip both federal appellate courts and the U.S. Supreme Court of the jurisdiction to so much as stay criminal proceedings based upon a claim of "presidential immunity".

The proposed No Kings Act [PDF] cites provisions of Article III, §2, clause 2 of the U.S. Constitution, which expressly authorizes Congress to carve out "exceptions" to the Supreme Court's appellate jurisdiction. The newly introduced Act declares that "a President or Vice President is not entitled to any form of immunity from criminal prosecution for violations of the criminal laws of the United States unless specified by Congress," and then invokes the Article III clause to prevent federal courts from blocking any such prosecution on the basis of the Trump v. U.S. ruling.

Moreover, as the Democrats' announcement explains, the Supreme Court would also be barred from reviewing the Constitutionality of the No Kings Act itself. While the bill would allow Presidents and Vice Presidents to challenge its constitutionality, any such challenge would be ultimately decided by the United States Court of Appeals for the District of Columbia Circuit rather than by SCOTUS.

According to Schumer's statement:

The legislative Act, as proposed by Democrats, is manifestly different from President Biden's proposal to overturn the presidential immunity decision by way of a Constitutional Amendment...