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...

Lots of good news and/or bad news on today's BradCast depending on how you may choose to see any of it. [Audio link to full program follows this summary.]

FIRST UP... The mid-level appeals court in New York (just below its highest court) rejected Donald Trump's attempt to lift whatever remains of the gag order against him in his hush-money case on Thursday. That's the case where he's been convicted of 34 felony counts for falsifying business records to hide a sexual tryst with a porn star in order to help him win the 2016 Presidential election. The gag order --- preventing him from attacking family members of the judge, etc. --- is likely to be lifted once Trump is sentenced on September 18, if in fact he sentenced at that time. The judge on the case, Justice Juan Merchan will decide on September 6th whether the case must be tossed entirely, given the corrupt U.S. Supreme Court's ridiculous, but still binding, recent ruling that Presidents are immune from prosecution for almost any and all crimes committed while serving in office.

THEN... Big news today from the White House as President Biden announced a multinational prisoner swap with Russia, that includes prisoners released from six different countries. Wall Street Journal reporter Evan Gershkovich and Marine vet Paul Whelan are among those Americans released by Russia today, along with a number of other journalists and political dissidents wrongly held by Russia, according to the U.S. Some of the prisoners, in fact, have been held for years, including Whelan who had been imprisoned since being arrested while attending a wedding in Russia in 2018.

Some critics, however, have charged that such deals --- often including the release of serious criminals --- merely incentive the taking of "hostages". The lead U.S. hostage negotiator, however, responds that, despite 70 Americans whose releases were won by the Biden Administration, the number of those taken captive has fallen. When asked by a reporter at the White House today about Trump's repeated comments that he could have brought these people whom without "paying" anything, Biden responded: "Why didn't he do it when he was President?"

NEXT... Earlier this week, President Biden detailed his three-part proposal for long-overdue reform of our corrupted, packed, stolen and activist U.S. Supreme Court. His proposed reforms include 18-year term limits for Justices, allowing every President to name a new Justice every two years; an enforceable, binding code of conduct, to prevent Justices from accepting undisclosed gifts and requiring them to recuse themselves from cases in which they have conflicts of interest; and a call for a Constitutional Amendment to roll back the Court's recent, absurd ruling that Presidents --- like kings --- enjoy near absolute immunity for all crimes committed while in office.

Biden has referred to his proposed Constitutional amendment as the "No One is Above the Law" Amendment. And on Thursday, Democratic Senate Majority Leader Chuck Schumer and 34 other Democratic Senators, released their own proposal for legislation they are calling the "No Kings Act". It is similar to the Constitutional Amendment sought by Biden, but, according to Schumer today, "would be the fastest and most efficient method to correcting the grave precedent the Trump [immunity] ruling presented." Schumer describes that ruling as a "dangerous and devastating" one, adopted by "the MAGA Supreme Court".

We're joined today by attorney JAY WILLIS, editor-in-chief of the Balls and Strikes website, which focuses on the Courts and court reform. Willis recently described Biden's proposal as "a nice first step", while explaining why doesn't go far enough. "The only way to solve the problem of a Court controlled by a conservative supermajority is to add justices to it," he wrote, charging that the benefits of Biden (and Schumer's) current proposals are swell, and broadly popular, but won't be truly felt for generations. "Backing term limits without also backing Court expansion is like explaining the concept of a life preserver to a person who is actively drowning," he quipped.

Today, Willis tells me: "My attitude towards Court reform is basically that it's difficult to go far enough to repair an institution this broken." He cites the broad bipartisan support for both term-limits and a binding ethics code, calling them "not particularly controversial policy ideas." But without expansion of the Court, he argues --- which is also popular, if not quite as much so for the time being --- the Constitutional damage that these current rightwing activist Justices will be able sow is virtually limitless.

We also discuss the difference between Biden's call for a Constitutional Amendment to overturn SCOTUS' immunity ruling and Schumer's push for legislation instead, and why some believe that any attempt by Congress to impose term-limits on Justices would be found to be unconstitutional. Ironically, it would be the Justices themselves, in theory, who would be the ones to make that ultimate finding. (Though shouldn't they all recuse themselves from such a case? If so, then what?)

"As long as John Roberts is in charge of this Court," Willis says that he expects any ruling on these matters would contain "a lot of, 'Thanks for playing Congress. Thanks for your opinion on what the Constitution means. But this is really our job, not yours.'"

In a follow-up piece, Willis detailed where Vice President --- and the Democrats' presumptive 2024 Presidential nominee --- Kamala Harris stands on the various elements of Court reform as sought by Biden, as well as for expansion of the Court to help UNpack it after the damage done during the Trump years.

FINALLY... Desi Doyen joins us for today's particular grim Green News Report today, though one that ends on a high note, at least!...

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The fight for election integrity and for democracy over autocracy continues on today's BradCast, from Venezuela to the United States. [Audio link to full show follows below.]

Among today's topics...

• The quickly exploding Park Fire in Northern California continues to spread, as firefighters battle against time and exceedingly warm, dry and windy weather. The enormous fire, ignited by an arsonist but fueled by climate changed-conditions, has now chewed through more than 550 square miles and threatens the Lassen Volcanic National Park as it has become the 6th largest fire in state history. Desi Doyen has details today.

• The government of Venezuela's autocratic ruler, President Nicolas Maduro, declared he had defeated opposition candidate Edmundo Gonzalez by some 7 points in Sunday's election. But Gonzalez supporters, election observers and a bunch of foreign nations are questioning the officially reported results, citing irregularities at polling places, contrary polling numbers, and a lack of transparency among other irregularities, as tabulation records from tens of thousands of touchscreen voting systems around the country have yet to be made public. Election Integrity advocates, including the Carter Center in Atlanta, are demanding Venezuelan authorities immediately publish tallies from some 30,000 individual voting machines which have been withheld from public oversight to date.

• Meanwhile, when it comes to democracy and elections back home, we've got a few problems of our own. On Monday, President Biden introduced his proposal for reforming our corrupted U.S. Supreme Court. He is calling for 18-year term limits that would allow a sitting President to appoint a new Justice every two years. He is calling on Congress to create an enforceable code of ethics for Justices following years of revelations of millions of dollars in undisclosed luxury gifts, travel and cash accepted by Clarence Thomas, Samuel Alito and others; and for a "No One Is Above the Law Amendment" to the U.S. Constitution to overturn the Court's recent ridiculous discovery of a heretofore unnoticed Presidential Immunity Clause in our founding document, giving immunity from prosecution to former Presidents for virtually any crime they carry out while in office.

• At the same time, democracy advocates continue to be elated following the President's decision to pass the 2024 torch to his Vice President Kamala Harris as the Democratic Party's presumptive nominee against Donald Trump just over one week ago. The choice being presented to American voters this November could not be more stark between a young, freedom-loving progressive and an old, criminally-convicted, autocracy-embracing former President. We discuss.

• Finally, we open up the phones to all of the above and much more with listeners --- both wise and not-so-much --- on the top issues of the day...

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I've got to post today's BradCast quickly a) before convicted felon Donald Trump speaks at tonight's RNC and b) before more political shoes (and/or earthquakes) drop. So, here's the quick skinny. [Audio link to full show follows this summary.]

Among our coverage today...

• Donald Trump critic-turned-toady J.D. Vance of Ohio, officially accepted the GOP's nomination for Vice President during his remarks at the Republican National Convention on Wednesday night. His speech was long on hillbilly biography but very short (virtually bereft) of the horrifying policies that Vance actually supports. Helpfully today, we correct his oversight with actual facts and policy proposals from the ambitious Yale-educated Senator, including his push for a nationwide abortion ban with no exceptions; ending no-fault divorce; slashing Social Security and Medicare; embracing Project 2025, turning over Ukraine to Russia and much more!

• While leaving out his radical policy positions, Vance also dropped a few big lies about a number of things during Wednesday speech. When it comes to his lies about all-time record, world-leading energy production under Joe Biden, our own Desi Doyen has a few thoughts and a corrective that J.D. and his convicted conman running mate would prefer you didn't listen to.

• Self-proclaimed "Liberal Redneck" comedian Trae Crowder, who hung out with the GOP's new Veep nominee back in the days when Vance regarded Trump as "America's Hitler", also has a few insights on him today.

• What explains the complete lack of pressing by corporate media for any kind of official medical statement on the injury suffered by Donald Trump during last Saturday's assassination attempt?

• The Chief U.S. District Court Judge in Nevada tossed out a suit on Wednesday brought by the Trump Campaign, the RNC and the Nevada GOP seeking to block the counting of potentially tens of thousands of perfectly legal mail ballots in the battleground state, cast and timely post-marked by Election Day, but arriving up to four days after, as allowed by NV state law.

• With President Biden now battling COVID again, top Democrats, including former President Barack Obama, House Speaker Emerita Nancy Pelosi, Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries have all reportedly been pressing the President, in various ways, to reconsider his insistence on staying in the race for reelection. If there is to be a change at the top of the ticket, it is believed likely to come (and would need to come) within days. Perhaps as soon as this weekend.

• In the meantime, President Biden has been continuing to present new, popular policies --- as all Democrats should be joining him in doing at this point. This week, for example, Biden is reportedly planning to issue a long-overdue proposal for SCOTUS reform to include term limits and an enforceable code of ethics for Supreme Court Justices. He will also be proposing a Constitutional amendment to counter the Court's recent corrupt ruling granting criminal immunity to Presidents. Also this week, Biden has called for a national rent control statute that would cap rent increases at 5% annually unless landlords choose to forego federal tax write-offs. These are the sort of things that Dems should be doing right now, rather than squabbling amongst themselves. (Not that anyone asked me.)

• Finally, Desi Doyen joins us for our latest Green News Report, as Toronto is crippled by extreme storms and flooding; the cost of extreme heat is quickly escalating in the U.S.; and as Marathon Oil agrees to pay a record fine for pollution under the Clean Air Act...

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On today's BradCast: Boy, if Joe Biden's "weaponization" of the Justice Department against Trump and Republicans keeps going like this, there won't be any Democrats left who haven't been convicted of a crime! Too bad old Joe didn't realize he should have just packed the courts with corrupt judges, like Donald Trump did. [Audio link to full show follows this summary.]

First up today --- after a kick-off by TikTok's @DanasInspired; a few thoughts on Trump's appearance at the RNC on Monday night after the weekend's failed assassination attempt and his naming of Ohio's Sen. J.D. Vance as his running mate --- we start with news about today's conviction, on all counts, of New Jersey's Democratic Sen. Bob Menendez. The three-term U.S. Senator and former chair of the Senate Foreign Relations Committee was found guilty by a jury on Tuesday after a nine-week criminal trial on charges related to abusing his office to protect foreign associates from criminal investigations and to help funnel money to Egyptian officials. In exchange, prosecutors alleged, Menendez and his wife Nadine Menendez collected millions in gifts, cash and gold bars. She was charged as well, though her trial has been postponed for the time being as she undergoes cancer treatment.

Democratic Majority Leader Chuck Schumer and NJ's Democratic Governor Phil Murphy each called for Menendez to resign following the verdict. He had previously vowed to run for re-election as an independent this year, while Democratic Rep. Andy Kim has been nominated by state voters to run for his seat in November against Republican Curtis Bashaw in the Dem-leaning state.

But Menendez' corruption doesn't hold a candle to Donald Trump's, thanks in no small part to the corrupt jurists Trump appointed to lifetime positions on the federal bench while in office, many of whom are now returning the favor at an alarming rate in recent weeks. On Monday, it was U.S. District Judge Aileen Cannon's turn, apparently, to use her position to let Trump off the hook. In this case, dismissing his 40-count federal criminal indictment brought by Special Counsel Jack Smith in South Florida for Trump's theft of thousands of pages of highly classified national security documents upon leaving office; his repeated refusal to return them to the government; and his attempts to hide them from prosecutors and enlist Mar-a-Lago employees to help cover up and/or destroy evidence of the crimes.

In a remarkable 93-page ruling [PDF] issued on Monday, Cannon dismissed the entire federal case against Trump and his co-defendants on the basis that Smith's appointment as Special Counsel was somehow in violation of the Constitution and federal statutes. The argument made by Trump's attorneys and accepted by Cannon --- who had already been slow-walking the case for months --- was similar to those repeatedly rejected for decades by judge after judge, including appellate courts and, as our guest details today, unanimously by the U.S. Supreme Court in Nixon v. U.S. But Cannon, appointed by Trump at the end of his term and seated after he lost the 2020 election, appears to know more about the law than all of those other lesser judges.

We're joined today by former lifelong Republican and attorney KEITH BARBER, who writes on the law and Constitution for Daily Kos as "KeithDB", where he detailed Cannon's ruling yesterday. He explains why both the text of the Constitution and several federal laws written to allow Attorneys General to appoint Special Counsels in cases where it is important to avoid the appearance of a conflict of interest, prove Cannon's ruling wrong. But, as he argues today, being right on the law doesn't actually matter. "She just wanted to dismiss the case because her buddy Trump appointed her [and] gave her that job. It's time to return the favor, and so she has," he says.

Barber published a second article yesterday listing more than half a dozen Special Counsels and Special Prosecutors appointed similarly to Smith, from Archibald Cox and Leon Jaworski in the Watergate matter to Ken Starr during the Clinton Administration to Robert Mueller's probe of Russian interference on Trump's behalf in the 2016 election to the recent probe of President Biden himself by Special Counsel Robert Hur.

"A lot of people have gone to jail as a result of special counsels appointed by the Attorney General" over the years, Barber tells me. "None of them got the benefit of a rogue judge saying, 'Nope, all of that is not valid.' The Republicans and the MAGAs like to talk about this notion of two-tiered justice and how unfair it's been to Trump. No court accepted the notion that Special Counsels weren't authorized by statute and weren't something Attorneys Generals could do until it came to Trump. That is what two-tiered justice looks like."

If Cannon's ruling on Monday is correct, Barber asserts, then as part of the Mueller probe, former Trump attorney Michael Cohen's three-year prison sentence would have been unconstitutional and Trump associate and convicted pedophile George Nader would need to be freed immediately from his ten-year prison sentence, among other cases convictions that would need to immediately be revisited.

Will this ruling hold up to appellate scrutiny by the conservative 11th Circuit Court of Appeal, much less Trump's corrupted, packed, stolen and activist U.S. Supreme Court majority? We discuss that and much more.

Finally today, Desi Doyen joins us for our latest Green News Report, as the misery and power outages continue in Houston, Texas following Hurricane Beryl, thanks in no small part to state Republicans refusal to harden infrastructure for a climate changed world, and as Trump appoints flip-flopping climate science denier J.D. Vance as his Vice-Presidential running mate...

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