We're still catching up from last week's earth-shaking news week on today's BradCast, from the Supreme Court to our ever-worsening climate crisis. [Audio link to full show follows this summary.]

With understandable concerns about Joe Biden's candidacy following his debate performance almost two weeks ago, followed quickly by the July 4th holiday, I'm not sure that Americans yet fully appreciate the way in which our corrupted, extremist, radical, not-conservative-in-the-least U.S. Supreme Court has now upended the American experiment with its horrific, unjustifiable, anti-textualist, anti-originalist 6 to 3 ruling [PDF] last week on the previously unimaginable concept of "Presidential Immunity".

In short, as Justice Sonia Sotomayor detailed in her scathing, 30-page dissent and point-by-point rebuttal and evisceration of the corrupt, activist majority's ridiculous invention of a heretofore unknown "Presidential Immunity Clause" somehow hidden in the U.S. Constitution, the "decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law."

She describes, on behalf of her fellow liberal Justices, the majority's opinion as "just as bad as it sounds," describing it as "baseless" and "nonsensical", in which "Argument by argument, the majority invests immunity through brute force.” It is "deeply wrong", "illogical" and "unprecedented," she warns, adding that it will "have disastrous consequences for the Presidency and for our democracy".

Her dissent details how the Framers of the Constitution understood the concept of "immunity" quite well when adopting our founding document. They even gave a bit of it to the Legislative Branch, while denying same to the Executive, even as several state Constitutions had, by then, granted it to their own Governors. Nonetheless, "Relying on little more than its own misguided wisdom about the need for 'bold and unhesitating action' by the President, the Court gives former President Trump all the immunity he asked for and more."

In doing so, with this decision and a number of other radical, not-conservative-in-the-least opinions at term's end, the Roberts Court, according to today's guest, has also given itself unheard of power, placing the Judicial Branch above its otherwise Constitutionally co-equal Legislative and Executive Branches.

We're joined today by CHRIS GEIDNER, veteran legal journalist of LawDork to discuss that, and to help decipher whether this ruling is really "as bad as it sounds," as Sotomayor charges.

Is a U.S. President --- be it Donald Trump or anyone else --- at this point, actually now immune from criminal prosecution should he or she orders Seal Team 6 to assassinate a political rival? ("Allowed," says Geidner, according to "the plain text of the ruling.") How about if they order the assassination of Justices on the U.S. Supreme Court? ("It is hard for me to read in the ruling where that is not allowed.") How about if they sell Presidential Pardons for $1 million a pop? Would it really be "unconstitutional" now to bring criminal charges against a former President who asked his Secretary of Defense to "bring in the troops" to "shoot protesters...in the streets of our nation's capital," as Trump's former SecDef Mark Esper alleged that Trump actually did in 2020?

The answer, it turns out --- at least according to the ruling --- is pretty much, yup, he (or she) would now be immune from criminal prosecution for all of those supposedly "official acts". According to Geidner, however, those questions would ultimately need to be answered yet again by the Supreme Court. Depending on what the make-up of that Court looked like and, crucially, which party the President in question belonged to, their decisions might be very different on a case-by-case basis. It's good to be King. But it might be even better to be a Justice in the Supreme Court majority.

"Let's assume we get through this moment in time, relatively no more scathed than we already are," Geidner posits, before predicting, "this is a ruling that is going to fall in on itself over time."

"In the meantime," as Sotomayor notes, "The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law."

"Moving forward, all former Presidents will be cloaked in such immunity," she concludes. "If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop."

And finally, for those listeners who haven't yet jumped out of a window, Desi Doyen joins us for our latest Green News Report after returning from our holiday break, with more deadly climate catastrophes and, yes, more horrific, history making opinions (Yay! More gifts for polluters!) from our fully corrupted, captured, activist and more powerful than ever rightwing SCOTUS majority...

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I guess I'll have to keep saying it damn near every day on The BradCast between now and November (and probably for the next two years thereafter, at this rate), but anyone who tells you they know what's gonna happen in his year's elections, is just making it up outta whole cloth. Everything is changing every single day and all of it is going to effect what happens next. [Audio link to full show follows below.]

For example, before we get to our guest today, some quick news on the fallout from the stolen and packed U.S. Supreme Court's likely plan to overturn 50 years of freedom for American women's healthcare by overturning the Constitutional right to an abortion established in 1973's Roe v. Wade.

The news has been so alarming to so many that even Sen. Bob Casey (D-PA), a long time "pro-lifer", now says he plans to vote for the Women's Health Protection Act in the Senate this week to codify abortion rights into federal law. At the same time, new polling taken last week, after the leak of Alito's draft majority opinion that would overturn 'Roe', finds both good and suggestively helpful news for Democratic candidates paying attention.

The poll from Yahoo News/YouGov finds, once again, that a large majority of Americans do not want Roe overturned. More importantly, for democracy itself, voters in the survey support a generic Democratic over a generic Republican on their Congressional ballots by a 5-point margin (44% to 39%). But here's where the polling is really enlightening: "[W]hen voters were asked to choose instead between a 'pro-choice Democrat' and a 'pro-life Republican,' GOP support fell to 31% while Democratic support held steady --- more than doubling the gap between the two candidates, to 13 percentage points."

Got that, Dems?

That's just one of too many wildcards between now and November that make any sort of punditry largely useless. Another one? Well, Donald Trump's former Sec. of Defense Mark Esper was on Fox "News" this week confirming to Brett Baier that, yes, given the events of January 6th, 2021 and some other stuff, he believes "Donald Trump was a threat to democracy." Ouch.

Speaking of the January 6 insurrection and threats to American democracy, we're joined once again today by Constitutional law expert JOHN BONIFAZ, President and co-founder of Free Speech for People (FSFP), the non-profit, non-partisan good governance group helping voters to challenge the eligibility for reelection of elected officials who have "engaged insurrection" in violation of the Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3).

Bonifaz was with us several weeks ago following the sworn testimony of challenged Georgia Republican Rep. Marjorie Taylor Greene, who hedged and/or lied and/or "can't recalled" her way through questioning before an Administrative Law Judge in Atlanta. Greene claimed she couldn't remember whether she suggested that Trump invoke Martial Law (she did), whether she said Nancy Pelosi was "a traitor to the country" (she did, and admitted as much after it was clear that FSFP's attorneys questioning her had the video evidence), or that she even opposed the peaceful transfer of power on January 6th (yup, she did that on video too.)

On Friday, the state Administration Law Judge who oversaw the hearing, Charles Beaudrot, released his decision in the case, recommending that GA's Republican Sec. of State Brad Raffensperger not disqualify Greene from the ballot for lack of evidence from the challengers. But Beaudrot's 19-page decision [PDF] --- and Raffensperger's subsequent rubber stamp [PDF] --- "betrays the fundamental purpose of the Fourteenth Amendment’s Insurrectionist Disqualification Clause and gives a pass to political violence as a tool for disrupting and overturning free and fair elections," said FSFP in response. Bonifaz, today, describes major legal errors that he says must be reversed.

For example, Beaudrot completely ignored the evidence of text messages Greene sent to Trump's then Chief of Staff Mark Meadows on invoking Martial Law and Greene's own video on social media declaring, "you can't allow it to just transfer power peacefully, the way Joe Biden wants, and allow him to become our President."

Beaudrot "treats her as a credible witness," in his decision, charges Bonifaz, with "nothing about her as a witness who is not credible on the stand under oath, saying she couldn't remember, couldn't recall more than 80 times. Then you add that to the fact that days after her testimony, the revelation of the text she sent to Mark Meadows, where she did in fact advocate that Trump impose martial law to stay in power."

On top of that, he explains, the Judge also offers yet another reason to appeal. "The Georgia Supreme Court stated that, under Georgia law, 'The entire burden is placed upon the candidate to affirmatively establish their eligibility for office.' That's what the law is. [But] days before this hearing began, [Beaudrot] shifted the standard --- he reversed the burden of proof, and said it was not going to be on the candidate, it was going to be on challengers, contrary to that Supreme Court ruling."

FSFP is appealing the decision on behalf of the voter challengers they represent in GA's 14th Congressional District to Fulton County (Atlanta) Superior Court. "That's going to be before one judge. If we prevail, I'm sure Greene's attorneys will appeal to the state supreme court." Bonifaz says they plan to make every challenge possible through both the primary and general election, if necessary.

"We are not, on our end, giving up in any way," he vows. "The evidence is overwhelming that Marjorie Taylor-Greene engaged in insurrection, that she's disqualified, and our clients want us to proceed --- the voters in her district who are courageous to stand up on this --- they have been done an injustice by Judge Beaudrot."

The Greene case in GA is not the only challenge to alleged insurrectionist candidates for office. FSFP also challenged the eligibility of Rep. Madison Cawthorn in North Carolina, where a federal Appeals Court judge was seemingly stunned last week by his defense attorney's claim at their hearing that, yes, a 12-year old could run for Congress and nobody in the state could challenge that Constitutional deficiency, that it would be solely up to Congress to determine who is eligible to be seated as a member. A ruling from that 3-judge appellate panel is due soon.

And in Arizona, where the indefatigable FSFP is representing voters challenging the candidacies of Reps. Paul Gosar and Andy Biggs, along with AZ State Rep. Mark Finchem, the Trump-endorsed Republican running for Sec. of State this year, the state Supreme Court on Monday denied the right for voters to challenge candidates at all based on the Insurrection Disqualification Clause. They determined [PDF] that "no private right of action exists under the United States Constitution or Arizona law" to challenge candidates under the 14th Amendment and that "the Constitution reserves the determination of the qualifications of members of Congress exclusively to the U.S. House of Representatives."

Bonifaz disagrees, but concedes the group is out of court options in the state. However, he explains, the Secretary of State has the final word on ballot eligibility. In this case, that would be Democrat Katie Hobbs, who they've asked to disqualify the candidates. While that might otherwise be encouraging news, it should be noted that Hobbs is also on the ballot this year running for Governor. That could restrict her political options in a matter like this...but we'll see. But credit to FSFP for fighting as hard and as long as possible!

And, yes, Bonifaz tells me, the group intends to bring challenges, on the same Constitutional basis, against Donald Trump if he runs again in 2024. "Absolutely," he vows.

Finally, Desi Doyen joins us for our latest Green News Report, as "unprecedented" wind and heat in New Mexico are fanning out-of-control wildfires across the state, endangering thousands of homes and other structures. Also, wildfires in Russian Siberia are out of control as the military, which usually tensd to them, are otherwise occupied of late fighting Putin's war on Ukraine. But she's got some good news too, about cow burps! That alone may be worth tuning in for!...

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On today's BradCast: The five Republican Supreme Court Justices who were revealed this week to have voted to overturn the well-settled law of 1973's landmark 'Roe v. Wade' and the Constitutional freedoms it guaranteed for the right to privacy and reproductive healthcare, all appear to have lied about their positions on well-established precedent during their Senate confirmation hearings. And now Republicans are running for cover and Democrats are trying to figure out how to respond. All of which is shaking up "Conventional Wisdom" about this November's midterm elections. [Audio link to full show follows this summary.]

Before we get there with our guest today, however, some quick news. The Labor Department reported on Friday that 428,000 new jobs were added, beating economists' expectations for the month once again. Unemployment remains near a 50-year low and hourly wages are now 5.5% higher than they were a year ago. The U.S. economy has now regained nearly 95% of the 22 million jobs lost during Trump's mishandled pandemic, according to the New York Times, and Joe Biden's jobs numbers continue to smash all-time Presidential records with 12 straight months of job growth higher than 400,000. That has never happened since recording keeping of national jobs numbers began in 1939.

As Steve Benen observes, "Over the course of the first three years of Donald Trump’s term --- when the then-Republican president said the United States’ economy was the greatest in the history of the planet --- the economy created roughly 6.5 million jobs. This includes all of 2017, 2018, and 2019." That was all before the pandemic. Meanwhile, since Biden took office in January 2021, just 15 months ago, 8.8 million jobs have been created, "well above the combined total of Trump's first three years."

And the news of Trump's disastrous reign continues to pour out from the memoir, to be published next week, from his former Secretary of Defense, Mark Esper. Earlier in the week, we learned Trump wanted soldiers to shoot Black Lives Matter protesters in the street following the police murder of George Floyd. Last night, the Times' Maggie Haberman reports that Esper's book details Trump's repeated suggestion in 2020 that the U.S. bomb our southern neighbor. He wanted to "shoot missiles into Mexico to destroy the drug labs," and then lie about it to the public, says Esper. "We could just shoot some Patriot missiles and take out the labs, quietly," Esper reports Trump as telling him, "no one would know it was us." He made that suggestion twice, to a stunned Esper.

Trump's last Senate-confirmed SecDef also reveals that a member of the Joint Chiefs of Staff began researching the 25th Amendment to remove Trump from office after being shaken by his erratic behavior during a meeting on China in May of 2020. There's more. Tune in for it.

NEXT, we're joined by our old friend HEATHER DIGBY PARTON, award-winning opinion and analysis journalist from Salon and Digby's Hullabaloo to help us make sense of all of the considerable fallout following this week's stunning leak of a SCOTUS majority draft opinion that would overturn 'Roe v. Wade' in its entirety.

Among the related points discussed: Parton's take on the on draft opinion itself; why it may have been leaked; the GOP's "big tell" reaction revealing "that they weren't really prepared" for this in advance of an election they thought they had in the bag; and the need for Democrats to coalesce around a message in solid response to the unprecedented removal of freedoms for Americans which will not stop with abortion.

Digby also shares thoughts on the show vote that Dems have scheduled for next week to codify 'Roe' into law, even though its certain to fail, if only because they won't be able to wrangle the votes needed to overcome a GOP filibuster or to waive the 60-vote requirement in the U.S. Senate. (Remember: Republicans voted to do away with the filibuster for Supreme Court Justices when they packed the Court with the lying Justices Gorsuch, Kavanaugh and Barrett during the Trump Administration.)

But Parton would also like to see a series of separate votes on related matters to get all members on record. For example, a law that establishes "that you're not allowed to punish women for any pregnancy-related crime" and one that would protect abortion in cases of rape or incest. "Are you for rape?' Get them on the record," she advises. "If you want to raise awareness about what these people are really talking about, maybe you need to get more explicit about it."

Also, we discuss my belief that buying into the Conventional Wisdom emanating from the corporate media which presumes Dems will take a shellacking this November is a huge mistake in these decidedly unconventional times.

FINALLY today, Desi Doyen's got our latest Green News Report, on the EU's plan for a Russian oil embargo; CA's investigation of Big Oil lies about plastic recycling; and plummeting levels at western reservoirs leading to unprecedented water cuts and revealing...wait for it...long dead bodies.

Enjoy!...

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On today's BradCast: With midterm primaries in Ohio and Indiana yesterday kicking off a month of about a dozen such primaries across the country, and more to come in subsequent months, America is voting again. So, naturally, America's voting systems are failing voters again. [Audio link to full show is posted below this summary.]

In Ohio, in at least three different counties (Lucas, Cuyahoga and Williams) reports of misprogrammed systems prevented voters from casting their votes or forced them to return later in the day to do so. Electronic pollbooks used as part of computer touchscreen Ballot Marking Devices (BMDs) appear to be the culprit this time. Again. In this case, at least in Lucas (Toledo) and Cuyahoga (Cleveland) it appears the e-pollbook vendor misprogrammed them to print out barcodes on ballot cards that subsequently brought up the ballot for the wrong party when voters put those ballot cards into the BMDs to try and cast their votes. Republicans received Democratic ballots and vice versa.

The widespread failure was reportedly corrected eventually, by about 2pm. In some cases, poll workers were able to manually punch in codes to bring up the correct party ballots and precincts onto the BMD systems for voters. In other cases, voters were given printed ballots that they could fill in by hand (begging the question as to why all voters weren't simply given reliable, verifiable hand-marked paper ballots to use in the first place to avoid these ongoing electoral nightmares!) Either way, problems like these do little to foster confidence in our electoral system, particularly on BMD systems which are already 100% unverifiable after elections, making it impossible to know if votes cast via such systems actually reflect the intent of any voter.

Luckily, confidence in our voting systems hasn't been a big concern in the U.S. of late, right?

As to actual reported results of voting on Tuesday, we cover, among other things, the Democratic U.S. House race watched closed by some on the progressive left between Rep. Shontel Brown and Bernie Sanders-ally Nina Turner in the state's 11th Congressional District (which happens to touch both Lucas and Cuyahoga Counties, where voting systems failed). The contest was a re-run of last Summer's special election to fill the House seat vacated by Rep. Marcia Fudge after she was tapped to serve as Joe Biden's HUD Secretary. Turner lost once again on Tuesday, reportedly by a much wider margin this time, before suggesting in her fiery concession speech that she may be planning an independent run for President in 2024.

All of the U.S. House races in Ohio were run on a new map found by the state Supreme Court to violate the state's constitution, requiring districts that reflect the state's partisan balance after a 2018 ballot iniative for fairer maps won 70% of the vote. Ohio's Presidential contest in 2020 was about 53 to 45% in Trump's favor. Nonetheless, the new maps created by the GOP-majority Redistricting Commission in the Buckeye State will likely result in a 13 to 2 --- or maybe 12 to 3 --- advantage in favor of Republicans in Ohio's U.S. House delegation, as redistricting expert Dave Daley told me via email today. The unconstitutional map is being used in 2022 as the court challenge continues. Perhaps they'll get fair U.S. House maps by 2024. Or not.

On the Republican side of Tuesday's primaries, all of Trump's endorsed candidates --- no matter how crazy, no matter how many times they've been accused of domestic violence or sexual harassment --- won yesterday in both Ohio and Indiana. In Ohio, that even included author and former never-Trumper J.D. Vance in his bid for the GOP U.S. Senate nomination. Vance, back in 2016, said he couldn't "stomach Trump" and found him "noxious". But he changed his tune when he decided to run for the open Senate seat being vacated by retiring Republican Sen. Rob Portman. Now, Vance says, Trump's "a great President, certainly the best President of my lifetime." That was enough, apparently, to win Trump's endorsement, which appears to have catapulted Vance from third place, just a few weeks ago, to a reported win on Tuesday night. He'll be running in November against Democratic nominee Rep. Tim Ryan.

While all of this is great for Trump's considerable ego, it remains to be seen whether having a bunch of far-right, radical loons and alleged abusers who insist the election was stolen from Trump in 2020 (despite any evidence to support the claim) will be good or bad for the GOP this November. It should be a big year for them, but there are still a whole lot of X Factors that could affect so-called Conventional Wisdom on this.

Next, the voters challenging the eligibility of North Carolina insurrectionist Rep. Madison Cawthorn to run for reelection had their day in federal appeals court on Tuesday, after a Trump-appointed lower court judge tossed their Constitutional challenge to Cawthorn's eligibility under the "Insurrectionist Disqualification Clause" of the 14th Amendment. The Q&A between Cawthorn's defense attorney and one of the judge's on the appeals panel was...um...kinda mind-blowing.

As Constitutional law expert John Bonifaz of Free Speech for People, the group representing the voter challengers, summarized on Twitter yesterday: "'Let's say you want to run for office at 12 years old, or something like that,' Judge James Wynn said. 'The state can't do anything? You've got to wait until Congress says they can't run?' Cawthorn's counsel: Yes, the state has no role + must allow that 12 year old on the ballot." Even that snippet doesn't do this hearing justice. We break the whole thing down for ya today.

Then, as we try to get caught up on a bunch of stuff that's been buried by larger stories (in Ukraine, at the Supreme Court) this week, a new memoir by Trump's last Defense Secretary, Mark Esper, claims that Trump wondered why the military couldn't just shoot Black Lives Matter protesters in the street.

Finally, Desi Doyen joins us for our latest Green News Report, as unprecedented heat in South Asia is now "testing the limits of human survivability" and much more, including even some good news on Denmark going all-electric...

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For more than two months, the FBI has been rounding up and charging hundreds of Trump-incited insurrectionists who, in hopes of preventing the Congressional certification of Joe Biden's Electoral College victory last November, stormed the U.S. Capitol on January 6th.

But a number of key questions remain wholly unanswered following the unprecedented attack on our very system of representative democracy. Central to several of those questions is Donald Trump's own, personal, behind-the-scenes machinations to help instigate the uprising and, perhaps, prevent the deployment of the military to help quell the rebellion he encouraged.

The March 3rd Senate committee testimony of Major General William Walker, Commander of the D.C. National Guard, describing a seemingly inexplicable delay in authorization for his troops to provide relief to the U.S. Capitol under siege, underscores the need to determine whether there is a connection between Trump's post-election November 2020 purge of the top civilian leadership at the Department of Defense (DoD) and the January 6th assault.

The purge at the Pentagon began two days after media outlets called the Presidential Election for Joe Biden, when Trump fired Secretary of Defense Mark Esper. Within days, four senior DoD officials either resigned or were fired and replaced by what CNN characterized as "conspiracy theorists and Trump loyalists." Christopher Miller became the Acting Secretary of Defense. Kash Patel, who had previously worked for the disgraced Rep. Devin Nunes (R-CA) on the House Intelligence Committee, was appointed to serve as Miller's Chief-of-Staff.

While one Pentagon official described the November purge as "scary", "unsettling" and the moves one would expect from a "dictator", CNN noted in its contemporaneous account that "no one at the Pentagon has an understanding as to what the grand plan is."

Walker's testimony before the Senate Rules and Homeland Security Committees earlier this month, together with other publicly known evidence, points to a distinct likelihood that, once it became clear he couldn't rely upon the U.S. military to carry out a coup, Trump's "grand plan" entailed a stand-down of the D.C. National Guard while his "personal army", an incited mob of white supremacists, stormed the Capitol on January 6...

Acting Defense Secretary Christopher Miller --- and every civilian and sworn member of the U.S. military under Miller's chain-of-command --- has a legal duty, under the Uniform Code of Military Justice, to refuse to carry out an unlawful order to take part in a military coup that is designed to prevent the peaceful transfer of power to the duly elected 46th President of the United States on January 20, 2021. That duty holds even if the order to carry out that military coup is issued by the current Commander in Chief.

This is not an abstract concern.

Recall that the increasingly desperate Donald Trump previously discussed with the disgraced and recently pardoned, former National Security Advisor, Lt. General Michael Flynn, the possibility of utilizing the military to facilitate a re-do of what U.C. Irvine Law Professor Rick Hasen described as a "decisive" electoral victory for his opponent, Joseph R. Biden.

The prospect that Trump would dare to issue an unlawful coup order was driven home by the fact that all ten living former Secretaries of Defense found it necessary to publish an ominous Washington Post editorial on Sunday that they directed to Miller. With his subordinates, Miller has failed to fully cooperate with the transition, according to President Elect Biden.

The former Secretaries of Defense not only admonished Donald Trump's newly placed Acting Secretary of Defense that he had a duty to facilitate the transition, but also issued a stark warning: "Civilian or military officials who carry out [efforts to involve the U.S. military in the election] would be accountable, including facing criminal penalties, for the grave consequence of their actions on our republic."

The potential for such an unlawful order is underscored by the fact that the former Secretaries of Defense, who signed off on the op-ed, included Mark Esper. He was fired by Presidential Tweet on November 9 --- two days after the networks called the election for Biden. While we don't know precisely what Trump may have conveyed to Esper, there can be no doubt but that Esper, more than any other former Secretary of Defense, is acutely aware of Trump's post-election state of mind.

The word needs to go out, not only to Miller's subordinates and to high-ranking members of the military, serving at the Pentagon, but also to everyone who wears the uniform. You must not obey an unlawful order to carry out a military coup.

On today's BradCast: Sometimes it's good news when bad news arrives. At least when it's a breath of reality in the Trump Era. [Audio link to today''s show is posted below the summary.]

We've been trying on this program to make some sense in recent weeks of Wall Street's alternative reality, as seen over the past 12 weeks or so while millions of Americans have become unemployed as states ordered shutdowns and business closures while the coronavirus wreaked deadly havoc across the country. The economy has, understandably, tanked in the bargain. But the stock market's major indexes have nonetheless surged some 44.5% between late March and this week. American billionaires, as discussed in detail on a recent show, have seen their fortunes rise by some $565 billion between March 18 and the first week of June, even as the economy has largely ground to halt and entered its worst recession since the Great Depression.

The irrational exuberance of Wall Street has continued week after week, for each of the past twelve, while millions of American have newly filed unemployment claims in record numbers that simply blow away any other downturn in our nation's history beyond the Great Depression. Major companies like Hertz and J.C. Penney are declaring bankruptcy, and yet the marketeers in the Wall Street casino continue to bid up the companies share prices. On Wednesday, the NASDAQ hit its all time high. Not its highest level during the pandemic, but its ALL TIME highest trading price.

It's as if the market and the reality of the economy exist on two entirely different planets. But they don't. That was made clear again today as yet another 1.5 million new jobless claims were reported by the Bureau of Labor Statistics, leaving anywhere from 20 to 40 million Americans out of work and Congress' expansion of unemployment benefits set to expire at the end of next month.

And yet, as Donald Trump becomes increasingly concerned about his reelection chances, he and his supporters are citing the booming stock market as if it's the same thing as the economy. It decidedly isn't. That reality finally appears to have hit home on Thursday --- at least for now --- as the Dow plunged some 1,800 points along with the other major market indexes which plummeted as well. Traders seem to have finally noticed that the coronavirus can't simply be pretended away. It is not only NOT going away anytime soon, but infections and hospitalizations are currently surging to record highs in at least 21 states on the heels of many of those states --- talking to you Arizona and Texas, among others --- dangerously "reopening" far too early.

Some have (wrongly) dismissed the reported increases in the number of confirmed infections as an byproduct of increased testing. That is not true. The increases of note are in both the percentages of positive tests and in hospitalizations in many areas around the U.S. That disturbing surge comes largely before we begin to see whether the past two weeks or nationwide protests over the killing of George Floyd substantively adds to the totals, as some fear.

Ultimately, today's market crash can be seen as "good" news, in that perhaps reality is finally catching up with the markets whose inflated value has helped to prevent Donald Trump and his Republican sycophants in Congress from taking the necessary actions needed to prevent both the economy and the health of the American people from becoming decidedly worse. I've got a rant or two about all of this on today's show.

But there was more heavily-qualified "good" news on Thursday as Trump's Chairman of the Joints Chiefs of Staff, Army General Mark Milley, made clear in a video-taped statement, that it was a "mistake" for him to have joined Trump for his obnoxious photo-op last week at St. John's Episcopal Church across from the White House after Trump ordered peaceful protesters violently cleared out of Lafayette Square.

And, in further encouraging news, protesters around the country have begun to take matters into their own hands in removing offensive monuments to Confederate traitors who rebelled against the United States and killed hundreds of thousands in the bargain, in hopes of preserving slavery in "the land of the free". On Wednesday, a statue of Confederate President Jefferson Davis in Richmond, VA, the former capital of the Confederacy, was pulled down, as other such statues --- many of them erected decades after the Civil War during the Jim Crow era, as segregationist policies further institutionalized white supremacy in the U.S. --- were defaced, decapitated or destroyed as well. Yes, I've got a thought or two on all of that today as well.

Finally, Desi Doyen joins us for our latest Green News Report, in which major environmental groups are also taking action towards racial justice within their own organizations in the wake of nationwide protests, and as communities of color continue to be disproportionately harmed by pollution, climate change and other environmental issues. She also has a bit of good news regarding a newly coal-free Britain and some less good news on our latest new plague in the U.S. --- or, at least in Florida: giant toxic toads! Buckle up!

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Sure, I admit today's BradCast is a bit breathless, but you try and keep up with all of this madness happening, breaking, changing and then changing again all at once while trying to make calm, cool, collected sense of it all for listeners in just under an hour! As usual, we do our best. Wish us luck. [Audio link to full breathless show is posted below the summary.]

Somewhere amid the mayhem of our latest program you will find coverage of...

• New charges brought today against the four Minneapolis police officers responsible for killing George Floyd last week. (BRAD BLOG's Ernie Canning foreshadowed as much in his report on the results of a new independent autopsy of Floyd earlier today.);

• Protests against Floyd's ghastly murder-by-cop continue around the country for a tenth day;

• Trump (as we predicted yesterday) begins to back away from his tough guy threats to send U.S. military troops to cities across the country to "dominate" peaceful American protesters;

• Trump's Secretary of Defense Mark Esper claims he didn't know where he was going when he joined Trump's pathetic photo-op with a bible iin his hands in front of St. John's Episcopal Church on Monday, after federal storm-troopers were ordered to clear out peaceful protesters and church staff with tear gas, rubber bullets and other violence to take the shot. Esper now says that he opposes using federal troops against Americans, even though he described American cities as "battle spaces" during a phone call with Governor's on Monday;

• A senior Pentagon adviser resigns, charging that Esper "violated" his oath to protect and defend the Constitution;

• Even Pat Robertson tosses Trump under the bus after all of this;

• U.S. troops deployed to D.C. from Fort Bragg in NC on Tuesday to quell protests are reportedly sent back to their bases...and then reported NOT being sent back to their bases just a few hours later, right before air time today';

• Some protesters managed to breach a temporary fence near the White House and cowardly Trump is reportedly scuttled back into his underground White House bunker by Secret Service;

• Also, Trump claims to now be pulling the August Republican National Convention out of Charlotte, North Carolina because the state's Governor won't let him create a shoulder-to-shoulder viral super-spreader event out of it. We'll see if President Bluffer keeps that threat (he usually backs away from most), and we'll see how it may harm his odds of winning the very closely divided Tar Heel State this November. He really needs it to go "red" again if he wants a chance at re-election;

• And, oh yeah, all of this as primary elections were held in about a dozen states and D.C. amid protests, curfews and a pandemic that continues and has, so far, killed more than 105,000 Americans in just the past 90 days.

  Unofficial results from Tuesday are slower than usual in coming in, due to the expansion of absentee voting in most states to help keep Americans safe during the pandemic. Lines to vote in-person were also much longer than usual in many places, due to the consolidation of polling places, also thanks to the coronavirus. That resulted in many forced to wait in very long lines, sometimes for hours after curfews around the country. But there was some noteworthy news in the few results we do have.

  Of course Joe Biden continues his march toward the required number of delegates to formally win the Democratic Presidential nomination. But, of more note on Tuesday...

  • Ferguson, Missouri --- where the killing of a young African-American man by a white cop sparked national protests six year ago --- elected Ella Jones as the city's first woman and first African-American Mayor!
  • Nine-term white supremacist Republican Congressman Steve King was defeated in the GOP primary in Iowa's 4th Congressional District by another rightwinger who will go on to face progressive Democrat J.D. Scholten (a guest on this show just a few weeks ago) in November.
  • Republican Congressman Greg Gianforte, who beat up a journalist (and tried to lie about it) the night before winning his first term in Congress three years ago, won the GOP nomination for Governor in Montana. He will now run against the state's Democratic Lt. Governor Mike Cooney to fill the seat being vacated by the popular term-limited Democratic Governor Steve Bullock in a state which Trump won by 20 points in 2016. That year, however, Bullock won his second term as Governor on the same ballot, and on Tuesday he secured the Democratic nomination to take on incumbent Republican Sen. Steve Daines, who could very well be in trouble this year.

  We're joined today by progressive Congressional campaign expert and advocate HOWIE KLEIN of the "Down With Tyranny" blog and the BlueAmericaPAC to discuss all of the above and much more, including a number of other progressive wins (some a surprise) and losses (not as surprising) on Tuesday.

  Klein also handicaps a few upcoming races and offers what he regards as some "exciting" contests next week in Georgia which, with West Virginia, will be holding their own primary elections on June 9th. If you can keep up with everything that happened on today's show, much less today overall, you win a prize. Other than that, color me breathless...again...

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On today's BradCast, after a necessarily quick news round-up today (on Cory Booker dropping out of the Democratic Presidential nominating contest and the Trump Administration's continuing attempt to lie about about Donald Trump's unlawful assassination of Iranian General Qassem Soleimani), we get on to the most important business of the day --- at least for voters in the state of California, though all across the country as well.

Brand-new, 100% unverifiable computer touchscreen Ballot Marking Device (BMD) voting systems, which all voters at the polls will be forced to use for the first-time in the 2020 Presidential election in Los Angeles County, beginning with the March 3rd Super Tuesday primary, are currently undergoing the CA state certification process. The $300 million system is failing state security and certification testing miserably, according to documents buried at the CA Sec. of State website, and reported on today's program for the first time.

In addition to producing a computer-marked ballot that can never be verified as reflecting any voters' intent after an election, documentation of state certification tests of the new "Voting Solutions for All People" system (or VSAP), reveal a myriad of incredibly serious security failures and violations of state law, according to experts we've consulted.

As we detail on today's program, the testers have discovered, among other very serious concerns, more than 40 violations of California Voting System Standards, including findings that reveal:

• The VSAP system can be booted from a USB drive that would bypass all security and logging protections and that access to the master account is needed for too many things, meaning that "too many people have access to the root password," according to state testers. That means "The excessive root access and the ability to boot the system from a USB port give access to the system by unauthorized individuals. Either scenario can result in undetected changes to files and data...Both scenarios can allow functions to be executed in non-intended ways. The unrestricted access to, and the ability to boot from, the USB port allows access to voting data";
• Many problems were discovered with security regarding encryption and cryptography in the new system;
• The testers discovered "It is possible to insert or remove ballots from both the BMD and ballot transfer boxes without detection";
• "The printer cover allows access to the ballot box and can be opened without detection";
• "Seals, locks, labels and sensors can all be bypassed" without detection.

Those are just some of the many findings that led one national voting system and cybersecurity expert to wryly describe the results to us as "not good" and another to describe the system as "a security fail".

Nonetheless, CA Secretary of State Alex Padilla could still certify the systems for use in the 2020 primaries and general election anyway, following the passage of a law he championed in 2013 as a State Senator that gives the SoS the ability to approve the use of new voting systems, even if they fail both federal and state testing, for actual elections.

The very quiet Public Comment period regarding certification of the unverifiable, unsecure VSAP touchscreen computer voting system ends next Monday, Jan. 20, 2020 at 5pm Pacific Time. We are urging those concerned to contact the state at VotingSystems@sos.ca.gov immediately to ask them to not certify this dangerous, unverifiable system, and to require a HAND-MARKED paper ballot for all voters at the polling place in this year's crucial primary and general elections.

We offer much more frightening detail on all of this on today's program regarding the dangers of this type of voting system as they are proliferating not just in Los Angeles County, but also in key battleground states such as Georgia, Pennsylvania, North Carolina and many others before the critical 2020 elections begin in just weeks time!

We appear to be the only media outlet, to our knowledge, reporting this important information on the failed VSAP tests out of California, so please share widely! We cannot afford to wait until corporate media bother to notice (such as NBC News, which just noticed on Friday a very serious concern about modems in voting systems in several battleground states that we had covered on The BradCast more than six months ago!)...

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Donald Trump is, apparently, not content with just breaking America. Now he seems desperate to break the entire world. Also, back home, the lie of Republican "conservatism" is revealed, yet again, to be little more than a marketing gimmick for the party. Unfortunately, it also turns out to be deadly.

Among the stories covered on today's BradCast [Audio link to show posted below]...

• An apparent lie Donald Trump told on Monday about India's Prime Minister asking for his help to mediate the years-long Pakistan/India dispute over the Kashmir region, resulted in chaos and outrage in the Indian Parliament on Tuesday;

• At the same White House press avail with Pakistan's Prime Minister on Monday, Donald Trump also boasted how he "has plans" that, if he wanted to, "Afghanistan would be wiped off the face of the earth" in "literally ten days". Benevolently, however, he added that he just doesn't "want to kill ten million people". The remarks do not appear to be going over well in Afghanistan;

• With Trump's great foreign policy successes, the Conservative Party in the UK has selected the Trumpiest character they could find to be their next Prime Minister after three years of failed Brexit efforts. Boris Johnson will now replace the outgoing Theresa May in that post and, after being a key supporter of Brexit, Johnson vows he will pull the UK out of the European Union, "do or die", by October 31st. That, even if it means leaving without an agreement with the EU, no matter how much havoc would almost certainly ensue thereafter;

• Back at home, Trump's Swamp gets swampier still as Mark Esper, the longtime lobbyist for defense contractor Raytheon, is confirmed by the U.S. Senate to be our new Defense Secretary. There may be an upside, however, but if so, he probably won't last long;

• GOP "conservatism" was revealed, yet again, for the joke that it has long been, as the Trump Administration and Congressional Democrats agreed on Monday night to a two-year budget accord that will increase spending by some $320 billion and avoid further debt-ceiling battles until 2021, the first year of the next Presidential Administration. With that agreement --- presuming Fox and friends don't convince Trump to reverse himself again --- record debt and deficit will continue to balloon under this Republican President, as it has during his first several years in office. Once again, putting the lie to the notion that Republicans are actually concerned about debt, deficit or federal spending, at least when a Republican is in the White House. Between the unpaid-for Trump/GOP tax cuts for the wealthy of $1.5 trillion, and year-over-year increases in federal spending since Trump's been in office, the annual deficit has now ballooned to nearly $1 trillion a year with the national debt reaching $22 trillion. That, after decreased deficits, year after year, during the last four years of the Obama Administration. No doubt, Republicans will pretend to be "conservatives" again just as soon as there is a Democrat in the White House once more. And they'll have a new fight over the debt ceiling to do it with, presuming Trump is out by 2021. That's the "conservative" scam, and it's shameful that the media --- and even Democrats --- continue to fall for it by calling them "conservatives". They are nothing of the kind;

• Their pretend "conservatism", however --- whenever it is convenient to hide behind the label --- is also deadly. A new study by the National Bureau of Economic Research finds that, thanks to the GOP-controlled states that refused to expand Medicaid under the Affordable Care Act (Obamacare), approximately 15,600 deaths have occurred that otherwise would not have. Many of those states are also part of the group suing to kill the ACA entirely, a case heard last week by the 5th U.S. Circuit Court of Appeals. If they are successful in striking down Obamacare in its entirety as unconstitutional, it means that some 24,000 Americans per year could die that otherwise would have lived. That's how GOP "conservatism" works. (Never mind that whole "provide for the general welfare" nonsense in the Constitution that they pretend to revere when occasionally convenient for them);

• Last week, Republicans in the Senate actually agreed to adopt a measure that would make hacking a voting system a federal crime. (Did you know that it wasn't?) And today, on the eve of long-awaited U.S. House testimony by former Special Counsel Robert Mueller, Trump's own FBI Director Christopher Wray told the Republican-led Senate Judiciary Committee that he believes "the Russians are absolute intent on trying to interfere with our elections";

• And finally, Desi Doyen joins us for the latest Green News Report, in which the latest climate change-fueled record heat wave reveals the vulnerability of U.S. infrastructure, the Trump EPA refuses to ban a toxic pesticide (made by a top Trump donor) which causes brain damage in children, the Trump 2020 campaign trolls the libs with recyclable and reusable straws (seriously) and Berkeley, CA becomes the first city in the nation to ban natural gas in new home construction...

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I've had a lot of legal questions swirling through my head in recent weeks as Trump and his minions have expanded their attempts at blocking all Congressional investigations of his many crimes. On today's BradCast, despite the unprecedented and ever-changing nature of what Trump is attempting, I get a bit of clarity from a guest with a long background in legal, legislative and executive matters regarding all three branches of the federal government. [Audio link to show follows below.]

First up, however, some quick news of the day. Donald Trump's Acting Sec. of Defense Patrick Shanahan, a former Boeing executive, has withdrawn his formal nomination after reported difficulties obtaining a standard FBI background clearance due to a history of domestic violence with his former wife. Former Raytheon lobbyist and Trump's Sec. of the Army Mark Esper has been tapped, for now, as the new Acting SecDef.

The widespread --- and still-unexplained --- failure of the electrical grid in Argentina, Uruguay and Paraguay over the weekend that affected tens of millions in South America, did not, at least, prevent gubernatorial elections from continuing on Sunday in Argentina, where they wisely use HAND-MARKED paper ballots. The election was uninterrupted despite the outage, as voting was able to continue as usual, even if voters needed to rely on mobile phone flashlights in order to see their ballots while filling them out by hand. That, by way of contrast with the utter havoc and chaos that would result from a similar outage or cyber-attack on the U.S. power grid during an election next year, with dozens of states relying on computer voting systems and electronic poll books, including a number of jurisdictions such as Los Angeles County (the nation's largest), which are set to move from hand-marked paper ballots to 100% unverifiable touch-screen voting systems in advance of the 2020 Presidential primary elections. What could possibly go wrong?

Freshman Democratic U.S. House Rep. Katie Porter announced on Monday night that, after weeks of careful consideration, she has decided to call for an official impeachment inquiry of Donald Trump. Her announcement is significant in that Porter narrowly won election last year in Republican-leaning Orange County, California, defeating her incumbent GOP opponent by just over three points. With more than 65 Democratic members in the House (and one Republican) now calling for impeachment proceedings, Porter is one of only two Democrats from closely divided swing districts where GOP incumbents were ousted last November to call publicly for beginning the Constitutional process of impeachment of our criminal President.

At the same time, the Trump Administration has spent months following the release of the damning, redacted Special Counsel's report from Robert Mueller [PDF], exercising all manner of legal schemes and Presidential tricks to try and obstruct the Congressional investigation of the many criminal obstruction offenses by Trump detailed in Mueller's report. The Administration, with the aid of his new Attorney General and fixer William Barr, has invoked so-called Executive Privilege over the entire report (even the already released material) in an attempt to prevent the unredacted report and its underlying evidence from being disclosed to Congress and the American public. They've also used Executive Privilege to try and block lawful Congressional subpoenas of current and former White House officials, many of whom cooperated as witnesses with the Mueller probe, in hopes of preventing them from testifying in the House or turning over subpoenaed documents. Barr's DoJ has gone so far this week as to offer a legal claim that the IRS need not turn over Trump's tax returns to the House Ways and Means Committee in defiance of a decades-old statute requiring the IRS to do so. Trump's private attorneys have attempted to block Congressional subpoenas for the President's financial documents at his accounting firm Mazars and at Deutsche Bank, and, during a recent interview with ABC News, Trump said his own FBI Director was "wrong" for insisting that candidates contact the FBI if they are approached by foreign nationals with opposition research on their political opponents.

Those, of course, are just some of the ways that Trump continues to obstruct justice and defy the rule of law. But what are the chances that he will ultimately succeed in his attempts to obstruct Congress? We're joined today by LISA GRAVES, who has worked as a senior advisor in all three branches of the federal Government, to help us better understand some of the key elements of Trump's crimes and his attempts to invoke measures to block accountability for them.

Graves, the co-founder of the non-profit Documented, formerly served as Deputy Asst. Attorney General at the Dept. of Justice, General Counsel in the US Senate, and former Deputy Chief for the US Court system. On today's program, she explains the seriousness of obstruction crimes; how "Executive Privilege" has been invoked by Presidents (successfully or otherwise) in the past, and what the privilege really is and isn't (hint: it's not actually a statutorily or Constitutionally defined thing); whether it's actually possible or justifiable to prevent the disclosure of Trump's tax returns under the DoJ's new pretext; and whether she believes Trump should be impeached.

On criminal obstruction, says Graves: "The fact is that obstruction is a very serious crime. I suppose that if they really wanted to know how serious obstruction is, they could call Nixon back from the grave to ask him how serious this is."

On Barr's collusion with Trump: "It's truly a shame, quite frankly, that under the broken Senate led by Mitch McConnell, that Barr was confirmed to this role that he was most undeserving to hold. And that he now holds basically as a lapdog to this President, willing to his bidding, and to really subvert the true mission of this Justice Department."

On Trump's broad attempted use of Executive Privilege: "The idea that any President could somehow assert privilege over revealing evidence of his own potential obstruction of justice, the crime of obstruction, is simply astounding...There's simply no way that any reasonable interpretation of whatever that privilege might or might not be, would allow a President to hide from Congress --- which expressly has powers under our Constitution to impeach a President and to try a President --- to hide evidence from that Congress that has those express powers to hold a President accountable."

But, on that last point, she offers some "hesitation" thanks to "this Supreme Court which has been stacked by McConnell and the dark money which backs him." I'm also happy to hear her correctly note that "this court is not truly conservative, they are radically reactionary."

Graves also responds to my question about the recent statement from the chair of Federal Elections Commission, Ellen Weintraub, issued in response to Trump's assertion that he needn't contact the FBI if approached by a foreign national with dirt on a political opponent. Weintraub's statement clarified that "It is illegal for any person to solicit, accept, or receive anything of value from a foreign national in connection with a US election." But, isn't that precisely what the Hillary Clinton Campaign (and a Republican primary campaign before it) did during the 2016 election by soliciting oppo-research on Donald Trump from former British spy Christopher Steele? I discuss that and much more with Graves today.

Finally, Desi Doyen joins us for the latest Green News Report, with more details on Sunday's South American power grid failure, news of a reported U.S. cyber-offensive against the Russian power grid, bad climate change-related news for the Gulf of Mexico's "dead zone", and some very good news from outgoing conservative British Prime Minister Theresa May who is vowing to commit the UK to the world's most aggressive targets to combat our climate crisis by eliminating greenhouse gas emissions while boosting the nation's economy at the very same time...

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