On today's BradCast: Bob Woodward and Carl Bernstein would be weeping in their graves --- but they're still alive and joining many of us in calling out WaPo's cowardly billionaire owner today for kowtowing to a wannabe dictator who's not even in office yet. Thus is the shameful price --- and cost to American democracy and Freedom of the Press --- of American Oligarchy, 2024-style. [Audio link to full show follows below.]

Among our stories today, before opening up our phone lines for listeners to "endorse" the Presidential candidate of their choosing, just one week before Election Day in arguably one of the most critical elections in U.S. history...

• Last week, more than 20 absentee ballots were burned in an apparent case of arson inside of a U.S. Postal Service collection box in Phoenix, in the battleground state of Arizona. Today, hundreds of ballots were burned in a ballot drop-box in Democratic-leaning Vancouver, Washington as well as Democratic-leaning Portland, Oregon. The FBI is investigating and local law enforcement report they have identified a "suspect vehicle" thought to be connected to the incendiary devices used in both cases in the early A.M. hours on Monday.

• Last week, Donald Trump-supporting billionaire Elon Musk, the richest many on Earth, kicked off a "lottery" where registered voters in battleground states who sign his pledge would become eligible for a one million dollar give-away each day before next Tuesday's Election Day. The DoJ subsequently warned Musk that the stunt was likely an unlawful vote-buying scheme under federal law. On Monday, the Philadelphia District Attorney sued Musk for running what he is describing as an unlawful lottery in violation of Pennsylvania law.

• On Friday, the Washington Post --- with the now-laughable tagline "Democracy Dies in Darkness" --- announced it would not be making an endorsement in the Presidential race for the first time in nearly 50 years. It's billionaire owner, Amazon founder Jeff Bezos --- whose space travel company has billions of dollars of contracts with the federal government --- was reportedly behind the decision that undercut the legendary Watergate paper's own Editorial Board that was set to endorse Kamala Harris. The decision came just after the billionaire owner of the Los Angeles Times --- who happens to be a close friend of Elon Musk --- forced that paper to do the same. It is what noted U.S. fascism expert Timothy Snyder describes in his landmark 2017 book, On Tyranny, as "obeying in advance," which he strongly warns against as "Lesson One" when fascists threaten to take power. Will Bunch of the Philadelphia Inquirer also has a few thoughts in response about the "billionaire cowards" at the two papers who are already "showing what life under a dictator is really like", even before Donald Trump's becomes President again (if he ever does.)

• With all of that in mind --- and a few more stories of note here or there --- we open up our phones for listeners to make their own endorsements today on air in this year's election. That, because The BradCast and our many affiliate stations --- many associated with the Pacifica Radio Network, founded in 1946 to, specifically, stand up against then-rising fascism --- are not owned, run or controlled in any way by billionaires or their corporations. The result: a lot of calls today, with endorsements for Harris, Trump and --- because our live-listener base largely draws from KPFK, our very left-ish flagship station here in Los Angeles --- for the Green Party's Jill Stein, as a protest vote against the Biden-Harris Administration's position on Israel. (Never mind how much worse a Trump Administration would be on the same issue...which leads to a few very lively conversations with listeners today!) Please tune in!...

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Our guest on yesterday's BradCast nailed it. The stolen and packed U.S. Supreme Court did, in fact, strike down one of the Biden Administration's vaccine mandates today (the one that allows employees to not get vaccinated if they choose), while narrowly approving the vaccine mandate for all health care workers at facilities that receive federal funding. [Audio link to full show follows this summary.]

The Omicron surge continues to rack up both record infections and hospitalizations. Death counts are now on the rise as well. Though there are hopeful signs that some parts of the U.S. may be peaking or plateauing, and that, in a few weeks, the surge may plunge as quickly as it initially spiked over the past few weeks. The advice this week from the Los Angeles County Health Director to hang on for just a few more weeks and avoid any non-essential public gatherings, particularly indoors with the unvaccinated or those at high risk of severe illness during that period, is likely good advice for everyone in the nation at this time.

That is especially true now that the non-medical experts at the U.S. Supreme Court seem dead set on preventing actual experts charged with protecting workers from helping to protect millions of them.

As Slate's ace legal journalist Mark Joseph Stern predicted on yesterday's BradCast, the packed Republican Supreme Court did, in fact, put a stay on President Biden's Occupational Safety and Health Administration (OSHA) mandate for workers at large companies with more than 100 employees to either get vaccinated or get tested weekly. The other case heard during emergency oral arguments last week, the Administration's Health and Human Services mandate for vaccination of all workers at health care facilities that accept Medicare or Medicaid funding, was narrowly allowed to remain. Chief Justice John Roberts and Brett Kavanaugh joined the Court's three liberals in a 5 to 4 opinion [PDF] on that one.

Today, we step through the absurdities of the Majority opinion from the Court's rightwingers on the stayed employer mandate [PDF], as well as the even more absurd --- but dangerously so --- Concurring opinion authored by Justice Gorsuch with Thomas and Alito, as well as the furious Dissent, jointly penned by Justices Breyer, Sotomayor and Kagan.

"Underlying everything else in this dispute is a single, simple question," the Dissenters wrote, 'Who decides how much protection, and of what kind, American workers need from COVID–19? An agency with expertise in workplace health and safety, acting as Congress and the President authorized? Or a court, lacking any knowledge of how to safeguard workplaces, and insulated from responsibility for any damage it causes?"

The stinging Minority dissent derides the non-expert Court Majority for being the ones to decide that the non-experts in Congress, as opposed to the experts at the Executive Branch agency charged by Congress via specific statue to protect workers, must make specific medical decisions through legislation for those workers. It is, of course, madness. Especially, as the Dissenters note, the Court's "Members are elected by, and accountable to, no one," whereas those at OSHA are not only experts, but "responsible to the President, and the President is responsible to—and can be held to account by—the American public."

Tune in for all the details. But the good-ish news for the moment is that only three of the Court's rightwingers were willing to sign on to the idea that statutes granting Executive Agencies the power to regulate things should be ignored when there is a "major question" at stake, as we discussed in some detail with Stern on Wednesday. But that good-ish news may not stand for long, as the Court will hear a case next month with even broader implications, as to whether the EPA, despite its statutory charge by Congress, is allowed to regulate pollution that is causing our climate emergency and much more. As we detailed yesterday, we are, in fact, watching the far-right "deconstruction of the Administrative state" before our very eyes.

Then, in what would, during normal times, be our lead story today, we quickly cover the arrest of Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia outfit, who, along with ten others in his group, were charged today "seditious conspiracy" for their part in the Trump-incited attack on the U.S. Capitol on January 6, 2021, as part of Donald Trump's plot to steal the 2020 election.

The federal charges are the most serious to date in relation to the January 6 attack and are precisely what our guest from several weeks ago, Marcy Wheeler of Emptywheel, told guest host Nicole Sandler was likely to soon happen, as the Dept. of Justice and Attorney General Merrick Garland continued a painstaking bottom-up probe. And yes, we did interview the Oath Keepers' Rhodes on this program back in 2016. Here is a link to that lively, if occasionally testy, interview.

And, in one more related matter on an absurdly busy show (restructured about five times before air today as news kept breaking!), GOP House Leader Kevin McCarthy, who recently told a reporter he "wouldn't hide from anything" when he asked if he was willing to speak to the bipartisan House Select Committee investigating January 6th, refused to cooperate with a voluntary invitation on Wednesday to speak with the Committee. In response to the news, Carl Bernstein (of Watergate's Woodward and Bernstein) told CNN on Wednesday night that the Committee already "has the goods" on McCarthy and what he said to Trump on Jan. 6 "and McCarthy has lied about it since."

"So, we have a real conspiracy, a real cover-up, real stonewalling in excess of anything we saw in Watergate," said Bernstein...who should know.

Finally, Desi Doyen joins us for our latest Green News Report, which is packed with even more news during the final few minutes of today's program...

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