On today's BradCast: Based on the FBI's unsealed warrant for their recent court-approved search at Mar-a-Lago, we now know that our disgraced former President is being criminally investigated by the Dept. of Justice for violation of at least three federal statutes. One of them --- the one which has arguably received the most headlines --- is the Espionage Act. But that very broad federal statute has been wildly misused by the government over the years to target free political speech and, in modern days, both whistleblowers and journalists. Today, we speak with national security whistleblower Edward Snowden's lead ACLU attorney in hopes of better understanding the controversial law, what's wrong with it, how it needs to be amended, and if it is now properly being applied against Donald Trump. [Audio link to full show follows this summary.]

First up, however, as primary elections are underway in New York, Florida and Oklahoma today (noteworthy results and problem reports for voters on our next 'BradCast'), we wanted to close a loop on a story we reported last week. Anti-abortion activists in Kansas had hoped for a statewide hand recount of the ballot measure for a state constitutional amendment that failed so thoroughly during their primary elections earlier this month. The measure, trounced by about 18 points, would have allowed state Republicans to ban abortion rights in Kansas. Activists vaguely claimed there was evidence of fraud and asked for a hand-count of 9 of the state's largest counties after failing to raise enough money to count the whole state. That hand-count was completed over the weekend and very few votes changed at all. The "Yes" campaign netted an additional 63 votes out of more than 556,000 tallied by hand in those counties.

We've got some thoughts on that hand count to share today, including a response to the Kansas Sec. of State who claims the hand-count "proves once and for all that there is no systemic election fraud in our state's election process" (it doesn't) and for Democrats who decry lawful, public hand-counts --- paid for by challengers, even if they are loony ones --- as undermining our election system. They don't. In fact, they add confidence to it. Tune in for more.

Next, on Monday night, the New York Times reported that Donald Trump stole at least 300 documents marked as classified, many of them said to be incredibly sensitive national security documents. (Contrast that with the total of 3 documents found to have been sent to Hillary Clinton via her private email address marked as classified, for which Trump and his supporters railed to "LOCK HER UP!" for so many years.) All told, it took a year and a half to get those stolen documents back, after a year of negotiation and pleading by the National Archives, a grand jury subpoena from the DoJ, a personal visit to Mar-a-Lago by its top counter-espionage official, and, ultimately, the FBI search earlier this month.

Throughout that time, the paper reports, "Trump went through the boxes himself in late 2021," before failing to turn them all in and, even now, it is unknown if all of the stolen documents have yet been returned. Whether marked as classified or not --- and whether Trump declassified them or not (he didn't) --- it was still illegal for Trump to have any of them in his possession.

The federal search warrant revealed that he is being investigated for, among other things, violation of the Espionage Act. Writing last week at Politico, the Knight First Amendment Institute's Jameel Jaffer, formerly of the ACLU, argued that the Act has been abused over the years in its application against whistleblowers and journalists, such as Chelsea Manning (who released classified documents revealing war crimes by the U.S. Military), Reality Winner (who released a classified document revealing Russia's 2016 breach of U.S. voter registration systems) and, more recently, WikiLeak's Julian Assange.

But, Jaffer writes, while the overly-broad law desperately needs to be amended or even scrapped entirely, its use against Trump appears to be perfectly appropriate.

We're joined today by BEN WIZNER of the ACLU's Speech, Privacy, and Technology Project. Wizner serves as the principal legal advisor for Edward Snowden, the national security whistleblower who, charged with Espionage Act crimes, is currently living in Russia to avoid prosecution.

Wizner explains the many problems with the more than 100-year old law as it was originally used --- before being somewhat amended decades later --- to prosecute thousands of Americans for legitimate political speech. "In fact, the abuses of the Espionage Act at the outset really had something to do with the formation of the American Civil Liberties Union in 1920," he tells me. "It was used by Woodrow Wilson's administration to go after pacifists and anti-war activists, labor activists. Eugene Debs was prosecuted and imprisoned under the Espionage Act. So in its early years, it really is associated with all of the excesses of the first Red Scare and the crackdown on dissent, and immigrants and other radicals." (Debs ultimately ran for President from his prison cell, as Trump may now wish to take note.)

"In it's modern history, the core critique of the Espionage Act has been that it doesn't distinguish between selling the country's secrets to a foreign adversary for personal gain and sharing those same secrets with respected journalists in the public interest," Wizner explains. "In the Snowden case, you have somebody who shared information with news organizations. Those news organizations won the highest awards in journalism, a public interest Pulitzer Prize [based on documents from Snowden.]

But the most egregious part of the Espionage Act, as Wizner notes regarding Snowden's case and his exile abroad: "He's not able to argue, if he's brought to court under this law, that he was acting in the public interest, [and] that in fact the law [was] changed as a result of his actions. All of that would be irrelevant and inadmissible under an Espionage Act prosecution."

In other words, Snowden would be disallowed from even offering a defense for what he did. "The first person ever prosecuted under the Espionage Act for leaks to the press in the public interest, rather than trying to provide secrets to a foreign entity was, of course, the Pentagon Papers whistleblower, Daniel Ellsberg, in 1971," Wizner reminds us. (We discussed Snowden's case with Ellsberg on the show back in 2013. Audio and transcript here.)

There is much more to discuss about this bad law and the need to amend it, as several lawmakers from both major parties have long been trying to do. Tune in for that.

As to whether Wizner agrees with his former ACLU colleague, Jaffer, regarding the Espionage Act's correct application against Trump? While he argues "there's no good justification for what Trump did here," Wizner says he is keeping powder dry" regarding Trump's alleged Espionage Act violations. "I am very open to the possibility that when we find out why they cited that statute, I will be a full-throated advocate of what they did in this case. I'm just saying I don't have the information yet to be that full-throated advocate...It matters what those documents were. The fact that they were marked classified is a key fact. I still want to know what was in them."

"I believe Jameel Jaffer is correct that the concerns that the ACLU and other have raised about the Espionage Act are not implicated here," Wizner tells me. "We've been saying you shouldn't equate two different categories --- spies and whistleblowers. What we have here is a third category."

Finally, after some breaking news on President Biden reportedly deciding to forgive up to $10,000 in student loans for some federal borrowers, and Desi Doyen's explanation of how Democrats may have quietly and ingeniously outsmarted both Republicans and their stolen U.S. Supreme Court majority by declaring carbon dioxide and other greenhouse gasses to be "pollutants" in their recently passed Inflation Reduction Act, she joins us for our latest Green News Report, as the summer of extreme extreme weather continues...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Years ago, the month of August was considered the slowest news month of the year. Those years are obviously over. [Audio link to full show follows this summary.]

Among the stories covered on today's BradCast...

• There are some huge economic advantages on the horizon for large companies who transition their fleets to all-electric vehicles, including 18-wheelers. A writer at Torque News recently broke down the "staggering economics" in "fuel" savings for a 200-mile trip in the coming-very-soon Tesla Semi. The calculation finds, the costs for such a trip would plummet from about $170 now to just $28 in an all-electric semi-truck, an 83% reduction! (Not to mention the savings in lower maintenance costs "due to no engine and oil changes" and, yes, most critically, savings for the planet in huge cuts to carbon emissions amid our worsening climate crisis!)

• And speaking of climate emergencies...A new federal study out today from the Dept. of Energy largely confirms several recent independent analyses finding the Democrats' newly-signed Inflation Reduction Act --- which invests nearly $400 billion to move the nation from dirty, deadly fossil fuels to clean, renewable energy --- will cut greenhouse gas emissions causing climate change by about 40% by 2030. It will remove more than one billion tons of heat-trapping gasses, including cutting 35 tons for every one that it adds, according to the study. As we discuss, while there are valid criticisms of the law as passed with several giveaways to the fossil fuel industry in order to win Joe Manchin's vote. But ya gotta start somewhere. And this is a very good start. Want even more climate action? (We do!) Then elect more Democrats to Congress this year, since the IRA passed with the barest of Democratic majorities in both chambers of Congress without the support of one single Republican --- a party which still, in 2022, describes climate change as "a hoax"!

• And speaking of denial...On Tuesday in Wyoming, GOP voters elected a Trump-backed 2020 election denier to become the state's next chief election official. Because no Democrat ran for the job, it means the winner on Tuesday, Chuck Gray, will become WY's next Secretary of State. Of course, it's a very Republican state (Trump won 70% of the vote in 2020), but there are now 2020 election deniers running to become chief state election officials in five battlegrounds states: Mark Finchem (Arizona); Kristina Karamo (Michigan); Kim Crockett (Minnesota); Jim Marchant (Nevada); Audrey Trujillo (New Mexico). While the 2022 election will be about a lot of things, it will likely prove to be about the 2024 election --- and the survival of American democracy --- as much as anything else.

• And, speaking of even more election deniers...One GOP 2020 election denier who won't be a Republican Party nominee for Secretary of State this year is Tina Peters. She is the Mesa County, Colorado Clerk who has been indicted on 7 felonies and 3 misdemeanors related to making unlawful copies of her county's sensitive Election Management System Software in the middle of the night, and allowing it to be released to the public to make hacking future elections easier. Last month, Peters ran for the GOP nomination to become Colorado Sec. of State. She lost. By a lot. Nonetheless, she raised $250,000 for a statewide recount and...lost again. She gained just 13 votes in the re-tally out of the 90,000 votes needed to defeat the GOP's nominee, Pam Anderson. (Anderson will run against incumbent Democratic Sec. of State Jena Griswold in November.) But Colorado does statewide recounts by employing the same computers to re-tally hand-marked paper ballots that tallied them (either correctly or incorrectly) in the first place, rather than hand-counting them. While Peters is a duped rightwing loon, even duped rightwing loons deserve to know for certain if they won or lost an election. If candidates are willing to follow the law and raise the money to pay for a hand-count, they should be allowed to have one. Such counts will help, not hurt, to regain confidence in our electoral system after it has been so grievously harmed by the lies of Donald Trump and his party.

• And speaking of hand-recounts...A group of anti-choice activists in Kansas this week had sought a statewide hand-count of the ballot initiative this month that would have rewritten the state Constitutional to allow Republicans to ban abortion rights. The measure failed by a stunning 165,000 votes (18 points), according to computer tallies. But the activists failed to raise the $229,000 needed for a full, statewide count, so they are settling for hand-counts in just nine counties. If supporters of the failed referendum want to spend their money on a hand-count to make sure it really really failed, that's perfectly fine by us, and likely to prove a good thing for our faltering democracy after Trump and his party have worked so hard to undermine confidence in it.

• And speaking of confidence-men...The Trump Organization's longtime Chief Financial Officer, Allen Weisselberg, pleaded guilty in state court on Thursday to all 15 criminal counts related to tax fraud that he was charged with last year, along with the Trump Organization itself, by the Manhattan District Attorney's office. Weisselberg will not be cooperating with prosecutors in their criminal investigation of Trump himself. But he has agreed, as part of his plea deal, to testify truthfully for the prosecution in the company's upcoming fraud trial in October. If he does so, the 75-year old will then be sentenced to just 5 months in Rikers Island, will have to pay nearly $2 million in taxes, penalties and interest, and face five years of probation. He remains an employee of the Trump Organization even after being indicted and even after pleading guilty to all charges.

• And speaking of attempts at accountability for the disgraced former President...A federal magistrate judge in Florida --- the same one who signed the FBI's warrant for a search at Mar-a-Lago last week finding "probable cause" that Trump violated the Espionage Act and several other federal statutes --- is considering the release of a redacted version of the affidavit the Dept. of Justice submitted to obtain the warrant. The DoJ strongly objects to its release, even with redactions. Nonetheless, the Judge ordered the Department to submit a redacted version of the affidavit by next week and said during his bench order that he will consider its release in a "careful process".

• Finally...Desi Doyen joins us for our latest Green News Report following President Biden's signing of the largest single investment to take on the climate crisis by any nation. The historic bill was followed by Massachusetts' Governor signing a sweeping new climate and energy law this week. Both new laws can't have come soon enough, as several other stories Desi covers today, regarding unprecedented water worries in the U.S. West, make abundantly clear...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Look at the faces in that photo. Those are the faces of people grappling to understand a profound truth that they simply had no idea about prior to Tuesday night. Those faces should serve as inspiration for every Democrat and/or progressive on the ballot in every race in all 50 states between today and November 8. And as a warning for every Republican.

On today's BradCast, selective, noteworthy, curated results --- or what is known about them, unofficial, incomplete or otherwise --- from Tuesday's primary elections in six states, Arizona, Kansas, Michigan, Missouri, Washington and Ohio. (And several problems for voters in Pinal County, AZ.) [Audio link to full show is posted below this summary.]

Of course, the biggest news from Tuesday, hands down, was the stunning landslide rejection of a state constitutional amendment in Kansas that would have allowed the state's Republicans to restrict and/or ban abortion rights. (That's what the folks in that photo were just learning about.) It was the first statewide vote on the matter anywhere in the nation since the newly extremist, far-right, radical, activist, corrupt, Republican U.S. Supreme Court majority overturned 50-years of Constitutionally protected rights and freedoms by striking down 1973's Roe v. Wade decision.

Even in the theoretically "conservative" state of KS, voters soundly rejected that proposed Amendment with their "NO" votes by a stunning 18 points over "YES" as of airtime. The "NO" vote did well in large and small, rural and urban, Democratic and Republican counties alike. Turnout, thanks to this measure --- in a midterm primary where Republicans assumed few would notice --- was enormous and at levels normally seen in Presidential primaries or even mid-term general elections in the recent past.

The question now is whether Democrats will finally have the confidence and courage to run on this issue, following the overturning of Roe in June, in every state in the country and for virtually every office on the ballot from Governor to Attorney General to District Attorney to County Sheriff to state Judge to state Supreme Court Justice. And, whether Democrats will be able to capitalize on Josh Marshall's "Roe and Reform" campaign that he's been pushing hard at Talking Points Memo, calling for a very specific promise to voters from Democrats on the federal level: Let us hold our House majority and give us two more seats in the Senate and we vow, come January 2023, to reform the Senate filibuster to codify the protections of Roe into federal law, guaranteeing privacy rights and reproductive freedom in all 50 states.

Nothing short of that very specific "You give us that, we'll give you this" promise will do, as Josh has smartly been explaining for weeks now. We have long argued ourselves that candidates must give voters something very clear and specific to vote for. When they do, as proven on Tuesday in Kansas --- where the stakes were crystal clear, and voters knew exactly what they would get from their one single vote --- they will respond in large numbers.

Of course, all of this also further underscores the argument I've been making for months that Democrats and progressives must ignore the "conventional wisdom" from so-called political professionals about the historical odds of impending doom this November. These are decidedly UNconventional times, proven once again in KS yesterday.

Beyond that very encouraging news on Tuesday, there was still more good news in both the Secretary of State and Attorney General races in KS; Somewhat disappointing news in the MO race to fill the U.S. Senate seat being vacated by retiring Republican Sen. Roy Blunt; Potentially concerning news out of MI's Republican gubernatorial contest, where a well funded, Trump-backed loon will run against the state's popular Democratic Governor; And wildly troubling news out of AZ on the Republican side in the contests for the Gubernatorial and Sec. of State nominations, in what could turn out to be two of the most critical races in the nation this November.

All of that and many other races covered and explained, with context, on today's busy show.

Finally, we close with some tragic news on the death this afternoon of Indiana's 58-year old Republican Congresswoman Jackie Walorski and two of her young staffers in an automobile accident. And, some pleasant thoughts following the passing on Tuesday night of Hall of Fame broadcasting legend Vin Scully at age 94. He served as the inimitable and nationally recognized voice of Dodger baseball --- in both Brooklyn and Los Angeles --- for 67 incomparable years...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

In our opinion, on today's BradCast, the scaled back, surprise "Build Back Better" spending bill compromise (now renamed the "Inflation Reduction Act" to help win over West Virginia's rightwing Democratic Senator) comes not a moment too soon. And, even "scaled back", it's still chocked full of so much stuff that if each of its provisions were passed in separate bills over the past 18 months, we'd likely be discussing Joe Biden as having one of the most successful first two years of any President in history. That said, the bill has not yet been passed, and it could still be a very bumpy ride in the coming days to see it through to the President's signature. [Audio link to full show is posted below this summary.]

Before we get to that today --- and some callers on same --- a few other headlines covered on today's show...

• Minutes before airtime, news broke that the U.S. killed Al-Qaeda leader Ayman Al-Zawahiri in Afghanistan over the weekend in a successful drone strike, in which no civilians are said to have been killed. President Biden was to give remarks about what happened on Monday evening.

• Speaking of Biden, he tested positive for COVID again over the weekend, in what White House officials are describing as a "rare rebound" case after finishing his 5-day course of the anti-viral drug called Paxlovid. Well, it can't be ALL that rare, because last week, when the White House announced Biden had tested negative and was cleared to leave isolation, we warned about the possibility of such a rebound, as many Paxlovid users have experienced same. The Pfizer drug has very good results at preventing serious cases and hospitalization, but many patients have experienced a second --- non-fatal --- COVID infection shortly after using it. That is, apparently, the case with Biden. His White House doctor says he has few if any symptoms and will likely be fine, despite needing to isolate again.

• Deadly flash flooding continues in parts of Kentucky today, and warnings for more of the same have been issued for the next several days from Tennessee to Kentucky to West Virginia to Virginia and North Carolina. 37 have so far been confirmed to have died from the horrific flooding in Eastern Kentucky. Governor Andy Beshear believes that toll will continue to rise, as hundreds are still unaccounted for in a number of Appalachian mountain towns after recent, and ongoing, deluges. That, as our climate emergency continues with record heat predicted again this week from the Dakotas to the East Coast.

• On Tuesday, voters will head to the polls in six states: Ohio, Arizona, Kansas, Michigan, Missouri and Washington state for primary elections. And there are a lot of 2020 election deniers (and worse) on the GOP ballots. We quickly preview just a few of those insane races today and will have noteworthy reported results, of course, on Wednesday's program.

Then, it's on to the so-called Inflation Reduction Act --- a scaled down version of the Build Back Better Act that Democratic Senators Joe Manchin and Kyrsten Sinema killed last year. If successfully adopted this time, it would increase federal revenue by some $750 billion over the next ten years, allowing for some $450 billion in spending on a bunch of several long-overdue programs. Most of them have been progressive priorities for years.

Only Democrats in the U.S. Senate will be needed to pass it under Senate reconciliation rules, but all 50 will have to be there (not out with COVID) and vote yes. Sinema has yet to comment on the measure, even as Manchin has been taking to media over the weekend to try and sell her on it.

If passed, the 725-page measure [PDF] will: Allow Medicare to negotiate with pharmaceutical companies for lower drug prices; Cap out-of-pocket spending on prescription drugs for seniors at $2,000 per year; Expand federal subsidies for premiums for individuals who purchase health insurance on the federal Affordable Care Act (Obamacare) exchanges; Set a minimum 15% tax for corporations who make more than $1 billion in profits per year; Increase policing of tax cheats; and, perhaps most critically, invest some $369 billion in climate and energy projects to cut deadly greenhouse gas emissions by 40% by 2030 through investments that hasten the nation's move from dirty fossil fuels to clean, renewable energy.

What the bill won't do is raise taxes on anyone making less than $400,000 a year, as Biden has long promised. That, despite blatant lies from Republicans such as Senate Majority Whip John Cornyn (R-TX) who, when announcing he tested positive for COVID today, lied about the bill, declaring on Twitter that he will "continue to fight Chuck Schumer and Joe Manchin's massive tax increase on working families." That is a lie. There is no "massive tax increase on working families" in the bill. Republicans hope you are dumb enough to be duped to the contrary.

In order to win over Manchin, whose family and campaign have long been propped up by fossil fuel interests, the bill does mandate oil and gas lease sales on federal lands be auctioned off in exchange for the approval of on- and off-shore wind and solar projects. Even there, however, oil and gas companies will be required to pay higher royalties on whatever they extract, and will be fined for failing to prevent methane leaks that exacerbate global warming. So, yeah. Art of the compromise. But, according to most climate experts we've read, heard from or spoken with, it's a compromise well worth taking..and comes not a moment too soon, as our climate emergency worsens by the day.

We've got much more on all of the above on today's show, and we open up the phone lines to callers to get some of their thoughts on the "Inflation Reduction Act" as the world melts down, and the 2022 primary general election is now less than 100 days away...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

It was a very hot BradCast today --- in most every way you might imagine. [Audio link to full show follows this summary.]

This week, a billion or so in China are suffering under record extreme heat and humidity. The death toll from relentless record heat, drought and wildfires in Portugal and Spain has now topped 1,000, as the heat spreads to France and the rest of Europe where Ireland and the U.K. are likely to see triple digit temperatures and a red flag extreme heat advisory for the first time.

Here in the states, as AccuWeather reports, sweltering highs approaching 110 degrees Fahrenheit will continue as temperatures "reach their highest levels of the year so far from Rapid City, South Dakota, to Wichita, Kansas, as well as Oklahoma City and Dallas" and everywhere in between. Electric grids, particular in Texas, are under extraordinary stress (the power went out during a Houston TV station's live weather forecast, as they warned of possible power outages) with little immediate relief in sight.

Apocalyptic conditions are now being experienced across the globe thanks to a climate crisis caused by the burning of fossil fuels. That, even as the corrupt, U.S. Supreme Court at the end of last month made up a pretend "doctrine" (the "major questions doctrine", found nowhere in the Constitution or American case law) to bar the EPA from regulating carbon emissions, as mandated by federal statute in the Clean Air Act.

At the same time, corrupt, fossil fuel industry-funded "Democratic" Senator Joe Manchin continues to undermine any and all environmental initiatives agreed to by every Democrat in the U.S. House and all but him (and, to a slightly lesser extent, corrupt AZ Democratic Sen. Kirsten Sinema) in the Senate, designed to curb deadly greenhouse gas emissions.

In short, as Sen. Bernie Sanders made clear over the weekend, Manchin --- whose family literally makes millions from the coal industry, and whose campaign takes in millions from the fossil fuel industry --- "has sabotaged the President's agenda" as our existential climate crisis quickly worsens.

Manchin and all 50 Republican Senators in the upper chamber and every single Republican in the U.S. House continue to prevent Democrats from all efforts designed to save humanity. But, somehow, to some on the Left, it is the fault of Democrats?! And it is Democrats who may be voted out of their majorities in both chambers this November? Really?! What gives?

We open the phones today to some of those very questions, as there are a whole bunch of folks calling themselves progressives out there who are, somehow, blaming Democrats for this mess and many others. We try to have a conversation with a few listeners about that. Tune in to today's lively BradCast to see how it goes!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On Friday, U.S. District Court Judge Robert L. Pitman is scheduled to hear oral arguments on Texas' new anti-abortion law, S.B. 8 in the federal government's Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [PDF]. He is likely to rule in favor of the federal government.

If granted, the ruling by Judge Pitman, an Obama appointee, would temporarily prevent enforcement of the new Texas statute banning pre-viability abortions performed on or after 6 weeks of pregnancy, before many women even know they are pregnant. That preliminary injunction would, for now, restore the status quo ante --- the state of the law in Texas prior to Sept. 1, 2021, when S.B. 8 first went into effect.

Unless overturned on appeal, the preliminary injunction would then remain in effect pending a final decision on the legal issues raised by the U.S. Department of Justice (DOJ) in the federal Complaint it filed in United States v. Texas.

The issuance of a temporary injunction by Judge Pitman would not be inconsistent with the U.S. Supreme Court's recent 5-4 rejection of a private medical provider's similar request for an injunction in Whole Woman's Health v. Jackson, the initial federal challenge to the Lone Star State's new law.

As the DOJ argues in its filing, no one, not even Texas, contends that S.B. 8's pre-viability abortion ban --- one that also contains no exception for unwanted pregnancies due to rape or incest --- is Constitutional under existing federal law. To the contrary, even in the first case, Whole Women's Health, the right-wing Supreme Court majority conceded the medical provider plaintiff "raised serious questions regarding the constitutionality of the Texas law at issue".

The core problem which prevented the issuance of an injunction in the initial case arose from "uncertainties" both as to federal court jurisdiction and whether any of the named defendants in that case could lawfully be the subject of a federal court injunction.

Those "uncertainties" arose because S.B. 8 was specifically designed to prevent challenges to its constitutionality in federal courts. The statute was crafted to prevent the Executive Branch of state government from enforcing the 6-week abortion ban. Instead, according to the DOJ's Complaint, S.B. 8 "deputized ordinary citizens to serve as bounty hunters who are statutorily authorized to recover $10,000 per claim from individuals who facilitate a woman's exercise of her constitutional rights."

In Whole Woman's Health, a legal concept known as State sovereign immunity prevented the plaintiff from naming Texas as a defendant. Because the statute prevents enforcement of the Act by members of the state's Executive Branch, the private medical provider was unable to seek an injunction against anyone working for that branch of the Lone Star State. There's legal uncertainty as to whether the State court judge, who was a named defendant in the case, could be enjoined by a federal court. The only potential private "bounty hunter" named in the medical provider's complaint filed an affidavit with the U.S. Supreme Court, asserting he had no present intent to file an S.B. 8 enforcement lawsuit.

The Supreme Court's "shadow docket" majority decision held that those "uncertainties" warranted a denial of the private medical provider's request for injunctive relief in Whole Women's Health. However, that same majority expressly noted their decision "in no way limits other procedurally proper challenges to the Texas law."

Texas cannot assert sovereign immunity when it is directly sued by the federal government in a case that alleges a State enactment violates the sovereignty of the United States. Thus, the DOJ's case, United States v. Texas, is a "procedurally proper" challenge...

We've got mostly democracy-related stories to report on today's BradCast. Some good news, and some bad. But there's a whole bunch of anti-democracy GOP fraud throughout, because what democracy story in the U.S. these days doesn't include Republican fraud and/or attempted voter suppression? [Audio link to full show is posted below summary.]

Among the stories covered on today's show...

• We start with one story that has little to do with democracy, though it should be enough to ensure these two idiot Governors are never elected to anything ever again. In case you are unclear just how idiotic the Governors of Texas and Mississippi are, after they lifted all COVID restrictions in each state this week in hopes that folks won't notice how horrifically they failed their own constituents following the winter storm there three weeks ago, Axios reports today that, while COVID infections rates are still falling in most states, the rate in Texas is up 27 percent over the past week and Mississippi's is up a nation-leading 62 percent! Luckily, both states are islands, so the idiocy of their Republican Governors won't effect everyone else's efforts to get beyond this pandemic once and for all, right?

• House Democrats, as expected, passed H.R.1 --- the "For the People Act" --- on Wednesday night with zero Republican votes. The massive, landmark, once-in-a-generation voting rights, campaign finance reform and ethics reform bill now moves to the Senate. In that undemocratic body, however, where a simple majority is NOT enough to pass a democracy reform bill as of now, it will likely die, unless enough pressure is applied on Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona to do the right thing, reform the filibuster, and allow this critical (if imperfect) measure to pass while Democrats have a brief opportunity right now to do so. The measure is long overdue and, according to new polling, wildly popular with the American people of all parties. 68% of likely voters favor the bill, and even a majority of Republicans (57%), back it as well.

• The sad (and dangerous) Trump/GOP effort to con Americans into believing last November's election was stolen from the disgraced former President --- despite all evidence to the contrary --- continues.  And the massive evidence to the contrary continues to mount. This week, Michigan's Secretary of State announced that the results of a second statewide post-election audit once again confirms the initially reported results. "All of Michigan's more than 250 election audits are now complete, and each and every one of them affirmed the integrity of the November election and the accuracy of the results," Sec. of State Jocelyn Benson said on Thursday. The audits were carried out by "More than 1,300 Republican, Democratic, and non-partisan election clerks...working across the aisle to review one another's procedures, ballots and machines in coordination with the state Bureau of Elections." Full hand-counts were carried out in some places, such as Antrim County, where Republicans pretended that Dominion Voting Systems machines were used to try and steal the election from Trump.  And, in heavily populated cities like Detroit, election officials determined that, of 174,000 absentee ballots tallied in the city, only 17 votes were ultimately "out of balance" (where the number of ballots cast in a precinct differed from the number of envelopes or signatures accounted for.)

• But the most embarrassing state GOP idiocy of the week may belong to the Republican-controlled state Senate in Arizona. After months of subpoenas to elections officials, ordering them to turn over all 2.1 million ballots cast in Maricopa County (Phoenix) last year --- and even coming within one vote of throwing elections officials there in jail for following state law by securely retaining custody of the ballots cast in the County last November --- a state judge finally ordered Maricopa officials to obey the subpoena to deliver all ballots to the Senate, so they could count them themselves. They were all delivered, 73 pallets of them, this week. And guess what? Senate Republicans have no idea what to do with them now.  The story is even worse than it sounds, as we discuss today.

• But at least officials in Kansas were finally able to find some voter fraud. Specifically, voter fraud by now-former Republican U.S. House Rep. Steve Watkins of Topeka. The one-term Congressman was defeated last year. But not before he lied about his residence, using the address of a UPS store on his voter registration, voted in an election he was not entitled to vote in, and then lied to state investigators about it all.  He was charged with three felonies related to voting. This week, however --- because, luckily, he is a white, male Republican from Kansas --- prosecutors are allowing him to enter a diversion agreement that delays his trial for six months, and drops the charges entirely if he's a good boy through September. We compare his treatment to that of Crystal Mason, an African-American mother of three in Texas, who, unlike the Kansas Congressman, had no idea she was violating the law when she cast a provisional ballot that was never counted in the 2016 election. She received a sentence of five years in prison for her "crime".

• Finally, we're joined by Desi Doyen for our latest Green News Report, as climate change has resulted in the weakest Gulf Stream in about 1,000 years; carbon emissions are rising again as COVID restrictions are loosened; Joe Biden raises U.S. targets under the Paris Climate Agreement; and another major carmaker announces plans to stop selling all gas burning, internal combustion engine vehicles in their line in very very short order...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

As their first official bills in each chamber of Congress --- H.R.1 in the House and S.1 in the Senate --- Democrats are proposing a remarkably ambitious election, campaign and ethics reform measure which would go a long way towards enhancing our system of democracy. At least one important rewrite is needed, however, in order to close a loophole in its mandate regarding hand-marked paper ballots.

H.R.1 or the For The People Act of 2021, was introduced by Rep. John Sarbanes (D-MD) with hundreds of Democratic co-sponsors on January 4. It is supported by both Democratic House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer.

With the exception of partisan gerrymandering as applied to State legislative offices --- which is out of the hands of federal lawmakers --- the bill would, for all intents and purposes, outlaw a wide array of voter suppression, intimidation and deceptive practices that have, for decades, been used to undermine American democracy.

The massive bill, clocking in at nearly 800 pages, also includes Congressional ethics reforms and other important measures, but we focus here on the statute's provisions to help outlaw suppressive measures and improve election security, transparency and the verifiability of results.

As presently written, the measure appears to mandate the use of "voter verified permanent paper ballots" in all federal elections. That aspect, however, must be improved with minor, but very important revisions to mandate the availability of hand-marked paper ballots --- the only type that can be known to be "voter verifiable" --- for all voters at the polling place for both early and Election Day voting.

H.R.1 also includes provisions for either hand-counting of paper ballots or the use of optical scanning computers accompanied by Risk Limiting Audits. It includes mechanisms to fund those post-election activities.

The bill provides for minimum periods during which States must make early voting available in federal elections and promotes, streamlines and secures mail-in voting. It tightens ethical standards and also takes a stab at reducing the role of dark money in campaigns, while prohibiting the presence of foreign money and interference in our elections. This includes a mandate that TV, radio and online platforms "make reasonable efforts to ensure that [election-related] communications...are not purchased by a foreign national".

The real question isn't whether H.R.1, if appropriately amended, should become law. The question is whether a sufficient number of Senators are willing and able to do what is necessary to ensure it becomes law...

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: The media are still falling for it. Happily, the American people (at least those who aren't fully brain-poisoned) don't seem to be playing that game anymore. [Audio link to full show follows below.]

Among the stories covered on today's show...

• The corporate mainstream media now know how they are being played by Trump, but they keep playing along anyway. We open with a short (or maybe not that short) rant about how to avoid being gaslighted by this President and his enablers, including his lying personal White House physician, the bought and paid for sycophants and psychopaths who work for the government or for his political party and lie on his behalf, and his brain-addled supporters who support his lies, even when he pretends to support things they all spent years previously pretending to oppose. And, of course, the media who still make all of those lies possible. Both Charlie Chaplin and off-shore oil-drilling make their way into this rant. You'll need to tune in to find out why;

• Facebook finally bothers to take down at least one lie posted by the President regarding COVID-19 and the flu, as scientists and infectious disease experts fume about Trump's dangerous lies regarding that and his own precarious physical (and mental?) health amid his infection and dubious treatment for it;

• In some brighter new, new polling finds Trump is receiving no "sympathy bounce" from his illness, as Americans have absolutely no confidence in his handling of the pandemic and believe he has only himself to blame for becoming sick;

• New national polling following Trump's embarrassing performance in last week's off-the-rails Presidential debate (yes, that was only last week!) is beginning to look devastating for his reelection odds. A potential outlier of a poll published by NBC News and Wall Street Journal over the weekend finding a 14-point lead for Joe Biden among registered voters (53% to 39% over Trump) appears not to have been an outlier at all. New polling from CNN today of likely voters (which should theoretically find a small margin between the two candidates), finds the former Vice President ahead of Trump by an extraordinary 16 points (57% to 41%). Of course, those are national numbers and we do not run national elections in this country. But Biden is currently leading or tied by similar, if smaller, margins in pretty much all of the swing-states now, and even in a number of states not previously regarded as swing-states;

• Trump's disastrous polling numbers also appear to bringing down his party's candidates in all sorts of areas of the country. Daily Kos Elections today shifted their ratings for 10 different House and Senate races all towards the Democrats. We focus today on two, specifically: The U.S. Senate race in Kansas (Kansas!) where former moderate Republican state Senator Barbara Bollier is giving her Republican opponent, Rep. Roger Marshall, a run for his money (and for the money the GOP would rather be spending elsewhere) in the contest for that state's open U.S. Senate seat this year. DKos Elections has now moved that race from "Likely R" to "Lean R". And in South Carolina (South Carolina!), where recent polling appears to now show a toss-up between disgraced three-term Republican Trump sycophant Sen. Lindsey Graham and his Democratic challenger Jaime Harrison. It's another race where Republicans are being forced to spend huge sums of money, while still being outspent by Harrison and his supporters. That race has also been conservatively shifted by dKos from "Likely R" to "Lean R", though it sure looks like Graham could be in real trouble....if voters in SC are allowed to vote...;

• It is, in no small part, because of that trouble for Graham in SC that Republicans had to go all the way to their stolen U.S. Supreme Court to overturn lower court rulings that had waived witness requirements for mail-in ballots, due to the pandemic. State lawmakers had waived the requirement themselves for the state's primaries earlier this year, but re-imposed it for the general election for some reason, now that the pandemic is even worse. The lower courts ordered it waived again for public safety reasons, but SCOTUS, on Monday night, reimposed it, claiming it was too close to an election to change the rules. (That is the so-called "Purcell Principle" which we explain again on today's show. You may be hearing that doctrine cited quite a bit in the coming days.) That, even though many voters may have already sent in ballots without witness signatures as previously allowed by the lower courts. While the Supremes allowed (only) two days from yesterday's ruling for witness-free ballots to arrive by mail and still be counted, three of the Court's rightwing Justices (Thomas, Scalia and Gorsuch) went on record to say that if it was up to them, they would have tossed out all of those already-voted ballots entirely;

• Finally today, Desi Doyen joins us for our latest Green News Report, with some disturbing news about yet another monster hurricane heading toward Louisiana (the fourth storm this year to make landfall there, if it does, in an already record year); grim news about California's wildfires; but some great news out of Poland and some very cool news from European airplane manufacturer Airbus!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Today's BradCast, I suspect, largely speaks for itself. [Audio link to full show is below.]

Among the news covered on today's program...

• Steve Bannon, Donald Trump's third 2016 campaign chief and former CEO of the rightwing propaganda outlet Brietbart, becomes the third to be arrested and charged with crimes. He now faces federal felony fraud charges for stealing $1 million from a supposedly non-profit donor-driven wingnut effort that raised $25 million to build fencing on the U.S. southern border. We're happy to see yet another Trump-enabled con-man and grifter held accountable, but it comes with a warning about what this likely means for other federal indictments that could drop in the coming days ahead of the November 3rd election;

• After receiving a very generous mulligan from the Republicans' stolen U.S. Supreme Court last month --- allowing his attorneys another bite at the apple in making their ridiculous case that the President of the United States is above the law in every way --- Trump's lawyers lose yet again, as a lower federal court judge rules for a second time that Trump's accounting firm, Mazars USA, must turn over his tax returns and other financial documents to the Manhattan District Attorney investigating the President on state fraud charges;

• Our quick review of the masterfully crafted and performed Day 3 of the DNC's virtual Democratic National Convention, including the historic nomination and perfectly delivered acceptance speech by official Vice Presidential candidate Kamala Harris, and...;

• An extended excerpt of former President Barack Obama's speech for the ages, unlike any he's ever delivered, with a stern and clarion call to all Americans to rise up now by casting our votes to save democracy and the republic itself...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: It was a big day for progressives on Tuesday in a number of state primaries held in Missouri, Michigan, Arizona, Washington state and Kansas. [Audio link to show is posted below summary.]

Surprisingly, among the biggest victories for progressives, believe it or not, came in the otherwise "red" state of Missouri, where voters adopted a statewide ballot measure to finally expand Medicaid under the Affordable Care Act (Obamacare) to more than 200,000 residents. The state's GOP-majority legislature had immorally blocked that expansion of health care to the Show-Me state's neediest residents for the past decade. MO now becomes the 6th GOP-controlled state to expand Medicaid via voter referendum.

But that was hardly the only big win for progressives in my old home state on Tuesday, as longtime progressive Ferguson and Black Lives Matter activist Cori Bush defeated 10-term U.S. Congressman William Lacy Clay for the Democratic nomination. Clay, with his father before him, had controlled the state's 1st Congressional District seat since 1969! With her apparent win on Tuesday in a very Democratic district that reaches from the City of St. Louis out through the sprawling St. Louis County, Bush --- a single mother of two children --- is now all but certain to become the first African-American woman sent to the U.S. House from Missouri.

We're joined today by HOWIE KLEIN, founder of the longtime progressive blog "Down with Tyranny!" and co-founder of the BlueAmericaPAC, which raises money to support progressive Democratic candidates for Congress. Klein walks us through both wins and losses for progressives from all five states on Tuesday, and what they are likely to mean going forward, with still more statewide primaries to go in the weeks ahead of our critical general elections on November 3rd.

He explains, among many other things, why Bush, who lost to Clay (who Klein describes as "corrupt") by 20 points in 2018, appears to have been victorious on Tuesday, when the Medicaid expansion measure also won. "The reason that this won was because of a huge turnout in St. Louis County and St. Louis City," he tells me. "One of the reasons why that turnout was so big was because of Cori Bush being on the ballot. Now, you could also say that one of the reasons that she won was because the turnout for expanding Medicaid was so big. Both are true. By her putting up such a vigorous campaign, campaigning on expanding health care, that's where the votes came from."

"That it was her second time running and she had the name recognition," was also a major factor, he says. "I can't emphasize that enough. It's very, very tough --- not impossible --- but very tough to win a primary the first time you go up against an entrenched incumbent. Because Cori was strong, a powerful woman who wasn't going to give up after being defeated by a lot the first time, she already had name recognition. She was able to build on that to win the second time. I think that's the most important aspect of her winning." He adds that he believes she'll become the fifth member of "The Squad" in Congress, along with NY's Rep. Alexandria Ocasio-Cortez, MN's Rep. Ilhan Omar, MA's Rep. Ayanna Pressley and MI's Rep. Rashida Tlaib, who also appears to have easily won her re-nomination on Tuesday. "She's going to get to Congress," says Klein. "She's gonna kick ass."

We also discuss much more today, including what the predictable loss of disgraced former Kansas Secretary of State and GOP "voter fraud" fraudster Kris Kobach in that state's GOP U.S. Senate Primary means to Democrats hopes of retaking the majority in the upper chamber next year and how the Republican and Democratic party's are each changing amid the Trump Era.

Also today, 88-year old disgraced GOP felon and former Maricopa County, AZ Sheriff Joe Arpaio may still be in the running for his old job, even after being convicted of contempt of court and corruptly pardoned by Donald Trump; Indicted GOP Congressman Steve Watkins of Kansas, who was recently charged with three felony counts related to voter fraud (almost the exact same crimes Trump committed himself in Florida), loses his Republican primary in the state; and Iowa's Republican Gov. Kim Reynolds does the right thing for a change in signing an Executive Order to end the permanent loss of voting rights for (most) former felons in the Hawkeye State, after the Republican-controlled state Senate blocked a more permanent state Constitutional measure and as other states seek to further expand the franchise for felons both in and out of prison around the country.

Finally, it was announced today that Joe Biden would not be traveling to Milwaukee to give his party's nomination acceptance speech, due to the COVID crisis, at the their virtual convention, and Trump announced he was considering giving his own acceptance speech (unlawfully?) from the White House...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: the COVID crisis continues to get worse, Americans wise up on reopening schools, potential hope for Kansas, and Donald Trump becomes a laughing stock. Again. [Audio link to full show is posted below summary.]

Last week, during his rambling, wildly political Rose Garden "press conference" (it was really a political rally), Trump promised that over the next eight weeks, we would be seeing "things that nobody has even contemplated, thought about, thought possible," and that "nobody's ever going to see eight weeks like we're going to have." While, I think it was meant as a rallying cry for a bunch of initiatives he plans to pretend to invoke during desperate days in advance of the November election, it sure sounded like a threat to me. Either way, we suspect he's right about what we will see. He suggested he would be "taking on immigration, taking on education" and that it all would start "some time on Tuesday."

On Tuesday, Trump unveiled something that had to do with immigration, which we discuss with our guest today (see below). As to "taking on education", that part remains somewhat less clear. But if it has to do with insisting that school kids go back to in-person classes next month in the middle of a deadly and worsening pandemic, the American people are decidedly not with him on that one. A new poll out today from AP/NORC finds that just 8% of Americans believe K-12 schools should reopen this Fall for normal, in-person instruction. Nonetheless, Trump is still threatening to take away federal money for special ed to those schools who do not obey his command.

That command is still in place --- and being ignored by most of the nation's largest school districts --- as more than 1,000 Americans died from COVID-related illnesses on Tuesday alone. It was the first time since May that that has happened, as mountains of evidence --- including 59,000 hospitalizations on Tuesday --- underscore, yet again, that the U.S. is headed in decidedly the wrong direction in dealing with the crisis. These will be a very difficult eight weeks indeed. There are fifteen weeks until the November 3rd Presidential election.

And, speaking of elections, state primaries are still ongoing, with statewide contests in Arizona, Kansas, Michigan, Missouri and Washingtonstate coming up on August 4th. We take some time to focus on Kansas today, where notoriously failed GOP "voter fraud" fraudster and the state's former Sec. of State Kris Kobach is running for the Republican nomination for U.S. Senate, in hopes of filling the seat being vacated by Republican Sen. Pat Roberts. It has been an embarrassing few days for Kobach, after his friend Rep. Steve Watkins was indicted last week on 3 felony counts and 1 misdemeanor charge related to voter fraud. As we reported last week, Watkins was charged for doing precisely what Donald Trump did. He unlawfully registered to vote at an address where he did not live, and then he unlawfully voted in an election using that unlawful address. Watkins has been indicted in Kansas. Trump is still a Florida voter fraud criminal at large at this hour.

Kobach, who built his entire two-term career as Sec. of State by promising to stamp out rampant "voter fraud" in Kansas by Democrats and non-citizens, was able to bring only 15 prosecutions during his eight years in office, obtaining convictions on fewer than 10 of them, with nobody receiving any jail time. Virtually all of the convictions were against people who voted twice in two separate states, because they owned homes in both, with many not realizing that was against the law. Nonetheless, Kobach prosecuted people who did the same thing that Watkins (and Trump) did. But, when asked by the Kansas City Star for comment after Watkins' indictment, Kobach offered a bizarre reason why he disagreed with the charges.

All of which helps underscore the fact that the fraud Kobach --- after losing to a Democrat during his 2018 run for Governor in Kansas --- is now hoping to secure the GOP nomination for the Senate. He is running in a field of 11 candidates seeking the honor and we completely endorse him! So, apparently, does his presumptive Democratic challenger, Barbara Bollier, who, in the second quarter of this year, according to AP, "raised almost $1.3 million more than the top-tier Republican primary candidates combined."

Could a Democrat actually flip the Kansas Senate seat from "red" to "blue" this year for the first time since 1932? Bollier was a moderate Republican until she became so embarrassed by Trump and her own party that she became a Democrat at the end of 2018. We'll will find out in about 15 weeks. But a Kobach win in the August 4th primary would certainly help, as Kobach is far "too conservative" for Kansas.

Finally, back to Trump's promise to "take on immigration" on Tuesday, when he unveiled an Executive Memorandum (not an Executive Order, but a memo...not sure if he knows the difference), declaring it to be the position of the United States that immigrants in this country should not be counted when determining the next Congressional apportionment that is to occur after the completion of the 2020 Census. That, despite the very plain language of the 14th Amendment which reads: "Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state".

We're joined today by Constitutional law expert THOMAS WOLF of Brennan Center's Democracy Program, where he specializes in the Census, redistricting, and immigrant rights. He tells me, quite bluntly, that "the memorandum [issued by Trump] is not worth the paper its printed on. The Constitution's plain text is very clear: every person counts. 'Persons' means persons and 'persons' means everyone. That means that everyone is to be counted."

Even Bill Barr, when he was Attorney General the first time, back in 1989, agreed!

"The memorandum that President Trump issued yesterday," Wolf continues, "assumes that President Trump has the power to decide who counts and who doesn't. Unfortunately for him, but fortunately for the rest of the country, the Constitution has already made that decision for him, and the Constitution decided that all people count."

In case he was unclear about that, Wolf adds later: "From the top, there is no legitimacy to this order." But, if so, what was the point of Trump issuing the memo that obviously tries to reverse the 14th Amendment adopted during Reconstruction to do away with the Constitution's previous clause declaring that some people in America --- slaves --- were to be counted by the Constitutionally-mandated decennial Census as three-fifths of a person? Wolf offers insight and answers to that question, as well as how to help counter Trump's plan which, as he notes, "is so patently unconstitutional, it's astonishing."

(Hint: One of the ways to counter it, argues Wolf, is to "Get counted! That's how we push back against this." If your household has yet to do so, please go and fill out a Census form today at 2020Census.gov!)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: New insight on the nearly 50-year long effort to abolish and/or privatize one of the nation's most-beloved, 250-year old institutions. Just another disaster waiting to happen under the Presidency of Donald J. Trump. [Audio link to full show is posted below this summary.]

First, however, today's show is once again shaken up by breaking news. But some of it, at least regarding Justice Ruth Bader Ginsberg --- who has now been released from the hospital and said to be "doing well" --- is good news. The hack of top Twitter accounts today, including Joe Biden's, Barack Obama's, Bill Gates', Elon Musk's and many others, is not such good news. If a multi-billion dollar company like Twitter can't protect its own servers from hackers, how do you suspect local election officials will be doing this November when it comes to protecting complicated computerized voting, tabulation and registration systems?

Speaking of elections, first-term Republican U.S. Congressman Steve Watkins of Kansas was charged on Tuesday night with three felonies charges and a misdemeanor related to voter fraud after he registered to vote (and then did so) using an address at a Topeka UPS store, where he obviously does not actually live.

Donald Trump committed nearly identical voter fraud crimes. Last year, he also specified an address where he does not live --- a commercial business in Florida (Mar-a-Lago) --- as his "legal address" for voting purposes on his voter registration application [PDF] in the Sunshine State, and unlawfully voted via absentee ballot there this year. Rep. Watkins may go to jail for the same crimes that Trump committed. Will Trump be charged with felonies as well?

And, speaking of voting by mail (lawfully or otherwise), that may also be threatened this year, even as states are expanding access to mail-in voting due to the coronavirus pandemic. A new, Trump-appointed (and wholly unqualified) Postmaster General has just been seated and, this week, sent a series of disturbing memos to all Postal Workers directing them, essentially, to slow down mail delivery and stop all overtime work, even with package delivery (often of much-needed medication and other quarantine-necessary supplies) rapidly increasing during the COVID crisis.

Louis DeJoy, a Trump donor and our new Postmaster General, has postal workers, including hundreds of thousands of union workers, up in arms about the new mandated slowdowns that will accomplish little more than giving a competitive boost to FedEx and UPS, two of the USPS' top private competitors. That, as it turns out, is likely the whole point, according to our guest today, LISA GRAVES of True North Research. Last week, Graves published an 18-page brief [PDF] at In The Public Interest on the billionaire who has been behind what is now a nearly 50-year effort to privatize the Postal Service.

That billionaire is none other than Charles Koch who has spent decades recruiting a rogues gallery of hard-right "libertarians" and Republicans, beginning in the 1970s, up through the Reagan and Bush Administrations, and now into the Trump Administration, to undermine the USPS despite its mandates specified by the U.S. Constitution and the fact that it is among the most popular and important institutions in the nation.

"Charles Koch has mapped out a very dystopian view of America, and has tried to push it into reality," Graves says, and he and his cronies have been successful. "They oppose having public transportation. They have oppose Amtrak, and any kind of public train system. They want public airports to be sold to the highest bidder and operated by the private sector. It's just one thing after another, including public parks! National parks, local parks, public parks --- these are all anathema to these very fringey rightwing libertarians who have been fueled and funded and stoked by Charles Koch and his billions from Koch Industries."

Graves, a former Deputy Asst. Attorney General at the U.S. Dept. of Justice, has been researching and documenting the billionaire Koch's rightwing ideological agenda for years, as he and his late brother David, have worked to undermine and/or buy our democracy and most important public institutions. Her new exposé on Koch and cronies' decades-long effort to kill and/or privatize the USPS is another critical chapter of that important work, and one that highlights, as she describes it today, a perfect "marriage between [his] ideological agenda and greed".

With the USPS now on the brink of insolvency, thanks to the COVID crisis --- and, even more, the 2006 Postal Accountability and Enhancement Act (PAEA), championed at the time by Koch-backed Sen. Susan Collins (R-ME), which handcuffed the independent federal agency --- things could get much worse for the Service very quickly.

Describing Louis DeJoy, Graves tells me today, "It's irresponsible and reckless for them to have put this partisan hack, this Republican fundraiser, at the helm of the Postal Service at the time that it's facing such a great need to have a leader who is committed to it as a truly public institution, versus someone who is behaving in this predatory way to try to basically ruin the Postal Service and push it toward the idea that it should be a for-profit company. It's in the worst possible hands at the worst possible time." But, of course, that is largely the point.

"If it's destabilized right before the election, that sort of destabilization could not happen at a worse time. But it would be convenient for a Trump ally to destabilize it, since Trump is trying to attack the very idea of Vote-by-Mail," Graves warns, along with much more in a must-listen conversation today.

Finally, a few quick words on Tuesday's primary election and runoff results in Alabama, Texas and Maine where, by the way, Sen. Susan Collins will be facing her most difficult re-election bid ever this November against Democrat Sara Gideon, who appears to have sealed up the Democratic nomination to run against Collins in Maine on Tuesday...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)