After a number of headlines on today's BradCast --- a lot of stuff happened since we last spoke last week --- we're on to our main story today. And it's a doozy.

Last month, during off-year elections in several states, touchscreen voting systems in Northampton County, Pennsylvania made by ES&S, the nation's largest voting system vendor, were discovered to be printing out the opposite of what voters had selected on their screens in two different statewide contests.

The so-called touchscreen Ballot Marking Devices (BMDs) used in Northampton, a suburban swing-county just outside of Philly in the critical battleground state, are supposed to print a ballot summary card, in human-readable language, based on selection made on the touchscreens, allowing voters to confirm their choices before those cards are then tabulated by an optical-scan computer. Similar systems are (shamefully) still used by about a fifth of the nation's voters on Election Day across the county, including in every precinct in the critical battleground state of Georgia and here in the nation's most populace County in Los Angeles.

But last month, on November 7th, there were two statewide retention elections for Judges, one Democratic and one Republican. If voters selected either YES or NO for both judges, everything printed out on the ballot cards as expected. But if they selected YES in one race and NO for the other, the system would flip their votes on the summary print-out. But here's the catch. It only flipped the votes on the human-readable portion of the ballot. The barcodes also printed on the ballot summary --- which humans cannot read --- as used for tabulation, recorded the votes correctly as cast.

As you can imagine, all of this resulted in chaos on Election Day. Some voters --- once precincts even noticed the problem --- began voting on hand-marked Emergency Paper Ballots instead. In PA, however, there are only about 20 such emergency ballots available at each precinct. They ran out very quickly.

After explanations by election officials and employees at ES&S (which did the programming of the computers for the election) on Election Day, a County judge ordered voters to begin using the touchscreen systems again. Some officials tried to ease voters worries by telling them they would just FLIP the votes after polls closed! In other precincts, voters were reportedly instructed to simply vote the opposite of what they actually wanted in those two contests.

This is the same County where, back in 2019, the first time these ES&S ExpressVoteXL systems were first deployed, the systems recorded zero votes for some races in certain precincts. One of those races, believe it or not, was for the County Judge who, this year, gave the okay to start using the misprogrammed systems again. He didn't receive zero votes in those precincts in 2019. In fact, he won the race for County Judge, as a post-election investigation would reveal.

So, what actually happened on November 7th last month? Longtime election technologist KEVIN SKOGLUND of Pennsylvania's nonpartisan Citizens for Better Elections, investigated to find out. He recently published a detailed report breaking down exactly what wrong. He was able to confirm that while the printed, human-readable text appeared to flip the votes in those two races, the human-unreadable barcode version of the ballot correctly reflected the intent of voters. In short, the votes were right, but the labels next to the two contests in question had been reversed.

As he explains on today's program, this is a programming error that, frankly, should never have been able to happen. Election Officials have long told skeptics of unverifiable touchscreen BMD systems that there was nothing to worry about, because the systems printed out a paper record of voters votes that they could approve before casting, and that the computer-printed barcodes or QRCodes would always match that human-readable text. In Northampton County last month, clearly they did not.

Skoglund also discusses the terrifying danger posed by a programming error like this --- whether it actually happens or voters simply claim that it did --- to next year's Presidential election in states like Pennsylvania, Georgia and elsewhere where voters at the polls are forced to use the same or similar touchscreen systems to cast their ballots.

Describing BMDs like those used in Northampton as "a $9,000 pencil," Skoglund warns today that "events like this shake people's trust, with good reason."

"One of the core cybersecurity concerns is resilience," he tells me. "You want to have systems that can recover from problems. One of the reasons that we like hand-marked paper ballots is not just that the voter marks their ballot and verifies it all at the same time --- so there's not this extra step of checking if the machines works --- one of the other properties of them is their resilience. Because even if the power goes out, even if the machines all stop working, as long as you have a pen, you can mark the ovals on your ballot. But with these [BMD] machines, your 'pen' may just stop working. And you have to have a backup plan if that happens."

Clearly in Northampton, PA last month, there was no real backup plan. If something like this happens next year --- either real or manufactured by nefarious voters --- in even one precinct in PA or any of the other swing-states where similar systems are insanely still used by millions of voters, I shudder to think of what may happen next in this nation.

Incredibly enough, even after the failures in 2019 and 2023, Northampton plans to use the same systems again next year. We discuss that and much more related to all of this on today's show, before we receive phone calls near the end of the program from a few other election experts --- Susan Greenhalgh of FreeSpeechForPeople.org and Dr. Philip Stark, UC-Berkeley election expert and inventor of the post-election Risk Limiting Audit (RLA) protocol. Both have long warned of exactly this kind of election nightmare and have long urged all election officials to move to reliable, verifiable, hand-marked paper ballots for all voters, other than for disabled voters who may choose to vote with an assistive technology.

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A whole lot of climate related political news converges on today's BradCast. [Audio link to full show follows below this summary.]

You'll not be shocked to learn that Donald Trump is still lying to his followers about climate change, clean renewable energy and electrification. No, as he lied during a recent rally in Texas, California didn't experience "blackouts all over the place this summer". We had zero, in fact, thanks to renewable energy and battery storage, and haven't had one since 2020.

Sadly, however, Trump is hardly the only Republican politician willing to hoax his own supporters on behalf of the deadly fossil fuel industry which funds so much of the party. At last week's GOP Presidential Primary Debate in Miami --- of all places --- none of the candidates even mentioned climate and, shamefully, neither did the NBC News moderators, who failed to ask a single question about the most existential crisis facing our planet. In Miami!

But the facts about the climate crisis, caused largely by the burning of coal, oil and natural gas, continue to flood in, along with our rising and warming seas, whether any particularly party remains in denial or not. On Tuesday, the U.S. Government released its Fifth National Climate Assessment, a 37-chapter, 2,200-page report which includes an interactive atlas that allows users to zoom down to the county level across a nation where warming is far outpacing the global average.

Climate related disasters are touching every corner of the country, and --- in addition to lives lost --- it's costing an extraordinary amount of money. Last year alone cost U.S. tax payers $178 billion in damage from climate-fueled storms, wildfires and droughts, etc. The new report, as terrifying as it may be, is also hopeful, as it details how it is still not too late to implement already existing tools to mitigate at least the worst of the dangers still to come.

And, on Tuesday, the world may have received a big boost toward that goal, with an announcement by the U.S. and China, in advance of President Biden's meeting today with President Xi Jinping, that the two nations have agreed to jointly ramp up the use of wind, solar and other renewable energy in hopes of displacing fossil fuels in the near future. That's a big deal, as both countries agreed to "pursue efforts to triple renewable energy capacity globally by 2030."

But how do we overcome GOP fossil-fuel funded intransigence (and lies) which have made China very wary that any agreement struck now with the U.S. may not be honored if Democrats are displaced from the White House in the future?

That remains a challenge. But there may be a glimmer of hope for the GOP, as a recent op-ed at The Hill details "The global climate solution Republicans have been looking for". What is that solution? A bill recently introduced by three Senate Republicans --- Bill Cassidy (LA), Lindsey Graham (SC), and Roger Wicker (MS) --- called the Foreign Pollution Fee Act of 2023.

What would it do? It would impose a fee on imports of certain carbon-intensive products manufactured in nations without the same kind of environmental regulations that make similar products more expensive to produce in the U.S. Several weeks ago, the European Union announced a similar tax that puts a fair price on carbon emitted during production of goods that are imported into the EU. They call theirs a Carbon Border Adjustment Mechanism.

Its sounds kind of geeky, but only because it is. It would, however, according to my guests today, both help to lower emissions around the world and bring overseas jobs back to the U.S.

We're joined today by MATTHEW LEE, author of the aforementioned opinion piece at The Hill and a Federal Policy Specialist at the non-profit Evangelical Environmental Network (EEN). We're also happy to be joined by REV. DR. JESSICA MOERMAN, President and CEO of EEN, which has long carried out the mission of educating and mobilizing evangelical Christians to reclaim the Biblical mandate of caring for creation and working toward a healthy, stable climate.

Lee explains the Republicans' policy proposal, how it would work, and what it hopes to accomplish. Moerman, who, as it turns out, is also (helpfully) a Ph.D. in Earth and Atmospheric Sciences, also offers her insights into this week's alarming Climate Assessment Report. She was at the White House on Tuesday when the report was released, and when Biden announced $6 billion in new investments to help mitigate the worst of the climate challenges we are all facing.

"For many decades, our country has had higher environmental standards than other countries," Lee tells me today. "American products are among the cleanest in the world. The problem is that because our companies are held to higher standards, there's an incentive for companies to offshore their factories and take advantage of looser regulations abroad in order to increase profits. This is a problem that a carbon border adjustment or foreign pollution fee, or whatever you want to call it, addresses. If companies have an incentive to offshore their factories to take advantage of looser regulations abroad, let's just charge them a fee when they want to import their products back to the U.S."

"Fossil fuel pollution killed 8 million people around the world --- that accounts for 1 in 5 deaths --- in 2018," Lee says. "If there's any way that we can use our policies to incentivize foreign governments to do better in protecting the health and lives of their citizens and children everywhere, that's something that we should get behind. That's something that Republicans would totally get behind, evangelicals, and anyone who really cares for the health and lives of people around the world."

For her part, Moerman assures me this Republican proposal has no poison pills we might otherwise expect from a "Republican climate bill". "I understand your skepticism," she says. "As we are looking at policy options, we always look at, first, does it defend life? Does it make sure that it's defending the health and livelihoods of all people? Does it protect the environment or, as we see it, God's Creation? And, also, does it support those family-sustaining careers in the clean economy? This one checks all of those boxes."

In speaking about evangelical community's move to the political right in recent decades, Moerman contends "we are seeing a real shift in our community. As evangelicals, we are people who take the Bible seriously. That means we also have to take seriously our biblical mandate to care for God's Creation." She explains that progress is being made in her community "whenever we talk about it in this framing. Take climate out of the partisan political space, the culture war space, and really root it in scripture, in our faith of following through on our values of honoring God, by taking that stewardship mandate seriously. And also loving our neighbor by ensuring that they have that healthy environment and safe climate to thrive in."

Will it work? Will Republicans in Congress take hold of that mandate when, as Moerman notes, "20% of deaths [across the world] can be attributed to fossil fuel pollution"? She says the U.S. steel, aluminum and even oil and gas industry is supporting the bill, "so that should make Republicans pay attention."

We'll see. I remain skeptical, but hopeful. Lee says that Wicker has taken his name off the measure, so we'll see if that is a bad omen. But, we've got to do something, at this point, and we need to do it fast. At least if "God's Creation" might have a chance of surviving our ever-worsening climate nightmares...

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Assault weapons bans are still not unconstitutional. For now.

By way of a 2 - 1 decision [PDF] last Friday, a three-judge panel of the U.S. 7th Circuit Court of Appeal has temporarily upheld an Illinois assault weapons ban.

The Illinois Act makes it "unlawful for any person [except "trained professionals" and "grandfathered individuals"] within Illinois knowingly to 'manufacture, deliver, sell or purchase…an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge." The Act expressly applies to the AR-15 and to high-capacity magazines.

The issue came before 7th Circuit via three consolidated cases: Bevis v. City of Naperville, Herrera v. Raoul and Barnett v. Raoul. In two of the cases, Bevis and Herrera, federal district court judges denied motions for the issuance of a preliminary injunction whereas the district court, in Barnett, granted a preliminary injunction.

The 7th Circuit decision, authored by Judge Diane Wood, a Clinton appointee, and joined by Judge Frank Easterbrook, a Reagan appointee, overturned the Barnett preliminary injunction upon the grounds that the plaintiffs in all three cases had failed to establish a strong likelihood of success on the merits. (Michael Brennan, a Trump appointee, dissented.)

While it doesn't amount to a final determination on the constitutionality of the assault weapons ban deployed in the Land of Lincoln, at a time of unbridled carnage --- there have been more than 565 mass shootings in the U.S. over the first 10 months of 2023 --- the reasoning applied by the 7th Circuit majority offers a glimpse, at least, of sanity...

Today was Election Day in a bunch of states across the U.S. Important contests and ballot measures were before voters in this off-year election, including in Ohio, Virginia, Pennsylvania, Kentucky, Mississippi, parts of California and elsewhere. And, as covered on today's BradCast, things did not go well for voters in parts of at least two of those states on Tuesday. [Audio link to full show follows this summary.]

• As we reported at The BRAD BLOG earlier today in some detail, new, unverifiable touchscreen voting machines made by ES&S were reportedly flipping votes in Northampton County, Pennsylvania. This wasn't the type of "flipping" that we've seen many times in the past, where the screens on the voting system are not calibrated correctly and when one tries to select a candidate, a different one gets highlighted instead. This was quite different.

  At a number of precincts across Northampton, a largely suburban enclave outside of Philly, when voters selected either "Yes" or "No" in a statewide retention election for each of two judges (one D and one R), everything presumably worked as expected. But if voters chose "Yes" for one of the judges and "No" for the other, their votes would get reversed to the opposite selections. Making matters worse, the computer printout of those votes would be reversed, while the screen itself would show the voters' actual selections.

  Back in 2019, as we reported at the time, just after the ES&S ExpressVote XL systems --- wildly expensive computerized electronic pencils --- were first purchased for use in Northampton, there were a number of candidates who learned after the election they had received ZERO votes on them. That, of course, was not true, and the paper printouts from the systems were eventually used to discern what were believed to be the correct results of the elections. But, of course, there is no way of knowing if the printed paper records were actually accurate, whether voters bothered to verify them, or if they did so correctly even if they tried to. That's just a few of the problems with every touchscreen Ballot Marking Device (BMD) used across the country. (For example, every voter at every polling place in the entire state of Georgia is still forced to use similarly unverifiable BMD systems made by Dominion Voting Systems.)

  Shamefully, after the 2019 disaster, PA's Northampton County didn't dump the machines then and there and move to verifiable hand-marked paper ballots instead. Today, those same systems melted down for voters again. And, perhaps even more shamefully, the County officials who approved them for use in the first place were blaming everybody but themselves for it, including election officials and ES&S. Perhaps most shameful of all, one of the candidates who, in 2019, was reported to have received "zero" votes in his election at the time for Northampton County Judge, but later found that he had actually won the election, presided over what to do about today's mess. After the problems came to light, he was the Northampton County Judge who, rather than ordering a move to hand-marked provisional paper ballots, instructed election officials to continue using the machines despite the fact that they were reversing votes.

  One local outlet reporting on the mess described today's "solution" to the problem this way: "In cases where the error would pop up for the retention question, the county would flip the results during the post-election canvass." (!!!)

  As noted, this is just a mess. Much more on all of this on today's show. And, I suspect, we'll be covering it more in the days ahead. Let's hope there are no close elections either statewide or in Northampton when PA results are tabulated tonight.

• Also today, it is being reported that, according to several nonpartisan voting rights groups, "an extraordinarily high number" of voters in the zip code of Ohio State University never received their requested absentee ballots by mail. The state held a critical election for a Constitutional measure today to protect abortion rights, as Republicans in the state, including its Sec. of State Frank LaRose, have pulled out all the stops to block the Amendment from passage (including recently purging 26,000 voters quietly from the rolls after the election had already begun.) There is also a proposal to approve recreational marijuana on Tuesday's ballot. Once again, the results, whatever they may be, better not be close, or there will be some hell to pay in the Buckeye State, I suspect.

• In Wisconsin, Republicans appear to be working hard to ensure chaos for next year's critical Presidential election in the Badger State. State Assembly speaker Robin Vos, last week, advanced 15 articles of impeachment against the state's top election official, as part of their years long effort to blame someone --- anyone! --- for Donald Trump's 2020 loss in the battleground state.

• And, speaking of 2020, Mark Meadows, Trump's former Chief of Staff and current co-defendant in the conspiracy case against them and 17 others for attempting to steal the Presidential election in Georgia, is being sued by his own book publisher. The publisher, All Seasons Press, claims that Meadows' reported cooperation in Special Counsel Jack Smith's federal indictment against Trump for his attempt to steal the 2020 election, contradicts Meadows claims in his book that the election was "rigged" and "stolen". ASP is now suing Meadows for millions. And it's hilarious.

• Finally, Desi Doyen joins us for our latest Green News Report, as Australia braces for another record bushfire season amid an El Nino; October 2023 is officially declared the hottest October ever recorded on the planet; Michigan enacts sweeping climate and environmental legislation; and President Biden unveils the nation's largest investment in rail travel in 50 years...

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Tomorrow is a so-called "off-year" election in a number of states. But several of those elections may tell us quite a bit about the 2024 elections, and not necessarily in the way you may think, as reported on today's BradCast. [Audio link to full show follows this summary.]

Among today's stories...

• First up, some quickish news updates. Donald Trump took the stand on Monday in court in Manhattan for three and a half hours of contentious testimony in his losing battle to save his fraudulent company and his children's inheritance in New York State's $250 million fraud lawsuit against them for falsely inflating Trump Organization assets to the tune of $2.2 billion dollars each year from 2011 through 2021. He's already lost the case. Now the question is how much it will cost him (and his children.)

• Next, a few quick updates on Israel's relentless war against the people of Gaza following the Hamas attack against Israel on October 7, which killed at least 1,300. Now, more than 10,000 have reportedly been killed in response in Gaza, including more than 4,000 children. Calls for a ceasefire are getting louder in the U.S. and around the world. The Biden Administration's calls and Sec. of State Antony Blinken's shuttle diplomacy in the region for a "humanitarian pause" to speed additional humanitarian aid into Gaza and allow the release of some 240 hostages, have yet to gain much traction from Israel's hard-right government.

• Then, it's on to Tuesday's elections, first with a focus on two Gubernatorial contests in the Deep South, with one popular incumbent Democrat (Kentucky's Andy Beshear) seeking a second term, and another Democrat (Mississippi's Brandon Presley) vying for a long-shot victory now that his state, where 40% of the population is black, has finally done away with a Jim Crow law that has dampened African-American turnout for generations.

• We discussed the critical fight for control of the Virginia Senate and House of Delegates last week with former VA Delegate Mark Levine. But it was worth revisiting today for a reminder of how much is stake in the Commonwealth on Tuesday, including the right to abortion, which its Republican Governor, Glenn Youngkin, is vowing to restrict if he can hold the House and flip just two seats in the Senate on Tuesday. Every seat in the General Assembly is up for grabs this year, in what is likely to be seen as a bellwether ahead of the 2024 Presidential contest.

  But the biggest battle of the day is likely to be Ohio's Constitutional amendment to protect reproductive freedoms. Republicans are pulling out all the stops to lie, cheat and, yes, even steal it if they must, to block the popular ballot initiative in hopes of instituting a six-week ban on abortions in the Buckeye State with no exceptions for rape or incest. To that end, Republican Sec. of State and U.S. Senate nominee-wannabe Frank LaRose recently purged some 26,000 voters from the rolls. He did so after overseas and military voting had already begun (which would have been unlawful during a federal election) and without giving a heads up to voting rights groups as he has in the past. Those nonpartisan groups have frequently discovered and prevented thousands of errors in such purges. Last week's shocker, as discussed on Thursday's show, wherein I learned from an obituary on the Internet that I had died (even though, I assure you, I haven't) is a reminder of how easy it can be to wrongly remove "dead" voters from the roles who are, in fact, quite alive. At least when you do it as LaRose has done. But, of course, that's why he did it.

  And, in what may be a bit of a sleeper "bellwether" for next year's elections, one county in Northern California may be bracing for potential political violence, as rightwingers in Shasta County are insisting on hand-counting ballots after prematurely ending their contract with Dominion Voting Systems. But the elected registrar --- the only county-wide elected Dem in the County --- believes it wise to follow state law and tally with new Hart-Intercivic tabulators instead. Tune in for details. And keep your eyes on Shasta over the next few days, as we will.

• Then we close by taking a few calls from listeners on some of the above today. Buckle up! Not as much for today's show or our callers, but for tomorrow's otherwise low-key, but critical elections around the country...

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We begin again on today's BradCast with the latest developments in what AP is now calling the latest Israel-Palestinian war, before catching up with a number of political and climate related issues here at home. [Audio link to full show follows below this summary.]

ISRAEL v. HAMAS:

• On Monday, the leaders of France, Germany, Italy, the U.K., and the U.S. issued an unusual joint statement condemning the "terrorist actions of Hamas" over the weekend, declaring "steadfast and united support to the State of Israel" and recognizing "the legitimate aspirations of the Palestinian people".

• Today, an at-times visibly angry President Biden expressed similar sentiments, decried the weekend’s "atrocity on a appalling scale"; warned against adversaries both at home and abroad who might be tempted to take advantage of the situation for political violence; vowed to help secure the release of American hostages around the world; declared this "a moment for the United States to come together, to grieve with those who are mourning"; promised to uphold the "laws of war", and reiterated that the U.S. "stands with Israel" while condemning the "indiscriminate evil" of the weekend’s attack. He also confirmed that 14 Americans are now confirmed to have been killed as a result of Saturday's surprise assault by Hamas.

• Beyond that, we cover the latest, including escalating death tolls, with at least 1,000 dead in Israel, and at least 800 dead in Gaza, as Israel continues its fourth day of pounding neighborhood after neighborhood in the Gaza Strip with air strikes. More than 200,000 Palestinians have reportedly fled their homes for U.N. shelters, as deliveries of food, fuel, water, electricity, medicine and other supplies to Gaza have been cut off by Israel, as hospitals are said to be running out of supplies, surgical equipment and antibiotics.

• Back home in Congress, the U.S. House remains crippled thanks to Republicans having removed their own House Speaker last week. Given our recent history and the current situation in the Middle East, that might not actually be a terrible thing.

2004 MISCELLANY:

• On Friday, the Wisconsin Supreme Court, after a 4 to 3 vote, scheduled a hearing next week on a voter petition to draw fair legislative maps for the state Senate and Assembly, for the first time in more than a decade. Justice Janet Protasiewicz, whose recent election gave liberals a majority on the High Court for the first time in 15 years, has decided to not recuse herself from the case, even as GOP Assembly Speaker Robin Vos' threat to impeach her if she did so has shown no sign of materializing yet.

• Out here in California, 74-year old former L.A. Dodgers All-Star Steve Garvey announced today that he will be running as a Republican next year to fill the seat held by Dianne Feinstein, who recently passed away. He will be vying for one of the two spots up for grabs in next year's March Primary, in hopes of going on to compete in the November general election. He will have to face off with at least three Democratic all-stars hoping to become the state's new Senator, including Congressmembers Barbara Lee, Katie Porter and Adam Schiff --- and potentially against Laphonza Butler should she decide to run, after having been tapped by Gov. Gavin Newsom to fill the rest of Feinstein's term.

• Robert F. Kennedy, Jr., with much support from Republicans, announced on Monday that he plans to drop out of his Democratic primary bid and run for President as an independent next year. In theory, he will join Cornel West who plans to do the same after leaving the Green Party, and a potential candidate put up for 2024 by the right-leaning "centrist" group calling itself No Labels.

LATE-BREAKING AND FINALLY:

• Republican Rep. George Santos (NY), already facing 13 federal campaign finance-related charges, now faces an additional 10 related to identify theft for stealing donor credit cards to make unauthorized charges.

• Hurricane Lidia spun up quickly before airtime to become a major Category 3 storm as it headed toward landfall on Mexico's Pacific coast near Puerto Vallarta. (Since we've gotten off air, Lidia has spun up even more, making landfall as a Cat 4 with 140 mph winds!) It is the second tropical storm to slam the Pacific coast in two days, following landfall by Max on Monday.

• Desi Doyen joins us for our latest Green News Report, with good news for both striking auto workers and Electric Vehicles, and bad news for India, the children of the world, and your olive oil...

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Woah, Nelly! Today's BradCast may arguably be both the dumbest and most fun ever! [Audio link to full show follows this summary.]

The subject material --- Wednesday night's ridiculous GOP 2024 "Presidential Primary Debate" (if it's even worth calling it that) at the Ronald Reagan Presidential Library out here in Simi Valley, California --- is what makes it dumb.

It featured seven "candidates" --- former Vice President Mike Pence, Florida Gov. Ron DeSantis, former South Carolina Gov. and UN Ambassador Nikki Haley, South Carolina Sen. Tim Scott, former New Jersey Gov. Chris Christie, supposed businessman Vivek Ramaswamy and North Dakota Gov. Doug Burgum --- but not the much-indicted guy who Republicans apparently intend, for now, to actually nominate for the job next year.

Our excellent special coverage panelists --- award-winning blogger and columnist HEATHER DIGBY PARTON of Salon and Hullabaloo, and "DRIFTGLASS" of the Professional Left Podcast from "Flyover Country, Illinois" --- are what make it fun.

Hear Digby discuss the GOP's "Bizarro World alternet universe" and the "big orange elephant in the room"! Hear Driftglass explain the "Doomsday machine with no off switch" and "the smelly wet sock of the mainstream media"! Also, Doug Burgum!

To paraphrase Haley last night, hearing us today may help you "feel a little bit dumber." I'd tell you more, but that would ruin all the fun...and most of the dumbness! Enjoy!...

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Some breaking news just before airtime helped, once again, threw off our best laid plans for today's BradCast. But, given this particularly huge breaking news, we're just fine with that. [Audio link to full show follows below this summary.]

The New York Judge in state Attorney General Letitia James' $250 million civil fraud lawsuit against Donald Trump, the Trump Organization, his eldest sons, Don Jr. and Eric, and two top company executives, ruled [PDF] that they all committed years of "persistent and repeated fraud" to the tune of billions of dollars by inflating the value of company assets when applying for bank loans. They also decreased the value of the same properties to receive favorable terms on both insurance and taxes, according to the ruling.

Judge Arthur Engoron found in favor of the state's key contention during the summary judgment phase of the landmark case on Tuesday, before the non-jury trial is slated to begin next Monday. Trump's attorneys had also sought summary judgement, hoping to see the case thrown out entirely. Instead, the key issue has already been decided against them and Engoron, in a brutal ruling, has stripped the former President, his company, his sons and execs, of control over several of his main New York properties. The Trump Organization and its various LLCs were placed into receivership to be controlled by court-appointed officers!

In the massive fraud suit, James seeks to permanently revoke the Trump family's license to do business at all in New York state. The trial, set to begin next week, will now determine the other issues at stake and the full breadth of penalties. Of course, Trump will appeal everything. But, make no mistake, this is a huge verdict against the failed former President and current 2024 GOP frontrunner who, as validated by Judge Engoron today, has built his business empire on decades of fraud and lies.

Among the many other important stories also covered on today's program...

• Cassidy Hutchinson, star witness at last year's House January 6 Committee hearings and the former top aide to Trump's final Chief of Staff, Mark Meadows, warns that Trump "almost destroyed democracy in one day and he wants to run for President do it again."

• This week's second GOP Presidential Primary debate, at the Reagan Library here in Southern California, will feature the same candidates as last month's debate in Milwaukee, other than former Arkansas Gov. Asa Hutchinson, who apparently did not meet the RNC's criteria. Trump was also not invited for refusing to sign the party's loyalty pledge, but he had already announced he wouldn't participate in any of their debates.

• Labor economist Kathryn Anne Edwards offered a must-listen response to Louisiana's loopy U.S. Senator John Kennedy during a Senate subcommittee hearing last week on post-pandemic child care concerns. While Kennedy suggested he really really wanted to help, he had no idea where, oh, where the federal government could possibly find the money to do so. Edwards' straightforward, well-supported answer: Raise taxes on the wealthy that you've been lowering for the past two decades if you really care about children in need.

• In a related matter on Tuesday, Joe Biden became the first sitting U.S. President, incredibly enough, to join a picket line with striking workers. In this case, he called on striking United Auto Workers members in Detroit to "stick with it," as he rallied workers with UAW President Shawn Fain. On Wednesday, the former President is set to speak at a non-union facility in a "red" county outside of Detroit.

• California Governor Gavin Newsom signed a bill into law today that doubles the tax on sales of guns and ammunition in the state to help pay for increased school safety measures. While the federal government already charges a 10% tax on guns and ammo, California doubled it with one of their own, becoming the first in the nation to do so.

• Bona fide good news today from our corrupted, packed and stolen U.S. Supreme Court. They rejected Alabama's attempt --- once again --- to violate the Voting Rights Act with a racially gerrymandered U.S. House map. Last June, in a surprising 5 to 4 ruling, with Chief Justice John Roberts and Justice Brett Kavanaugh joining the Court's three liberals, SCOTUS ordered the state to create a second majority black U.S. House District. Just 1 of 7 districts is currently a majority minority district despite African Americans comprising more than a quarter of the state's population. But Alabama Republicans, blatantly defying the U.S. Supreme Court, redrew their districts without including a second black majority district as mandated. A federal court panel then ordered a Special Master to draw up a new map instead. Alabama tried to stay that decision at SCOTUS, which unanimously rejected the state today in a one sentence ruling. That is good news for voters and bad news for several other GOP-controlled states trying the same gambit to cheat their way to a Republican majority in the House again next year.

• Speaking of the Republicans' narrow majority in the U.S. House, it appears next to impossible at this hour to believe they will be able to agree amongst themselves on a spending bill to keep the federal government open as of Saturday. At least not without either Democrats saving them and/or House Speaker Kevin McCarthy losing his job as Speaker.

• New Jersey's Democratic Sen. Bob Menendez, federally indicted for a second time late last week on charges of bribery and corruption, maintains his innocence. But the flood of fellow Democratic U.S. Senators calling for his resignation seems all but unstoppable now, with at least six of them --- including fellow NJ Senator Corey Booker --- calling for Menendez to step down. The charges, by the way, would seem to dramatically undercut Trump/GOP claims that the DoJ has been "weaponized" by Democrats against them.

• Finally, Desi Doyen joins us for our latest Green News Report, as New Orleans declares a drinking water emergency; Fracking is "devouring American's groundwater" amid persistent drought in a number of states; and FEMA girds to suspend critical recovery operations in several states if Republicans shut down the federal government as of this Saturday...

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It's a very exciting time for organized labor in these United States, as discussed on today's BradCast, after decades of corporate measures that have succeeded in vastly shrinking union membership and power across the country, along with the power of the American middle class itself. [Audio link to full show follows this summary.]

Late on Sunday, out here in Hollywood, striking film and television scribes from the Writer's Guild of America (WGA), finally came to terms on a new contract with major studio executives to share some of the bounty of record profits the writers have helped those giant corporations make. The tentative deal is described by the writer's union negotiators as "exceptional," including "meaningful gains and protections for writers in every sector of the membership."

Pending likely final approval by members this week, only some film and TV production will be able to begin rolling again --- for example, late-night and daytime shows without actors --- as the more than 100,000 actors of SAG-AFTRA still remain on strike, hoping to see similar financial benefits and protections for their members as achieved by the WGA after nearly 150 days on the picket lines.

In related news, President Biden will be meeting with striking union members from the United Autoworkers on the picket line this week in Detroit, in what is apparently (shamefully?) an historic first for an American President. That will happen on Tuesday, the day before Donald Trump is set to meet with non-union workers at a plant outside of Detroit, in a ruby red suburb this week. (Good luck noticing that part of the story as corporate media outlets seem to be working overtime to "both sides" the two very different appearances.)

At the same time, the Biden-Harris campaign has released a video featuring GOP Presidential candidates Nikki Haley and Tim Scott and a Fox "News" anchor singing Biden's support for union workers.

We've had a very busy news weekend beyond the good news for organized labor and collective bargaining. But I wanted to move that good labor news up to the top today, and take some calls from listeners on it. Some of those callers seemed to have some misconceptions about unions which other callers, happily, were able to rebut in what I believe was an obscenely reasonable conversation for talk radio. My apologies in advance.

We'll try to get to some of the other ongoing stories --- the indictment of Democratic U.S. Senator Bob Menendez (NJ); the House GOP's pathetic plan to shut the federal government down as of this weekend, and more --- in the days ahead. Today, however, seemed a good day to focus momentarily on some good news about organized labor, the struggling middle class, and a newly revitalized stand against major corporations, making records profits, fighting like hell to prevent their workers from sharing in the gains those very workers helped them achieve.

I hope you'll tune in!...

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Thanks to the billionaire-funded rightwing media machine (and much of the corporate media that is a part of it), it remains all too easy to muddy enough waters to fool a huge chunk of the American people these days with evil, lies and bad faith. All we can do is hold on for dear life on The BradCast each day and hope that pushing back with facts and truth ultimately wins out over evil, bad faith and lies. [Audio link to full program follows below this summary.]

On today's program...

• President Biden made an impassioned case to world leaders for continuing support for Ukraine's existential battle against Russia's evil and lies --- and in defense of democracy --- at the U.N. General Assembly on Tuesday. He also called for uniting the world against our ever-worsening climate crisis.

• Ukrainian President Volodymyr Zelenskyy also addressed the same body to make his own impassioned case that his nation's battle against the barbaric, 19-month invasion by autocratic neighboring Russia is, in fact, a warning for other democracies around the world.

• Here at home, U.S. House Republicans --- who have become alarmingly pro-Putin, pro-Russia and pro-autocracy --- are now eating themselves alive. It seems increasingly unlikely that they can even come to an agreement among their own warring factions to adopt a measure to simply keep the government open and funded after the federal fiscal year ends next week. It is unclear that many of them even want to. As Democratic House Leader Hakeem Jeffries aptly observed over the weekend, the House GOP is now "in the middle of a civil war."

• So, what is Speaker Kevin McCarthy's plan to get out of this mess by October 1, when his extremist GOP caucus threatens to shut down the government without, at the very least, adopting a Continuing Resolution to stay open for another 30 days so Republicans can negotiate with themselves? Impeachment of Joe Biden, of course! (Spoiler alert: There is still no evidence of either high crimes or misdemeanors, but that may not matter. As we discuss, this is the very same playbook that did in Hillary Clinton with "but her emails!" and, back in 2004, John Kerry with that swiftboat nonsense. Apparently, the American people are very easy to fool. Do Democrats have a plan in response?)

• Finally, speaking of being fooled again, Desi Doyen joins us for our latest Green News Report, as California pushes back, in court, against Big Oil's decades of deadly climate lies. As Gov. Gavin Newsom explained when announcing the state's lawsuit against five of the largest fossil fuel companies: "These guys have been playing us for fools. They've been playing all of us for fools."

Don't get fooled again.

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IN TODAY'S RADIO REPORT: California sues Big Oil over climate damages; Another investigation shows Big Oil execs plotted to deceive the public, discredit climate science, and delay action; PLUS: Mass protesters demand the end of the fossil fuel era as Climate Week and UN General Assembly get underway... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): New study debunks anti-heat pump propaganda; Ohio to become manufacturing hub for electric flying taxis; Pepsi Tesla semi-truck proves long-range battery capability in real-world test; Biden to target industrial pollution in a 2nd Term, if he gets one; States are criminalizing climate/environmental protests; Dire warnings about Libya dams went unheeded; How a national macro-grid could accelerate the movement to electrify everything; Ohio injection wells suspended over 'imminent danger’ to drinking water'... PLUS: A summer light show dims: why are fireflies disappearing?... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: 2024 GOP Presidential campaign kicks off with more climate denial, more delay; President Biden calls on Congress to act after a summer of climate disasters; PLUS: Nevada's Burning Man festival becomes latest victim of climate extremes... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The Summer From Hell was just a warning; Home insurers cut natural disasters from policies as climate risks grow; 5 things to know as halftime of the 2023 hurricane season approaches; Shuttered EPA prove could have brought 'meaningful reform' in Cancer Alley; Green groups are divided over plan to increase the nation's hydro-electric power; Rags Not Riches: Ghana drowns in Western castoffs; Global fossil fuel subsidies reached $7 Trillion in 2022, an all-time high... PLUS: The Never-Ending Nightmare of Ukraine’s Dam Disaster... and much, MUCH more! ...

There is no small amount of irony throughout today's BradCast, as Republican lawmakers threaten to impeach a newly elected state Supreme Court Justice just days after she was sworn in. Do they think we don't remember how they pretended to be outraged(!) in 2020 and 2021, charging Democrats were offending voters with attempted "election nullification" by twice impeaching the former President at the end of his four-year term?

Before we get to that mess in Wisconsin today, speaking of The Former Guy, two of his co-defendants in his fourth criminal indictment of the year (the RICO case in Georgia for his attempted to steal the 2020 election there) surrendered at a Fulton County jail on Tuesday. John Eastman and Scott Hall both turned themselves in after arranging to be released on bond after booking.

Eastman is the far-right Trump attorney and architect of the unlawful/unconstitutional failed scheme to have then Vice President Mike Pence toss out legitimate Electoral College votes on January 6th, 2021. Hall, little known to most of the nation but well known by now to longtime BradCast listeners, is the Atlanta bail bondsman (well, that'll come in handy!) who confessed to frequent guest on this program, Marilyn Marks of the Coalition for Good Governance, that he helped run the unlawful MAGA breach of Georgia's sensitive voting system hardware and software in Coffee County, GA on January 7th, 2021.

Marks had the wherewithal to record Hall's phone call to her. We aired it for the first time on this program last year and have been closely covering the Coffee County breach ever since (even as GA Sec. of State Brad Raffensperger appears to still be covering it up.) That scheme, part of a multi-state conspiracy, was allegedly hatched in Trump's Oval Office in December of 2020, and paid for by another co-defendant, Trump attorney Sidney Powell, and plays a key role in the 41-count grand jury RICO indictment [PDF] secured last week by Fulton County D.A. Fani Willis. More surrenders, including Trump's own, are to come this week before the Friday deadline, after which Willis has vowed to seek arrest warrants.

As that plays out in the Peach State, desperate Republican lawmakers in the Badger State may be seeing the writing on the wall. Their 15 years of autocratic, partisan gerrymandered majority rule of both chambers of the Wisconsin state Legislature may finally be coming to an end following the statewide landslide election victory last April of Janet Protasiewicz to the state Supreme Court.

On August 1, Justice Protasiewicz was finally sworn in (as pictured above), giving liberals on the High Court a 4 to 3 majority for the first time in some 15 years. The next day, August 2, the first of two petitions was filed with the Court seeking a ruling that the GOP's extreme partisan gerrymandered Legislative maps for both the state Assembly and Senate are unlawful violations of the state's Constitution. Plaintiffs seek not only new, fair maps in advance of the 2024 elections, but they are also asking the Court to order an emergency special election for all seats in the Senate next year. According to plaintiffs, current office holders "lack legal entitlement" to hold those seats due to the unlawful maps in place since 2011, as first approved by the state's hard-right radical then-Governor Scott Walker.

Republicans are both furious and terrified about the two new lawsuits filed by voters, leading current, far-right Assembly Speaker and autocracy fan, Robin Vos (arguably one of the biggest benefactors of the states "rigged" maps), to float the idea of impeaching Protasiewicz if she fails to recuse herself from both cases. Vos argues that, during her campaign earlier this year, Protasiewicz "prejudged" the cases by describing the obviously unfair maps as both unfair and rigged.

There are a whole bunch of problems with Vos' argument, one that was laughably shared in a recent "intemperate dissent" penned in response to these cases by Walker-appointed Justice Rebecca Bradley.

Longtime BRAD BLOG legal analyst ERNEST A. CANNING has been closely following and writing about the matter. He joins us today to detail the allegations against Protasiewicz, the hypocrisy of Bradley, and the constitutional crisis that could occur in the Badger State if Vos moves ahead with impeachment and removal by the state's Republican gerrymandered Assembly and Senate.

"For the Republicans to hold on to a 2/3rds majority in the Senate, even when they received as little as 45% of the vote, tells you what they've done. This is a deeply anti-democratic project," Canning explains. "If they're willing to impeach simply to hold on to power, that in itself is a direct assault on democracy. Particularly when you consider the argument that they really don't have a legal basis for the seats they are holding right now."

We also share a comment today on this entire fine mess from friend of the show, national affairs correspondent at The Nation and WI favorite son, John Nichols.

Finally, Desi Doyen joins us for our latest Green News Report as hurricane season suddenly kicks into full gear in the U.S., wildfire season continues unabated across Canada, and extreme drought partially shuts down operations at the Panama Canal. Also, before we close today, some grim news out of this year's climate change-fueled wildfires in Greece, and a quick update on Wednesday night's upcoming "Trump-free" 2024 Republican Presidential debate in Milwaukee...

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IN TODAY'S RADIO REPORT: Hurricane Hilary makes history, as new storms brew in the record-hot Atlantic; Panama Canal crippled by severe drought; British Columbia declares wildfire emergency; PLUS: Ecuador votes to protect its Amazon Rainforest and keep oil in the ground... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 850 people missing after Maui Fires, mayor says; Oil giants fight climate deception suit at Hawaii Supreme Court; Tropical Storm Harold makes landfall in South Texas; Fukushima nuclear disaster: Japan to release treated water in 48 hours; Will Hilary hasten California’s insurance climate stampede?; SoCalGas fought a key California climate solution for years. It cost customers millions; Salmon Festival in Klamath not serving salmon this year, with the hope of restoring a food central to area tribes; Record-setting U.S. heat dome places 143 million under alerts... PLUS: Central Valley farmers are having a climate reckoning... and much, MUCH more! ...

Welp, as discussed on today's BradCast we, personally, managed to dodge the worst of the weekend's Hurricane Hilary (downgraded to Post-Tropical Cyclone shortly after landfall) by dint of a complete coincidence. Thanks to many for the well-wishes. Tune in for more details on that today. [Audio link to full show follows this summary.]

But much of the U.S. Southwest was not as lucky over the past 24 to 48 hours, with parts of California seeing a year's worth of rain, in some cases, in just over a day. Our coverage begins with a focus on our hometown of Los Angeles, which saw the center of the storm pass over downtown at 7pm on Sunday. The desert areas, for example, Palm Springs, fared far worse. And now many in Nevada are facing the storm, which could continue to drop massive amounts of precip as far as southeastern Oregon and west-central Idaho.

Tropical storms are wildly unusual for the state of California. The last time one one made direct landfall in the Golden State was 1939, prior to the modern National Weather Service warning system and naming convention for tropical storms and hurricanes. All of which begs the question today: Was this storm --- which we tried to light a siren about on our final show last week, when few seemed to be noticing it --- a fluke? Or is it emblematic of our climate changed future?

We've got just the person to ask about that today. We are delighted to be joined by climate scientist DR. DANIEL SWAIN, of the Institute of the Environment and Sustainability at UCLA. He also serves as a Research Fellow at the National Center for Atmospheric Research and at The Nature Conservancy of California.

"This is definitely a historical event that we saw unfold this past weekend in Southern California," he tells me. The worst of it, debris flows, flash flooding, was "mostly in the places that we thought they would be most likely. Largely, this played out pretty close to forecast. This is something that was pretty well predicted."

The question of whether Hilary was a fluke or our future is a complicated one, with a multilayered answer that Swain explains with a great deal of clarity. At least with as much as can be had given what he describes as a huge lack of research of the phenomenon of West Coast tropical storms. Most such storms that form in the Eastern Pacific head out to sea toward Hawaii. But not Hilary. Why did that happen this time exactly? And can we expect more of them?

"We're all living in the context of a changed climate," Swain says as we discuss the now 4 or 5 (depending on how you count them) storms brewing in the Atlantic --- "a conga line of potential hurricanes" --- during what could end up being a very busy peak of the storm season on that side of the country. "We've never had the combination of record warm oceans plus a very strong developing El Nino event in recorded history."

On whether scientists have been low-balling the effects of climate change for years, Swain concedes: "I think we did historically underestimate how much that [warming] was going to disrupt ecosystems, ecologies and human systems --- cities, populations all around the world."

"We are starting to see the limits of our adaptability already. And it's only going to get harder with additional warming," he asserts. "The fact that the water vapor-holding capacity of the atmosphere is exponential with warming, means that the next degree of warming is going to bring about bigger changes than the last degree."

Please tune in for a very enlightening conversation about all of this.

Then, we close today first with a grim update from Maui, where the County's Mayor has announced the official death toll from their recent wildfires (fueled in part by the gusting winds of a different Pacific cyclone) now stands at 114, with some 850 people still unaccounted for.

And finally, a mercifully short update on the various weekend travails of our disgraced, four-time indicted former President and GOP front-runner for their 2024 Presidential nomination. Donald Trump cancelled his promised Monday morning press conference when he vowed last week to present an "Irrefutable REPORT" on "Election Fraud" in Georgia in 2020, which would be "CONCLUSIVE" and offer "complete EXONERATION" following his criminal indictment on RICO charges [PDF] last week. Apparently, there is no such report. He also announced over the weekend that he was chickening out from participation in this week's GOP Presidential Primary debate in Milwaukee, and most others to follow. And, on Monday afternoon, his attorneys negotiated a $200,000 bond for his release after his surrender this week in Fulton County, GA, where he is accused of 13 criminal felony counts related to his attempted theft of the 2020 election in the Peach State...

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