We've been discussing for weeks (months, actually) on The BradCast how critical the November 8 midterm elections are to American democracy itself. I've even referred to it as the most critical midterms since the Civil War. Until recently, however, I had no idea how on the money that comparison actually is. [Audio link to full show follows this summary.]

In five states this year --- from so-called "red" states like Alabama, Louisiana and Tennessee to the theoretically liberal bastions of Oregon and Vermont --- slavery itself will be on the ballot. Seriously. Or, at least "involuntary servitude". What's the difference between that and slavery? Even our guest today, an expert on such issues, has trouble discerning that.

The U.S. Constitution's 13th Amendment, adopted in 1865 to end slavery, reads [emphasis added]: "Neither slavery nor involuntary servitude, except as punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

In other words, slavery was abolished --- except for prisoners, who may be forced into involuntary servitude as part of their punishment. It's a not-accidental loophole, you'll be shocked to learn, that has been disproportionately exercised historically against Black Americans.

In 2020, however, several Democratic members of Congress introduced a resolution to begin amending that part of the 13th Amendment. But changing the U.S. Constitution is a heavy lift that requires passage by two-thirds of each chamber of Congress and approval by three-fourths of the states. In the meantime, there are the exact same or very similar references to involuntary servitude --- or even slavery itself --- still present in a number of state Constitutions and/or statutes. And, this year, there are ballot initiatives in the five states mentioned above to finally change or remove those references entirely.

So, yeah. Ending slavery, at least in some state constitutions, at least for prisoners, is actually on this year's ballot as well.

We're joined today for insight by THEEDA MURPHY, Co-Director of the No Exceptions Prison Collective, a non-profit, grassroots initiative based in Nashville, TN, dedicated to, among other things, aboloshing slavery!

"Any type of forced labor is slavery. Period. And should not exist in the United States in 2022," Murphy explains, stating what one would think should be obvious. Surprisingly, it isn't. There are elected officials --- both Democratic and Republican --- who have offered various reasons to oppose such initiatives to rewrite the 13th Amendment and the state-based provisions which echo it. Most of their reasons have to do with assuring that cheap prison labor can continue, a $500 billion industry where the average pay is $1/hour. (Though that is, somehow, not considered slavery!)

Over the past two elections, in 2018 and 2020, three states, Colorado, Nebraska and Utah, adopted measures to ban involuntary servitude. A recent effort here in California failed to make it onto the ballot this year. But the hope of advocates like Murphy is that, with reform at the state level, interest may grow in a federal Constitutional amendment that finally ends what is known as the "Punishment Clause" or the "Exception Clause'. But there are other reasons to adopt such measures as well.

States where similar changes have been made, explains Murphy, "are beginning to have these discussions about what does it mean to now have people that cannot be treated like property, that the state no longer owns, and what that means for every aspect of a person who is incarcerated. Can you deny them healthcare? What kind of food do you feed them? Do you charge them for their clothes? Those are the kinds of questions that begin to be answered, or to be asked, because people are no longer property."

Murphy says that in her home-state of Tennessee, internal polling shows both Democrats and Republicans are "united" on the ballot measure this year. "Nobody is FOR slavery," she quips. "Nobody at least will come out and SAY they're for it."

Hey! Maybe we found at least one issue that doesn't divide Americans? We'll find out after next Tuesday.

In other noteworthy news today...

• After nearly four years of House Democrats attempting to exercise the federal law that mandates the IRS "shall furnish" the tax returns of any taxpayer to the heads of several Congressional committees upon request, Donald Trump is running out of legal (and illegal) options to block the Democratic-controlled House Ways and Means Committee from reviewing his tax documents. But, after the federal appeals court in D.C. unanimously said last week that the IRS must turn them over, Trump filed an emergency appeal to his stolen, packed and corrupted Supreme Court. Today, Chief Justice John Roberts placed a temporary administrative hold on the lower court's order, buying Trump at least 10 days while the House responds to the disgraced former President's motion. But now, every day counts, with the possibility of Democrats losing their majority at the beginning of next year, when Republicans will almost certainly drop the House request. The clock is ticking.

• In somewhat brighter related news, after a similar administrative hold by the corrupt Justice Clarence Thomas last week, the Supremes have decided that Trump ally Sen. Lindsey Graham (R-SC) must sit for a deposition with the Special Grand Jury created by Fulton County, Georgia District Attorney Fani Willis, in her investigation of the Trump-led conspiracy to steal the 2020 election in the Peach State. SCOTUS, however, has left open some doors for Graham to return to district court if he believes any of the questions he's asked violate his right to not answer questions related to his legislative activity as a Senator under the Constitution's Speech and Debate Clause.

• Finally, Desi Doyen joins us for our latest Green News Report, with a bit of bona fide good news --- in several different stories, in fact --- to wrap up today's program...

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Today on The BradCast, some help for voters in California trying to make sense of some of those confusing propositions on this year's midterm ballot, and some new worries for the entire nation when it comes to the GOP's vow to destroy the so-called "administrative state". [Audio link to full show is posted below this summary.]

We're joined today by DAVID DAYEN, investigative financial journalist, Executive Editor of The American Prospect and author of (most recently), Monopolized: Life in the Age of Corporate Power. We've got quite a bit to discuss with him today.

First, ride-share companies Lyft and Uber scammed California voters two years ago with the landslide passage of Prop 22, which the companies spent nearly $250 million to put on the ballot and misrepresent to voters. They claimed that their workers in the state should not be treated as employees under CA law --- with all the benefits that come with it --- but as a new type of independent contractor. The companies told voters that, under Prop 22, their drivers would make at least 20% above minimum wage (currently $15/hour in the state) and would receive other increased benefits for healthcare, etc.

Now, two years in, it turns out that Uber and Lyft drivers in CA are averaging just $6.20/hour. Dayen explains how that can possibly be, adding: "When you allow a corporation to set the terms of employment and to opt out of, in this case, the state system that governs employment arrangements, they're probably going to take advantage of it for their devices. And that's exactly what happened here."

This year, Lyft is supporting another CA ballot initiative, Prop 30, that would tax millionaires to help subsidize elective vehicles for their drivers and to fund CA firefighting efforts. The state's Democratic Party seems to believe them. The state's Democratic Governor Gavin Newsom, on the other hand, doesn't. What explains that? We try to figure it out.

But, more importantly, Dayen argues the entire matter is symptomatic of what he now sees as CA's "failed experiment with direct democracy" in its ballot initiative process. Can it be reformed to make it work for the people as intended? Or has it been irreversibly taken over by corporate interests who have learned how to purchase their interests into state law?

Also today, Dayen breaks down last week's stunning ruling by a three-judge panel on the hard-right 5th Circuit Court of Appeals (all three were Trump appointees), finding that the way Congress chose to fund the Consumer Financial Protection Bureau (CFPB) is, somehow, unconstitutional. The CFPB was created during the Obama Administration to protect consumers after the 2008 global banking crisis and subsequent Great Recession. It was the brainchild of Elizabeth Warren before she became a Senator. The Bureau is the only federal agency built and devoted specifically to protecting consumers, as opposed to corporations.

As Dayen explains, the court's ruling, if allowed to stand, would not only make the CFPB go away entirely (long a goal of Republicans), but also hundreds of regulations and consumer protections that the Bureau oversees. Moreover, if the judges are right about the funding mechanism for CFPB being unconstitutional, well then so is the funding for dozens of other critical federal agencies and programs!

"The logic of the 5th Circuit's ruling is that all of those other agencies [including the FDA] are also unconstitutional," says Dayen. "There are also a number of mandatory spending items in America that are not funded through the appropriations process. Social Security, Medicare, Medicaid, food stamps. The logic of the 5th Circuit's ruling is that all those things are all unconstitutional."

In addition to "this ruling defunding the police --- the consumer protection police" in a case brought by the rapacious payday lending industry, he details how this is the very definition of the GOP's years-long vow to "destroy the administrative state". In this case, as Dayen argues, there are also a bunch of protections for big banks that would be wiped out as well unless the ruling is overturned. So, maybe that little glitch will --- ironically enough --- help to save the CFPB.

One more matter we touch on with the author of Monopolized: Life in the Age of Corporate Power, the recently announced takeover of Albertsons by Kroger, which already owns Ralph's, Food For less, and many others as the nation's largest grocery store conglomerate. Albertsons is the second largest. They own Vons, Safeway and many others. In short, Kroger's takeover, if it goes through, would result in one company owning --- and having near monopolistic pricing power over --- more than 60% of the nation's grocery stores. As you might imagine, Dayen has a few warnings about this "very, very disturbing merger," but adds that he's pretty sure that Biden's Federal Trade Commission (FTC) "is going to take a healthy look at it."

Finally today, one more thought on one more initiative on this November's CA ballot, one which is likely to spread like a deadly virus to much of the rest of the country if successful here. Prop 31 would ban the sale of flavored e-juice for vaping and e-cigs in the state. The disingenuous claim by supporters is that flavors --- like the one that I used, espresso, to finally successfully quit smoking --- are attractive to kids. Prop 31 proponents argue this ban on flavored vape juice is needed to keep kids from vaping. But the fact is that kids are already banned from buying these products in CA! Instead, the ban would serve only to kill actual smokers by preventing them from switching to vaping, which scientists universally find to be far safer than smoking. More details in support of "NO" on CA's Prop 31 --- a maddening and deadly scam --- on today's BradCast...

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As noted on today's BradCast, we generally cover the track conditions of our elections more than the actual horse races. We do so again today. But, as it turns out, Dems have put up some pretty good horses this year. We cover a couple of them today as well. [Audio link to full show is posted below this summary.]

First, track conditions...

The corrupt, stolen and packed rightwing U.S. Supreme Court majority on Tuesday overturned an appeals court ruling which had found that both the landmark Civil Rights Act of 1964 and Pennsylvania law mandates that legitimately voted ballots may not be invalidated due to minor errors that are "immaterial" to determining voter qualification. In this case, the question was about absentee ballots where voters had forgotten to fill in the date on the ballot's outer envelope. The activists on SCOTUS, however, held today that such ballots may not be counted this November, despite the Civil Rights Act provision that previously ended the Jim Crow era's use of immaterial errors to invalidate perfectly legitimate votes.

Also, FBI officials say they have identified no credible threats to U.S. election systems this year, despite efforts by some foreign adversaries, including Russia, to sow doubt about fraud. But do these officials understand the actual threats now posed to our non-transparent, easily manipulated and error-prone computerized voting and tabulation systems? Do they appreciate the increased threat level thanks to recent breaches of election management systems by MAGA conspiracy theorists in several states following the former President's false claims of fraud?

While the Trump-appointed FBI Director Christopher Wray seems to falsely suggest there are similar domestic threats of violence from "both sides" following the 2020 election and the SCOTUS ruling on Roe v. Wade, the federal Elections Threat Task Force, launched last year by the Dept. of Justice, seems to finally be taking at least some action in response to the thousands of violent threats made by rightwingers against election officials and poll workers following the last Presidential election.

Next, horse races...

During a U.S. Senate debate in Ohio on Monday night, Democratic candidate Rep. Tim Ryan called out his Republican opponent, author J.D. Vance, for running a fake non-profit charity to support opioid addicts; defending January 6 insurrectionists; and for giving up his "dignity" to Trump who said about Vance at a recent rally in Youngstown: "All you do is kiss my ass to get my support," before Vance went on to pose for pictures with the disgraced former President. "Ohio needs an ass-kicker, not an ass-kisser," said Ryan in response.

In Wisconsin's U.S.. Senate race, Democratic Lt. Gov. Mandela Barnes was similarly ass-kicking in his debate against incumbent Republican Sen. Ron Johnson. Barnes called out the Badger State GOPer for supporting the January 6 insurrection while claiming to support police, despite the serious injuries to more than 140 law enforcement officials that day. Barnes also made clear he would vote to codify the rights of Roe v. Wade into federal law, and made a very impressive showing against Johnson.

Both races are currently neck and neck, and are among at least five Senate races this year (along with Pennsylvania, North Carolina and even Florida) where Dems have real shots at flipping currently GOP-held seats from "red" to "blue". That, by way of contrast with Republicans who are looking at just two states (Nevada and Georgia), where they stand any real chance, generally speaking, of flipping a Senate seat from "blue" to "red" this year --- at least if you have any confidence in this year's pre-election polling.

Finally...

Desi Doyen joins us for our latest Green News Report, underscoring, yet again, the stakes of this year's critical midterms following the devastation of Hurricane Ian in Florida; consequences of our worsening climate crisis around the world; and the Governor of California's new effort to hold Big Oil accountable for price gouging...

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IN TODAY'S RADIO REPORT: Floridians devastated by Hurricane Ian confront a housing shortage and toxic mold; Extreme heat and drought could render regions uninhabitable within decades, U.N. report warns; Australia to conserve 30% of its land to protect endangered species; PLUS: California weighs a windfall profits tax on oil industry price gouging... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Half of voters say climate change is important in the midterm elections, poll finds; The political impacts of rising gas prices; England's summer heat waves linked to record excess deaths among elderly; Heads Up. Red State Republicans Will be Wanting All You Damn Socialists to Cover Their #Climate Losses; How Biden's renewable energy magnetizes private capital investment; Nations agree to curb emissions from flying by 2050; Gray whale numbers along West Coast down nearly 40 percent since 2016... PLUS: Rounding out the story of three legendary boulders.... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Hurricane Ian causes widespread damage, smashes records as it pummels Florida; Sen. Joe Manchin's controversial permitting reform bill collapses in the U.S. Senate; PG&E under investigation for sparking yet another deadly fire in California; PLUS: Massive, mysterious breaches erupt on Russian natural gas pipelines to Europe... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Maps Show How Millions Of People Have Moved Into Hurricane Ian's Path; Mexico Is World's Deadliest Spot For Environmental Activists; Pivotal Supreme Court Term Begins With WOTUS War; Gulf of Mexico's largest coral sanctuary faces an extreme threat that’s mystifying scientists; Number of Americans Exposed to Harmful Wildfire Smoke Has Increased 27-Fold... PLUS: Feeling Overwhelmed About Going All-Electric at Home? Here's How to Get Started.... and much, MUCH more! ...

On today's BradCast: The story of why Americans are still paying the health care price (in both blood and treasure) in 2022 for "free market champion" Ronald Reagan's 1987 Executive Order that gave away the tax-payer store to Big Pharma. Plus, a bunch of other somewhat happier stories. [Audio link to full story is posted below this summary.]

First up today, an update in the still-broadening criminal conspiracy probe by Fulton County District Attorney Fani Willis into Donald Trump's many faceted and failed efforts to steal the 2020 Presidential election in Georgia. With 17 known "targets" in the probe so far, including Rudy Giuliani and 16 fake Trump electors, the prosecutor tells Washington Post in an exclusive interview that there will be more "targets" announced soon and that she believes some are likely "facing prison sentences." She has yet to decide if the former President will be among them, though, with dozens of witnesses who have already been subpoenaed and testified to her Special Grand Jury in Atlanta, Willis says the Grand Jury should wrap up by year's end. A decision whether to call Trump in to testify --- or declare him a target --- is likely "to be made late this fall," she says.

Next, now that far-right retired Brigadier General and dyed-in-the-wool conspiracy theorist Don Bolduc won the GOP nomination in New Hampshire this week to challenge incumbent Democratic U.S. Senator Maggie Hassan this November, he's...um...re-evaluating some of his previous positions. During a primary debate with fellow GOP candidates before the primary, he proudly denied Joe Biden's victory in the 2020 election. "I signed a letter with 120 other Generals and Admirals saying that Trump won the election and, dammit, I stand by my words!," Bolduc bravely declared to cheers from Party faithful. When asked about his position this week on Fox "News," however, after winning the GOP nomination, Bolduc hemmed and hawed his newly discovered belief after "a lot of research on this", finding the 2020 "election was not stolen" and that "President Biden is the legitimate President of this country." Granite Staters will undoubtedly fall for his pretend new "moderate" line, right?

Then, newly reformulated COVID vaccine booster shots from both Pfizer and Moderna, designed to combat both the classic coronavirus and several newer Omicron variants, are now available to the general public in the U.S. The White House and CDC are recommending Americans get the new shot by Halloween to lessen the chance of infection --- or killing your grandmother --- over Thanksgiving and Christmas holidays when a new surge is expected. (They also recommend getting a flu shot at the same time.)

But why are new COVID vaccines even necessary more than two years into the pandemic? One reason is thanks to the fact that, despite tens of billions of tax-payer dollars given by the federal government to private companies for the development of the life-saving vaccines, the private pharmaceutical giants who make them refuse to give up their patent and intellectual property rights to make the vaccines available to the world. That means new variants continue to emerge, leading to more infections and the need for updated vaccines and, yes, more profit for Big Pharma. It's a pretty nice deal...for them.

So, how did we get here? We're joined today by ERNEST A. CANNING, longtime legal analyst at The BRAD BLOG, who recently took a deep dive into a 1987 Executive Order by Ronald Reagan that gifted patents and profits that go with them to huge, for-profit pharmaceutical companies that used tax-payer dollars to develop their inventions. That, from the Republican idol who, ironically, once declared: "We who live in free market societies believe that growth, prosperity and ultimately human fulfillment, are created from the bottom up, not the government down."

The pharmaceutical industry may disagree, even if they won't say so out-loud. "No matter how big a company and how much money was poured in by federal government for research and development, the patent would belong to the giant company," Canning explains. "We've been paying, just in general research, about $28 billion in pharmaceutical R&D every year." Given the "value of those patents," he notes, "we're talking trillions of dollars in a gift, not just tens of billions."

He also explains how all of this came about (beginning with Jimmy Carter) and why its now so difficult for Joe Biden to merely repeal Reagan's Executive Order in regard to the COVID vaccines.

But Canning also offers some brighter news related to patent abuse by Big Pharma, which he also recently wrote about at The BRAD BLOG. In a landmark initiative, the state of California is now fighting back. Democratic Governor Gavin Newsom recently announced the state will begin manufacturing insulin and will make the hundred-year old drug available for just slightly more than it costs to produce. Canning explains why that has become necessary as Big Pharma takes advantage of loopholes in Intellectual Property laws to bilk diabetics with outrageous prices for the inexpensive, life-saving medicine.

Finally, a private company that is --- shockingly enough --- apparently doing the right thing for the country and the world. (What?!) The family that owns outdoor gear brand Patagonia, headed up by its 83-year old founder, announced this week that they will be "making Earth our only shareholder". While the company will remain a for-profit entity, currently valued at around $3 billion, it will now begin giving away all profits --- about $100 million a year --- to two newly created entities, a trust and a non-profit, both devoted to combating our climate crisis.

(Any chance we can coax Patagonia into the pharmaceutical business while we're at it?!)

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We've got a lot of news, both good and not as good, for labor on today's BradCast. Also, some results of some pretty crazy primary contests on Tuesday from the final three states to hold primary elections this year before November's critical midterms. [Audio link to full show is posted after this summary.]

First up, those primary results in Delaware, Rhode Island and New Hampshire. After a couple of races in DE and RI, we hit the most notable on the night, coming out of the Granite State, where Republican voters have elected another hard-right, conspiracy theorist and election denying loon as their nominee in a U.S. Senate race they might have been able to easily win this fall with a non-insane candidate. Instead, retired Army Brigadier General Don Bolduc --- who wants to abolish the FBI and the 17th Amendment (the direct election of U.S. Senators) and has described the state's popular, relatively moderate Republican Governor Chris Sununu as "a Chinese communist sympathizer” --- will now take on New Hampshire's incumbent Democratic Sen. Maggie Hassan in November.

Two hard-right Trumpers also won the GOP nominations for the NH's two U.S. House Seats, each currently held by Democrats. We take a bit of time today to focus on Karoline Leavitt, the apparent winner of the Republican nod in the NH's 1st Congressional District, where she will fake Democratic Rep. Chris Pappas after winning her upset victory against establishment-preferred Trumper Matt Mowers. The 25-year old Leavitt (who, mark my words, will be a new GOP star whether she wins or loses), previously worked in the Trump White House and has clearly taken on the hard-right mantle and obnoxious manner of her former boss. That resulted in an extraordinarily ugly primary battle between her and fellow Trump Administration colleague Mowers for the nomination and the title of who was the Trumpiest of them all. In both the Senate and House GOP primaries, the candidates preferred (and heavily invested in) by Mitch McConnell and Kevin McCarthy lost. Democrats are likely just fine with the results.

Then, railroad workers appear to be ready to go on strike as of 12:01am on Friday, over the horrific working conditions they have been required to endure for years. We detail some of those terrible conditions in advance of what could be a wildly disruptive and expensive work stoppage in advance of the midterm elections, with some 57,000 workers now set to strike barring a breakthrough.

Next, we're joined for some significantly more positive labor news today by The American Prospect's longtime Editor-at-Large, HAROLD MEYERSON to discuss what he describes as a "groundbreaking" new labor law in California to improve the wages and working conditions of some 550,000 fast-food workers in the state. The measure was signed last week, on Labor Day, by the state's Democratic Governor Gavin Newsom.

In addition to setting a $22/hour minimum wage for the state's half-million fast-food workers (adjusted annually to keep up with the consumer price index), AB 257 also mandates the creation of a 10-person Council to oversee working conditions in the sector statewide. The Council, as Meyerson reported recently at The Prospect, would include "two representatives of franchise owners, two from the corporate chains, two fast-food workers, two fast-food 'advocates' (likely SEIU), and two who are the governor’s appointees to head labor-related state agencies."

"It's been really groundbreaking," Meyers explains today, "There's been nothing like it, really, in American history. It sets up what's called sectoral bargaining, in which representatives of workers in an entire industry sit down with representatives of management in the industry, and in this case, with a couple of state officials, as well. And they set standards for the industry...to craft wage and benefit and workplace safety and other standards for every worker in a chain fast-food outlet in California that has at least 100 outlets nationwide. So McDonalds, Jack in the Box, Starbucks, you name it."

That is a huge victory for labor groups like the Service Employees International Union (SEIU), and is likely to bring positive change for workers faster than otherwise unionizing hundreds of Taco Bell shops, one at a time.

Along with a helpful dose of American Labor history, Meyerson details how "sectoral bargaining is actually fairly common in Western Europe [where] it evolved on top of a much higher level of unionization of their workers than we have here in the United States." For now, however, as the SEIU has been fighting for a decade to unionize fast-food shops and establish a $15 minimum wage for their workers, the CA state effort is indeed both progressive and ground-breaking.

Of course, that means that an effort is already under way by the franchise industry and other wealthy business interests to shut the whole thing down. If the anti-worker forces in the state can collect enough signatures in the next several months, they can prevent the measure from going into full effect until voters decide on it via a 2024 ballot initiative. Otherwise, as Meyerson explains, "the law goes into effect. They can always then put an initiative on the ballot [in 2024 anyway], but at that point they would effectively be demanding a wage cut for half a million workers and their families."

All of this comes as a new Gallup survey found that, as of Labor Day, support for unions was at 71% among Americans, a nearly 60-year high. That, paradoxically, as just 6% of workers are currently in private unions. Yet, approval for labor unions hasn't been this high since 1965. Interestingly, when Gallup began their annual survey in 1936, amid the Great Depression, approval for labor unions was only one point higher, at 72%.

Lots to digest, I suspect, on today's BradCast. Buckle up...

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We should be both relieved and outraged!

Relieved that, earlier this month, the Center for Disease Control (CDC) and Food & Drug Administration (FDA) approved a new round of booster shots specifically re-designed to address new variants of the deadly COVID virus.

Outraged because, despite the expenditure of tens of billions of U.S. taxpayer dollars on research and development (R&D), the pharmaceutical industry's refusal to waive its "gifted" patent rights prevented a global rollout of the COVID vaccines. In turn, that refusal resulted in the need for the new booster shots.

Outraged because the industry's refusal to waive their patent rights has produced "excess mortality" with COVID that, as of the beginning of this month, has killed at least 6.5 million people worldwide, with no end in sight.

Outraged because this will, in all likelihood, not be the last newly reconstituted booster shot needed. It is the considered opinion of two thirds of the world's epidemiologists that the failure to provide global vaccinations will give rise to mutations that "could render current COVID vaccines ineffective."

And, yes, the patent rights were, indeed, a gift --- from the United States to the Pharmaceutical Industry...

The three states carrying out the final midterm primary elections of the year on Tuesday offer a great side-by-side comparison of voting systems on today's BradCast, from the very best to the very worst in the nation. Also, Sen. Lindsey Graham offers an example of the GOP's very worst politics, even as it is likely to work out for the very best for Democrats. [Audio link to full show is posted below this summary.]

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

• Why Delaware's so-called "hybrid" Ballot Marking Device (BMD) system made by ES&S and forced on all voters in the state at the polls, places the tiny state in contention for having the very worst voting systems in the country. You'd think they would realize that a 100% unverifiable touchscreen system that prints voters' selections on a paper ballot for them is already a terrible idea. But one that allows the computer to secretly reprint a voter's ballot --- allowing it to add, change or delete votes --- after voters think they've already approved their computer-marked ballot, is unspeakable stupid. That said, the system's "Permission to Cheat" feature is arguably even worse.

• Contrast DE's voting system with New Hampshire and Rhode Island's fully verifiable hand-marked paper ballot system. They, along with DE are also holding primaries today. But in about 40% of NH towns, they go even further in respecting voters by hand-counting all hand-marked paper ballots at the polling place, in public, as soon as polls close and before ballots are moved anywhere. That would be Democracy's Gold Standard. RI, in the meantime, tallies all ballots by computer, but at least (unlike in DE), they're hand-marked ballots, so can be known to reflect the intent of the voters. Well, most of them, anyway. As discovered during the early voting period in four towns, candidates from 2018 appeared on the 2022 touchscreen ballots for some voters who chose to use the state's new BMD systems, made available at the polls for optional use by disabled voters.

• Next, a follow-up to our conversation last week with Marilyn Marks, Executive Director of the Coalition for Good Governance, which is suing Georgia and its Sec. of State Brad Raffensperger, hoping to ban the state's 100% unverifiable touchscreen BMD voting systems in favor of hand-marked paper ballots. Marks was on the show to discuss the security camera surveillance video she unearthed in her federal lawsuit last week, revealing a bunch of Team Trump MAGA Republicans being allowed in to the Coffee County, GA election office last year to unlawfully breach the state's Election Management System software made by Dominion. The breach, as we discussed, was covered-up by Raffensperger, even though the Trumpers copied, stole and shared the critical software with others. That makes the 2022 and 2024 elections in the state (and elsewhere, where the same systems are used) uniquely vulnerable to malware and manipulation, given that Coffee County's system is connected to the state system, which programs all of the identical systems that Raffensperger forces every county in the state to use.

  Shortly after Marks' appearance on the show last week, a hearing was held in her federal lawsuit, and the judge inquired as to how the Coffee County breach relates to the plaintiffs' complaint. One of their attorneys, David Cross, gave a brilliant explanation in response (see transcript here, beginning on page 4), ending his remarks on the matter with a fantastic metaphor: "If we're going on a skydiving trip and we saw a bunch of bad actors unpack our parachutes, take them all apart, and then repack them and put them back and we learned that when we were on an airplane and if the pilot said to you, it is probably fine, your parachute is probably fine, just go ahead and jump and we'll find out when you're in the air, no one would jump out of that plane.

  "That is where we are," Cross added. "It is not an exaggeration. We have lots of people who are widely considered bad actors because of the lies that they spread about the 2020 election who had unmitigated access to the election system --- not pieces, not disconnected pieces --- the actual system in practice for the better part of two weeks. And we don't know what all they did. But we do know what they could have done. And it is not satisfactory to tell voters, 'Let's just hope the system works, and we have begun an investigation in the last couple of weeks, let's hope that that doesn't find that the system doesn't work.' That, Your Honor, we don't think is an appropriate way to proceed. And that is why this is so critically important for our claims."

• In what ought to win an award for worst, most tin-ear politics of the century, so far, Sen. Lindsey Graham (R-SC) introduced a bill today to ban abortion after 15 weeks of pregnancy in all 50 states. States that wish to go further, however, by banning abortions all together, are more than welcome to do so under his nationwide bill. So, this measure --- deceptively being sold by Graham as a "late-term" abortion --- would largely only affect "blue" states where privacy rights and reproductive freedoms are still respected. The bill, which Graham's own Republican Party is already furious about, comes after the GOP's corrupted, stolen and packed (with Graham's help) U.S. Supreme Court overturned Roe v. Wade in June and just weeks after Graham previously said he believes "states should decide the issue of abortion." Turns out that was just another pathetic lie from one of the nation's most pathetic U.S. Senators.

• Speaking of the corrupted U.S. Supreme Court (and tin-ears), Chief Justice John Roberts offered his first public remarks last Friday since his Court overturned Roe. He blasted those who question the legitimacy of the Court because they disagree with its decisions. "Simply because people disagree with an opinion is not a basis for criticizing the legitimacy of the Court," the Chief Justice said, completely missing the point. Over the weekend, the much-missed former Sen. Al Franken (D-MN) appeared on CNN to debate Roberts' remarks with GOP strategist April Stewart. As you'll hear, it did not go well for Stewart.

• Finally, Desi Doyen joins us for our latest Green News Report, as a hurricane finally ends California's record heat wave; reactors are finally shut down at Ukraine's besieged nuclear power plant; a showdown finally looms in Congress over energy permitting; and a climate champion finally ascends to become King of Britain...

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IN TODAY'S RADIO REPORT: Torrential rains break historic California heat wave, capping Summer of Extreme Heat in the Northern Hemisphere; All reactors shut down at besieged Ukrainian nuclear plant; Will climate champion Charles muzzle his advocacy as King?; PLUS: Looming showdown over energy permitting reform in Congress... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Four major climate tipping points close to triggering (study); Summer is ending, but climate disasters keep coming; New study more than triples estimated costs of climate change damages; Air conditioning has a climate problem. New technology could help; Video games get a new boss monster: Climate change; Energy crisis pushes Europe toward pricing experiments;
On Facebook, misleading coverage of California's energy woes overshadowed extreme climate-driven heat... PLUS: The biggest permitting reform would be more money.... and much, MUCH more! ...

Since I kept my whining about the endless heat wave out here in Southern California to a minimum for a change on today's BradCast, I'll do so here instead. The record heat continues. And with no air conditioning at BRAD BLOG World News Headquarters, I only have the strength to muster up some quick links to some of the many stories covered on today's show. Tune in for details! [Audio link to full show follows this summary.]

• Britain's longest reigning monarch, Queen Elizabeth II, is dead at age 96 after her 70-year reign.

• A new Reuters poll find a large majority of Americans (nearly 60%) regard Trump's MAGA movement as a threat to the nation's democratic foundations. But only about 25% of Republicans agree.

• Trump's sleazy former advisor, MAGA swami, and convicted federal criminal Steve Bannon is indicted on 6 criminal counts in New York for money laundering, conspiracy and fraud related to siphoning hundreds of thousands of dollars from the nonprofit "We Build the Wall" campaign. The campaign was supposedly created to construct some border wall between the U.S. and Mexico. Bannon and the group's founders promised they wouldn't take a penny. They lied. Bannon was pardoned by Trump on his last day in office for similar charges at the federal level brought by Trump's own Department of Justice.

• The federal grand jury investigating the January 6, 2021 insurrection at the U.S. Capitol has now reportedly widened its probe to include Trump's scammy Save America PAC. While the political action committee has raised more than $130 million from its duped donors, theoretically to contest the results of the 2020 election, most of the money has gone unspent or, apparently, into the pockets of Trump and his family.

• The same federal grand jury has also now subpoenaed Trump's 31-year old personal aide, William Russell, who worked with him at the White House and has continued to do so since the disgraced former President left office. He is very close to Trump. He likely knows a lot of stuff.

• CNN's investigative unit on Wednesday published a detailed, lengthy story on GOP leaders in Wayne County (Detroit), Michigan caught on video tape teaching pollworkers how to break the rules on behalf of Republicans. We share the version of the story from CNN's Drew Griffin which ran last night on the cable net.

• BREAKING mid-show: Michigan's Supreme Court will allow an initiative on this year's midterm ballot for a state Constitutional amendment that would protect abortion rights in the state. Republican members of the state canvassing board had blocked the proposal --- which had been supported by a record 750,000 signatures --- from the November ballot because, they claimed, there wasn't enough spacing between words on the petition. Seriously. That, after Republicans pretended to believe, following the corrupt Republican U.S. Supreme Court majority overturning Roe v. Wade earlier this summer, that reproductive rights should be decided by the people of the states.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the historic heat wave in the U.S. West; new threats by Russia to shut off energy exports to Europe; a massive climate change-fueled humanitarian crisis in Pakistan amid record flooding; and more...

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IN TODAY'S RADIO REPORT: Historic heat wave strains electric grids in the U.S. West; Russia issues new threat to shut off energy exports to Europe; PLUS: Humanitarian crisis unfolding in Pakistan amid catastrophic flooding... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Costs of climate change far surpass government estimates, study says; Rising seas could swallow millions of U.S. acres within decades; Thwaites 'Doomsday Glacier' Disintegrating Faster Than Thought; What do we put in the future billions of air conditioners and heat pumps?; Bird Flu Found in Dolphin in Florida and Porpoise in Sweden; How automakers insidiously shaped our cities for cars... PLUS: It Wasn’t Just Oil Companies Spreading Climate Denial --- Utilities Knew, Too.... and much, MUCH more! ...

We were on this story very early. Happily, more and more of the corporate media are finally covering it. But they still do not seem to be fully grasping --- or, at least, reporting on --- what now appears to be Georgia's Republican Secretary of State Brad Raffensperger clearly covering up election related crimes carried out by Team Trump and the MAGA crowd. We've got new evidence to support that charge on today's BradCast, as Raffensperger runs against Democrat Bee Nguyen for re-election this fall, hoping to win the MAGA vote after previously refusing to help them steal the 2020 Presidential election. [Audio link to full show is posted below this summary.]

But first today, an update on the record heat wave still lashing much of the U.S. West for a second week. On Tuesday, amid record temps (the state's capital city topped out at 116 degrees!) electricity demand surged along with the possibility of blackouts in California. But, following a cell phone warning from public officials, state residents answered the call to reduce usage. Demand reportedly plunged in response. Blackouts averted. For now.

It may take a hurricane to end this seemingly endless heat wave (it's also of record duration) by week's end, even as "extremely critical" warnings of wildfire risks are issued in almost a dozen states from the U.S. Northwest to the upper Great Plains. Record temps and wind gusts of up to 60 miles per hour could slam several states this week amid tinder-dry conditions that could spark uncontrollable new fires. Some 54 million people are currently under heat warnings and advisories as our climate emergency worsens in late summer.

Meanwhile...on the other side of the nation, Massachusetts' Democratic Attorney General Maura Healey will face Trump-backed, election denying, abortion opponent Geoff Diehl in this November's race for Governor, as moderate Republican Gov. Charlie Baker has opted against seeking a third term in the otherwise very liberal state. That's one of several general election contests determined by voters during Tuesday's primaries in the commonwealth. Tune in for more noteworthy results ahead of next week's final primaries of the season in Delaware, New Hampshire and Rhode Island.

Then, yup, we're going back to Georgia...

Back in May, we broke the story of what appeared to be a very serious breach of voting system security in Georgia's rural, Republican-leaning Coffee County. The news was based on a recorded phone call from one of the participants in the breach, seemingly confessing to the crime or bragging about funding the scheme to make unlawful copies of Dominion Voting System's sensitive Election Management Software following the 2020 election. The call, from Atlanta businessman Scott Hall, was recorded by the plaintiff in a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to force the state to move from 100% unverifiable touchscreen voting systems to verifiable hand-marked paper ballots.

That plaintiff was MARILYN MARKS, our guest once again today. She is a longtime election integrity champion and founder of the nonpartisan, nonprofit Coalition for Good Governance. After sharing that recorded phone call in May, she also joined us in June, after claims by Raffensperger that his office had been investigating the security breach at the Coffee County Board of Elections. In fact, as Marks noted at the time, she had been able to find no evidence whatsoever of an official probe by the Secretary's office into what we have now learned was part of a multi-state coordinated effort shepherded by Trump attorney Sidney Powell to make copies of voting systems software in Georgia, Michigan, Colorado and Nevada.

In at least the first three of those states, we now have evidence of MAGA sympathizers unlawfully creating hard drive images of voting systems, which were later released in various, dangerous ways to the public. As Marks points out today, law enforcement officials and Democratic Secretaries of State in Michigan and Colorado are carrying out serious criminal probes into the matter. Tina Peters, a Republican County Clerk in Mesa, Colorado, for example, has already been indicted on 10 criminal counts related to illegal hard drive copies. In Georgia, however, Raffensperger's office has either lied about their investigation or otherwise covered-up the entire matter.

That cover-up has now become considerably more difficult for Raffensperger, thanks to security camera surveillance footage subpoenaed by Marks in her federal lawsuit. On Wednesday, Washington Post, CNN and AP all ran detailed investigative stories on the Team Trump characters seen on video tape entering the Coffee County Board of Elections office on January 7, 2021 (the day after the insurrection at the U.S. Capitol), to scan and image hard drives and ballots. That, after several of those folks --- including the Chairs of both the Board of Elections and the County Republican Party --- appear to have lied about their involvement in the scheme during depositions in Marks' lawsuit.

Also discovered from that footage: Doug Logan, the CEO of the now-defunct Cyber Ninjas --- the outfit that ran the phony "audit" in Maricopa County, Arizona after the 2020 election, ultimately confirming that Joe Biden defeated Donald Trump in the state --- is seen entering the Coffee County Board of Elections over several different days, for hours at a time, for reasons still unknown.

Raffensperger's office, of course, could have obtained that security camera footage themselves at any time over the past year and a half, if they were really investigating this very serious breach. (Marks explains on today's show why it's so serious in advance of both 2022 and 2024!) And, while AP recently reported that Ryan Germany, the general counsel for the Secretary of State's office, claimed the office had opened an investigation into the matter in March this year, Raffensperger's top deputy, Gabe Sterling, appeared on a "Restoring Confidence in American Elections" panel at the Carter Center in Atlanta in April and denied anything happened in Coffee at all!

"We have claims, even recently, there was people saying 'We went to Coffee County and we imaged everything,'" Sterling said. "There's no evidence of that. It didn't happen."

Well, thanks to the newly obtained surveillance footage, we know Sterling was wrong. It did happen. And, surely Sterling would have known that by April, given that his office claimed to have begun their investigation a month earlier. Was he lying? Or did Raffensperger's top lieutenant just not know? "We do know he was not telling the truth," Marks politely notes today.

As to whether Raffensperger is carrying out a cover-up, she tells us, "It certainly doesn't look like a sincere effort to have a diligent investigation." She compares the situation to what's going on in Michigan and Colorado. "The Attorneys General and the state election officials went after the perpetrators who did that," Marks explains. "There's a special prosecutor with nine targets [in Michigan,] five of them are involved in Georgia. But none of them have been interviewed in Georgia." She charges that in Georgia, Raffensperger "does not seem to want to know --- the Secretary and the State Election Board --- neither seem to be terribly interested."

Oh, and at least one more critical point today: Raffensperger's office has finally opened some sort of investigation. How do we know? Because they have issued at least one subpoena in the matter...to Marilyn Marks!

She explains that and much more in our conversation today as the Coffee County Cover-Up continues to be uncovered, thanks to her.

Finally today, a step or two closer to at least some real accountability for Team Trump. Last week, former Trump aide Steve Bannon's motion for a new trial, after being convicted of two counts of Contempt of Congress, for failing to respond to a lawful subpoena from the House J6 Committee, was rejected by the judge. His sentencing is now scheduled for October 21.

And, more bad news for Bannon. On Wednesday, several media outlets are reporting that he has been indicted on fraud charges in New York, related to stealing at least a million dollars from the "We Build the Wall" scheme, which raised $25 million to build a bit of barrier on the U.S./Mexico border. He was charged federally for the same crime before being pardoned for it by Trump. He will reportedly turned himself over to authorities in Manhattan on Thursday, as the indictment is unsealed...

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Like it or not, we're back on today's BradCast after a much-needed week off! And, as it turns out, we've got plenty to talk about. [Audio link to full show is posted below this summary.]

Among the huge number of stories covered on today's show, as we try to get caught up with both what we missed and what's still unraveling today...

• It's hot here in Los Angeles. Really hot. A record heat wave (in both intensity and duration) now stretches from Southern California all the way up into Canada. And, no, it is not normal. (Or at least it didn't used to be.)

• It's also not normal for Mississippi's capital city of Jackson to have no water for drinking, bathing, flushing or even fighting fires. But it was predictable. That's what happens when you lower taxes and defer maintenance on critical infrastructure for decades before a warming climate dumps tons of rain to knock your water systems offline entirely. Now the state's Republican Governor (who has been instrumental in deferring that maintenance), is discussing privatizing the water system. As of Sunday, in any event, water pressure is finally returning to residents after a full week without, and about a month of boil water notices prior to the outage.

• Some good news following Labor Day: Public approval of labor unions, at 71% of the American people, is now the highest it has been since 1965, according to Gallup. That's a 7-point spike in their pre-Labor Day survey since the pandemic began and a more than 21-point jump since 2009. And, as we discuss, that's all good news for both union workers and non-union workers alike!

• A judge in New Mexico has ordered Cuoy Griffin, co-founder of Cowboys for Trump and an elected Otero County Commissioner, immediately removed from his post for violation of the U.S. Constitution's "Insurrectionist Disqualification Clause". Griffin, who was convicted of participating in Trump's January 6, 2021 insurrection at the U.S. Capitol, is the first public official to be removed from office since 1869 under Section 3 of the 14th Amendment.

• There is new evidence out of Coffee County, Georgia today --- including security camera surveillance video gathered via a federal lawsuit against Sec. of State Brad Raffensperger to block use of his unverifiable touchscreen voting systems --- revealing that rightwing MAGA Trump supporters lied about unlawfully breaching and making copies of the County's voting system software after the 2020 election. The long-running lawsuit was filed by Coalition for Good Governance founder Marilyn Marks, a regular guest on this program. She originally broke the Coffee County voting system software breach story on this show some months ago, along with detailing Raffensperger's clumsy, months-long efforts to cover-up of the entire boondoggle. More details on that story coming soon!

• In the second-to-last primary day of the midterm election season, voters in Massachusetts are selecting party nominees for the contest to succeed the state's popular, outgoing Republican Governor in the otherwise liberal-leaning state. As in Maryland in July, the choice on the GOP side in MA is between a Trump-backed election denier and an otherwise normal-ish Republican candidate. In MD, the Trump-backed loon won, likely handing Governor's mansion to the Democrats this fall. Will the same thing happen in MA? Tune in tomorrow!

• While we were out, Alaska's embarrassing former Republican Governor Sarah Palin, did not win the Special Election for the state's only U.S. House seat. After a Ranked Choice Voting election featuring two Republicans and one Democrat, the Democrat, Mary Peltola was elected to fill the seat occupied for nearly 50 years by the late Republican Rep. Don Young. She'll serve the rest of Young's term through the end of the year and becomes the first Alaska Native elected to Congress. The same three candidates, and one other, will square off in another RCV election in November for a full term beginning in January. Hopefully Palin will continue her losing streak.

• Also, while we were out, the President of the United States found it necessary to offer a prime-time address to warn of the rising menace posed to democracy itself by Donald Trump and his supporters. Joe Biden was, of course, both correct and accurate in his remarks outside of Independence Hall in Philadelphia, highlighting the fact that democracy itself will be on the ballot this fall and the threat that demagogues from the right now pose to our nation. "What’s happening in our country today is not normal," he said, though corporate media outlets seemed to have a tremendously difficult time simply pointing out how Biden's assertions were demonstrably true. By way of just one example, after a Trump rally in Pennsylvania over the weekend, in which an invited speaker discussed support for January 6 insurrectionists, including her nephew, who is literally a Hitler fan, USA Today's Francesca Chambers actually said: "President Biden and former President Trump are having some difficulties when it comes to optical issues both could have avoided." (!!!)

• Finally today, some thoughts on the Trump-appointed federal judge in Florida who, on Monday, issued an absurd ruling ordering a Special Master to review thousands of pages of highly classified and other stolen government documents obtained by the FBI during its federal court-ordered search of Donald Trump's home at Mar-a-Lago last month. The ruling by Judge Aileen Cannon --- to appoint a Special Master to examine the documents for both executive privilege (which hasn't been claimed by Trump, and can only be asserted by Biden) and for attorney-client privilege --- was ridiculous and absurd on several counts and yet still somewhat less of an outrage than many have characterized it to be over the past 24 hours. We explain why.

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The state of California is embarking on a ground-breaking effort to manufacture and distribute a life-saving drug. The plan also deals a first major blow to private pharmaceutical companies that have long abused the nation's legal system for profit at the expense of the health of the citizenry.

"On my first day in office I signed an Executive Order to put California on a path towards creating our own prescription drugs," Democratic Governor Gavin Newsom declared in a July 7 video posted to Twitter, referencing his inauguration promise in January of 2019. "And now it's happening".

Newsom's statement came in the wake of his approval of a Golden State Budget Proposal that will invest $50 million into development and $50 million more into a State-owned facility that will manufacture and distribute generic (aka biosimilar) insulin to Californians at slightly above cost.

If it succeeds, California, which has the world's 5th largest economy, will not only become the first State, but also the only government, other than Cuba, to embrace the socialized production of generic medications. (Although Cuba develops and manufactures its own generic medications and provides free "preventative medical care, diagnostic tests and medications for hospitalized patients", Pharmacy Times reported, "Cubans pay out-of-pocket for outpatient medications.")

California's progressive Democratic Governor pointed to the extraordinarily high cost of insulin as a form of "market failure" that justifies his embrace of socialized medications. His decision to allow the Golden State to produce its own generic insulin also highlights the immoral manipulation of the nation's patent laws by for-profit drug companies...