Today's BradCast is dedicated to the protester Davids who defeated a fossil fuel Goliath after a 13-year fight to help save us all. Thank you, protesters! And please keep going! Humanity needs you! [Audio link to full show is posted below summary.]

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

• It was a huge, hard-fought, well-deserved win for the unprecedented coalition of environmentalists, tribes, scientists, farmers, ranchers, and even a few journalists, behind the defeat of TC Energy's enormous, dangerous KeystoneXL Pipeline. For 13 years, the company, formerly known as TransCanada, had fought to build a 1,200 mile pipeline to send 830,000 barrels each day of toxic, sticky tar sands crude from Alberta, Canada to refineries in Texas for export overseas. For 13 years, protesters stood up against the project, which threatened rivers, streams, native lands, farms, drinking water aquifers and the climate itself. One of the nation's greatest climate scientists James Hansen warned in 2012 that if the Alberta tar sands are full developed, via projects like KXL, it would be "game over for the climate". After President Obama canceled the pipeline's permit due to the damage it would cause for the environment via climate change, it looked to be game over for KXL itself. But then Donald Trump got elected and reversed Obama. When Joe Biden took office, he cancelled the permit once again as one of his very first actions, and has refused to back off, despite pleas from both Canada and the company. On Wednesday, TC Energy finally gave up the game. The KeystoneXL Pipeline is now really, truly dead. We all owe the coalition of protesters and activists a huge thanks. But the fight now continues elsewhere...

• In Minnesota this week, a similar coalition of activists stood up demonstrations against another Canadian company named Enbridge Energy, which is replacing a 1960's era pipeline called Line 3, said to be deteriorating and unable to operate at full capacity, with a steel reinforced pipe the same size as KXL's. Also like KXL, the upgraded Line 3 would also pump more than 800,000 barrels a day across thousands of rivers, streams and native lands from the Alberta tar sands to Wisconsin. So the protesters are back at it. Hundreds were arrested during protests this week, even as a helicopter from the federal Border Patrol (unlawfully?) buzzed over them from about 20 feet, kicking up dust and debris on more than 1,000 peaceful demonstrators. They are calling for President Biden to take similar action on Line 3 that both he and Obama took in lifting permits for KXL. The Administration has yet to take a position on Line 3, but protesters are back at it, with some blocking off the entrance to a construction site this week, by parking --- and spending the night chained to --- a boat named "Good Trouble" that they parked in front of one of the Enbridge construction sites. We cover that critical new battle today.

• These actions to save the environment are for good reason, as we are currently seeing very clearly in the Southwest, which is facing another record "megadrought" right now. Lake Mead --- the nation's largest reservoir, which provides water for agriculture and human consumption to seven states --- is at its lowest level since it was built in the 1930s. Water cutbacks are already in place and likely to become much more severe by August if the lake's level, which sits on the border of Nevada and Arizona continues to drop. More than 86% of AZ is already under "extreme" or "exceptional" drought. Power supplies in the region are also likely to be affected, as Mead supplies water to Hoover Dam, which has already cut back electricity generation due to the low water levels. In California, reservoirs are now at 50% of normal capacity, with mountain snow-pack already gone two months earlier than normal, vegetation moisture at record lows, Summer just beginning and fire season set to begin as early as this month. All of this, thanks in no small part to man-made climate change due to the burning of fossil fuels like the ones that won't being flowing through the KeystoneXL and --- if environmentalists win more battles --- through massive pipelines like Line 3 or Dakota Access. This fight matters. Not only for the future, but for the immediate present, as those of us out West can attest right now.

• Meanwhile, overseas, President Biden is kicking off his first trip as President, meeting with British Prime Minister Boris Johnson today, after speaking to U.S. troops about the importance of reinforcing democracy over rising autocracy upon his arrival in Europe yesterday. Johnson warmly welcomed Biden as the two leaders today reaffirmed their nations' "special relationship" by renewing the World War II era Atlantic Charter signed by FDR and Winston Churchill.

• BoJo wasn't the only one to welcome America's new President. A new survey out today from Pew Research Center underscores the support by the publics of 16 economically developed nations who couldn't be happier to see Biden in place rather than Trump, after trust in the U.S. overseas fell to historic lows under the previous President. We cover some of the striking numbers from Pew today, including, for example, the 75% of respondents who express confidence in Biden to "do the right thing regarding world affairs", versus the paltry 17% in the same countries who thought as much about Trump. Overall favorability for the U.S. skyrocketed 23 points since last year, but other numbers from the survey suggest the U.S. still has a long way to go to in restoring their leadership role after damage done to the nation and the world during Trump's failed tenure.

• Texas' corrupt Attorney General Ken Paxton is facing still more trouble. Sad! The state's top law enforcement official is already facing multiple indictments on felony securities fraud in Texas, even as the FBI is now investigating him for abuse of power, following a complaint to the feds by eight of his own top staffers. Now, as AP reports in an exclusive today, Paxton is also in trouble with the Texas Bar Association, which is investigating a complaint brought after the frivolous lawsuit he filed at the U.S. Supreme Court last year to overturn the Presidential election results in four states won by Biden. That case --- which the state's own solicitor general refused to represent at SCOTUS --- was thrown out by the high court. Now Paxton faces potential disbarment in the Lone Star State, even as he faces a primary challenge from George P. Bush (Jeb's kid) before next year's election.

• Finally, Desi Doyen has more on both the KeystoneXL victory and Line 3 protests in our latest Green News Report, with still more news on the G7's feeble efforts to support renewable energy last year and the collapse --- and restart --- of Biden's negotiations with Congressional Republicans on his massive and long-overdue infrastructure proposal...

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IN TODAY'S RADIO REPORT: Finally! Hard-won victory for tribes and environmentalists as controversial Keystone XL pipeline is actually dead; Mass arrests at Line 3 pipeline protest in Minnesota; G7 spent $50 billion more on fossil fuel projects than renewable energy in 2020; PLUS: Biden's infrastructure talks with Republicans collapse, and start all over again... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Alaska Native Corp. To Protect Its Land, Deals Blow To Pebble Mine; Amid Mega-Drought, Rightwing Militia Stokes Water Rebellion in West; Canada Launches C$647 Million Bid To Avert Pacific Wild Salmon Collapse; B.C. Agrees To Defer Old-Growth Logging For 2 Years In Fairy Creek Area; Red States Warn of ‘Collusive’ Tactics by Biden in Kids' Climate Case... PLUS: Oregon House Moves To Curb Forest Institute’s Power and Budget in Wake of Blockbuster Investigation... and much, MUCH more! ...

It's turning out to be Policing Week on The BradCast for some odd reason...even as a police helicopter circled above our studio here in L.A. for most of today's show. We don't think they were there for us, but apologies for any unexpected noise throughout. [Audio link to full show follows below summary.]

Speaking of policing, Attorney General Merrick Garland on Wednesday announced a Dept. of Justice "pattern or practice" probe of the Minneapolis Police Department, the day after a jury found former MPD officer Derek Chauvin guilty on all counts of murder and manslaughter for his killing of George Floyd last year. Garland explained that "yesterday’s verdict in the state criminal trial does not address potentially systemic policing issues in Minneapolis," but that the DoJ investigation could result in mandated changes if the federal agency finds systemic abuses in the MPD's use of force policies, including that deployed against protesters.

Garland may need to expand that probe to neighboring Brooklyn Center, MN and to the Minnesota State Patrol after their outrageous behavior during the past week of protests in response to the police killing of 20-year old black motorist Duane Wright. In addition to the use of pepper spray, tear gas and paintballs against protesters, similar tactics were used on media attempting to cover the demonstrations and what our guest today describes as "police riots". In addition to being directly sprayed and gassed and beaten up, members of the media on Friday were forced to lie face down on the ground so that cops could photograph their media credentials, drivers licenses and faces. The violence deployed against the press exercising their First Amendment rights in Brooklyn Center was particularly egregious coming just hours after a court order --- in a case filed by the ACLU after press mistreatment during the George Floyd protests last year --- specifically barred police from "arresting, threatening to arrest, or threatening/using physical force" against members of the media.

But, as our guest today, longtime Philadelphia Inquirer and Daily News national columnist WILL BUNCH noted in a recent column referencing the violence against press and protesters in Brooklyn Center that is making us all "less safe," none of this should be a surprise. "Officers in the Minneapolis suburb --- just 10 miles or so from the corner where Officer Derek Chauvin kneeled on the neck of a dying George Floyd...-- raised a version of the 'thin blue line' flag over their embattled station house, which was their bold and outrageously arrogant signal that Brooklyn Center was about to become some kind of Alamo for racist, oppressive policing in America."

We discuss all of the above and much more with Bunch today, who explains that he has been "very focused on the institution of policing in this country" of late, "because there's a school of thought in this country that if we just weed out the bad apple cops --- and Derek Chauvin being Exhibit A --- if we just weed out the handfuls of Derek Chauvins, that policing will be great in America, and that's just not the case."

Given the seemingly endless stream of appalling videos, revealing more killings by police each day, and broad calls for nationwide policing reform, we've got much to talk about on today's program. After "some accountability" in Minneapolis on Tuesday, the long "arc of the moral universe" continues to "bend toward justice," even if, as Bunch notes, it continues to take an intolerably long time for too many Americans.

"One reason why I focus on these police abuses of the media," Bunch tells me, is "if this is how they treat people who have cameras, who have the megaphone of working for a large news organization and can tell the world about what happened to them, if this is how they treat people who are clearly marked as journalists, and if they have half a brain and know that they will write or publish pictures of what happened to them, how do you think they're treating citizens when there are no cameras? Or citizens who don't have the power of the New York Times or the AP or other news organizations to tell their story? If they're doing this to reporters, what they're doing to regular citizens is almost certainly going to be worse."

Finally, we close with some slightly brighter news today from the White House. First, Joe Biden appears to have met his doubled-down goal of 200 million COVID vaccine shots during his first 100 days in office. That landmark was reached today, he said, on his 92nd day.

But, as that promise was met, Biden is preparing to unleash an even more ambitious goal on Earth Day tomorrow, according to AP. During a two-day virtual climate summit hosted by the White House, the President will pledge to cut U.S. greenhouse gas emissions by at least 50 %below 2005 levels by 2030, with the ultimate goal of net-zero carbon emissions by 2050. The news was met with huge plaudits from many (if not all) climate scientists and environmental groups, as appropriate to mitigate the growing dangers our climate emergency and for meeting the Paris Climate Agreement goal of limiting warming to what would be a catastrophic 1.5 degrees Celsius global rise. Of course, that also means that fossil fueled wingnut heads are already exploding in the Republican Party and at Fox "News". So, let the explosions begin! We could use a good laugh these days...

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On today's BradCast: A day in which a cop was finally found guilty of the murder of a hand-cuffed black man is probably a good day to discuss an important idea for long-overdue police reforms that could help keep people alive and allow police to do more of what they should be doing and less of what they are not needed to do. [Audio link to full show is posted at end of summary.]

Just before airtime today, the verdict was announced in the trial of white, 45-year old former Minneapolis police officer Derek Chauvin, who was notoriously seen on video last year with his knee on the neck of George Floyd, a 46-year old handcuffed black man. After more than 9 minutes, Chauvin choked the life out of Floyd and was found guilty today on all three counts of 2nd and 3rd degree murder and 2nd degree manslaughter by a unanimous jury in Minneapolis. In a state already on edge from the killing of a 20-year old motorist by a 26-year veteran white cop just over a week ago in neighboring Brooklyn Center, MN, the state and the nation exhaled a collective sigh of relief as the judge announced the jury found Chauvin guilty on all counts before he was handcuffed and marched off to prison.

Before speaking to our guest on a related note today...Republicans at the state level in Montana are the latest to pass new laws to restrict access to the voting booth (for certain voters) on the heels of Donald Trump's evidence-free claims that the 2020 election was stolen from him. Two new provisions were adopted in MT on Monday under the guise of preventing fraud, despite Republicans in the state being unable to cite any examples at all of voter fraud there in modern history. One bill would end same-day voter registration, which has been a problem-free success in the state since its broad bipartisan passage in 2005. The other measure enacts new Photo ID restrictions at the polling place by, among other things, disallowing student IDs as an acceptable form of ID for voting, despite 20 years of zero problems or fraud with such IDs. The bills were signed by the Governor yesterday, and the state was sued by Democrats in response today. Montana becomes the third state to adopt newly restrictive voting laws following the 2020 election, after Iowa and Georgia did so previously. All three are now be forced to defend their new suppression laws in court.

On the federal level, Democrats in the House have passed several laws which would counter many of the new restrictions being pushed forward by Republicans at the state level. But filibustering Republicans and the refusal by Democrats like West Virginia's Joe Manchin to reform or kill the undemocratic Senate rule are preventing passage of those landmark measures that would protect voters and elections nationally. Today, during a hearing in the Senate Judiciary Committee on "Jim Crow 2021: The Latest Assault on the Right to Vote," ranking Republican Sen. Chuck Grassley made clear how out to lunch he is and how disingenuous his party is in supporting these new restrictions on the franchise. Among Grassley's embarrassing comments at today's hearing: His contention that Major League Baseball pulling their All-Star game out of Atlanta is "likely to cost the city's economy 100 million jobs" (there are fewer than 11 million people in the entire state) and that corporations and voters exercising their free speech rights to decry vote suppression amounts to "economic terrorism".

Then, it's back to policing with our guest today, JORDAN BLAIR WOODS, criminology expert and Associate Professor of Law at University of Arkansas' School of Law. Amid outrage over a seemingly never ending series of incidents revealing cops assaulting and/or killing motorists --- usually black ones --- following otherwise routine traffic stops, the demands for policing reforms grow seemingly louder each day.

Woods has been writing at a number of law journals for several years now about one seemingly simple reform that could save lives and prevent so many traffic stops from turning deadly: replace traffic stops by armed police with unarmed traffic monitors. According to the Dept. of Justice [PDF], more Americans, 24 million, come into contact with police via traffic stops than by any other means each year. Routine stops for a missing tail light, an expired tag or even an air freshener hanging from a rear view mirror too often turns unnecessarily deadly. As Woods detailed in a 2019 Michigan Law Review article [PDF], this can be attributed to cops being trained to believe that every traffic stop could turn deadly in seconds (even though that is decidedly not the case.)

As he tells me today, "One of the key reasons why we see officers having so much authority to do what they're able to do during traffic stops really rests on this myth that traffic stops are especially dangerous settings for police officers.  But what we're seeing play out, and what empirical research has really documented, is that when we're thinking about who is harmed during traffic stops, it's those who are from communities of color that are disproportionately stopped, frisked, cited, arrested and ultimately subjected to force. And, unfortunately, too many times it results in their death during traffic stops."

Reporting on this same topic earlier this year at The Appeal, Meg O'Connor notes: "Black drivers are 20 percent more likely to be stopped than white drivers, and as much as twice as likely to be searched, according to a study of 100 million traffic stops conducted by the Stanford Open Policing Project. And 11 percent of all fatal shootings by police in 2015 occurred during traffic stops, according to a Washington Post database of police killings."

So, what if cops were taken out of that equation entirely? In his recent Stanford Law Review article, Woods offers a framework for doing just that. "The basic idea behind the framework," he explains, "is that we know that tens of millions of traffic stops occur every year. Many of these are for run-of-the-mill traffic violations. I argue in my framework that we don't really need police to be involved in this type of enforcement. So it creates new public agencies that are completely separate from the police, work independently from the police.  Their basic role is to enforce traffic and not to conduct criminal investigations, which is really where we see a lot of problems during traffic stops today come from."

He calls for traffic agencies to be created and manned by "unarmed traffic monitors to essentially do routine traffic enforcement. They wouldn't be armed, they wouldn't have the typical police powers to search or arrest. It really bring the traffic stop to being just about traffic."

"One of the advantages I see to having non-police agencies and non-police traffic monitors conducting these types of stops, is that we could really use discretion to only be enforcing traffic laws in situations where we think there's a notable safety threat, and eliminating these situations that we are seeing now over air fresheners. We know that these minor infractions are being used for pre-textual reasons by police to pull people over. We avoid that by at least moving to a regime where police are not handling this type of work," Woods argues.

But would such a system place unarmed traffic monitors in harms way during stops? Would it cut off a necessary crime fighting tool for police? Can much of this work simply be automated to remove many of the face-to-face confrontations in the first place? And, given that Wood's proposition seems like such a no-brainer reform, frankly, what legitimate objections might police or lawmakers have to such a new framework?

We discuss all of that and much more with Woods today, who also comments on similar reforms recently enacted in places like Berkley, California and elsewhere, as many cities and towns across the nation seek reforms to help stem the tide of our excruciating epidemic of unnecessarily violent and systemically racist policing.

Finally, we're joined by Desi Doyen with the latest Green News Report. As usual, she rings the alarm bell on new studies warning of our worsening climate emergency, even while sharing some exceptionally encouraging news today, including word that the nation's largest coal mining union now appears to be on board with Joe Biden's plan to find new work in renewable energy for those whose jobs in dying fossil fuel industries will necessarily be displaced in the critical effort to mitigate the most deadly effects of our ever-warming climate.

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We open up the phones on today's BradCast for a bunch of very good calls, including from a teacher who was back for in-person instruction today for the first time in a year here in Los Angeles; a gun supporter who isn't insane, though we bicker a bit on his actual level of support for democracy as we succeed in finding some common ground; and a caller who survived a mass shooting in Oregon in 2013, among a number of other excellent calls from listeners today. [Audio link to full show is posted below.]

But first up today, before we get to the phones...

• Some genuinely not divisive news (at least I think) regarding the first controlled flight of an aircraft on a planet other than Earth (that we know of). The Ingenuity helicopter alit above Mars today for its first test flight after arriving at the red planet hitched to the Perseverance rover. The flight was about 39 seconds in all, and traveled about 10 feet before landing at the newly-christened "Wright Field" on Mars, so named in honor of the Wright Brothers whose own first flight at Kitty Hawk, NC in 1903 was memorialized with a piece of wing fabric from the wings of that historic flight carried aboard the Ingenuity copter.

• In only slightly more divisive news, President Biden made it official today, announcing that all adults over the age of 16 are now eligible for COVID vaccine shots in all 50 states (as well as D.C. and Puerto Rico). The date for that nation-wide rollout, announced two weeks ago, was moved up from Biden's originally planned deadline of May 1. The news also comes the day after the CDC announced that just over 50% of U.S. adults have now received at least one COVID shot, with 32.5% now fully vaccinated.

• Next, if you're having trouble keeping up with the spate of one-after-another mass shootings of late, you're not alone. We try to get you all caught up on all of these horrific, arguably avoidable massacres today, including two that each took place over the weekend and took three lives each (one shooting was in Kenosha County, WI and the other, allegedly by a former police detective, in Austin, TX, a state which has seen at least three such incidents over the past month), as well as the latest news following the shooting by a 19-year old at a FedEx plant in Indianapolis that killed eight. In that case, the shooter had been visited last year by police after his mother called with concerns that he might commit "suicide by cop". His pump-action shotgun was confiscated under Indiana's red-flag law which allows officials to take weapons from someone considered to be a danger to themselves or others. But, somehow, the alleged shooter, who killed himself at the scene last Thursday, was able to legally purchase two semi-automatic rifles later last year anyway.

  Not that any of it matters, as long as NRA-funded Republicans, including Indiana's U.S. Senator Todd Young, are willing to pretend that this is a "mental health" issue (even as his party has spent the past decade trying to take such health care away from tens of millions of Americans) as opposed to a guns availability issue.

  In all, there were at least 9 such mass shootings over the past month, in Georgia, Colorado, Maryland, California, South Carolina, Texas, Indiana and Wisconsin. And yet, Republicans in the U.S. Senate, still doing the bidding of the terrorist-loving NRA, still refuse to allow any votes in the U.S. Senate on any gun safety measures. That includes even the lowest hanging fruit, such as closing background check loopholes which is even supported even by some 90% of NRA members (if not by their corrupt leadership).

• Finally, we had so many folks calling in on all of the above, that I threw over my plans to discuss the outrageous and violent attacks on journalists (and their First Amendment rights) by the Minnesota State Police in Brooklyn Center, MN, where protests continue on the heels of last week's killing of Daunte Wright, a black motorist during a routine traffic stop, by a 26-veteran cop on the local police force.

  As noted, tune in today for some great calls --- all of which remained shockingly civil and arguably constructive --- from the teacher, the gun supporter, the mass shooting survivor and many more...

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On today's BradCast: Joe Biden is on a "go big" roll that has stunned even many long time progressives. Another one of them joins us on today's show to sing the praises (mostly) of his $2.25 trillion infrastructure, jobs and climate proposal known as the American Jobs Plan. It will be paid for --- at least in very small part --- by ending long time direct subsidies (yes, government socialism) to the Fossil Fuel Industry. But, even on that, the industry is getting a break that they shouldn't. [Audio link to full show is posted below this summary.]

First up today, however, some noteworthy news headlines...

• The white Brooklyn Center, Minnesota police officer who resigned yesterday after shooting black motorist Daunte Wright during a traffic stop on Sunday, has been charged with second-degree manslaughter after days of protest and unrest. The city's Police Chief, who also resigned on Tuesday, has said that the 26-year veteran officer, Kim Potter, meant to taze the 20-year old Wright, but shot him instead.

• A scathing new Inspector General's report finds that U.S. Capitol Police were instructed by leadership not to use their best crowd-control weapons on January 6th, despite clear intelligence from the FBI and Dept. of Homeland Security warning that "Congress itself is the target" for protests by Donald Trump supporters who were scammed by his false claims that the Presidential election was stolen. In the days before the assault, pro-Trump social media sites included explicit details regarding plans by MAGA Mob extremists to target both the Capitol and members of Congress, including maps of underground tunnels at the Capitol building and threats calling for "violence" and "war". While DHS and the FBI were aware of these threats --- and, therefore, so was Trump --- for reasons that still remain unclear, the Capitol Police were left wildly unprepared for the deadly siege.

• And, in perhaps the most critical news of the day, President Biden announced, in no uncertain terms, his plans to remove all U.S. troops (other than those needed to protect diplomats) from Afghanistan no later than September 11th of this year, the twentieth anniversary of the 9/11 attacks. He explained his reasoning and responded to critics of the move in remarks at the White House today, declaring that "It's time to end the forever war." We share extended excerpts from his address.

Then, we're joined by the great energy and climate journalist DAVID ROBERTS --- formerly of Vox, now publishing his own must-read newsletter called "Volts" --- for insight into Biden's plans to pay for what Roberts characterizes as a remarkably progressive infrastructure, jobs and climate proposal.

Introduced two weeks ago, the American Jobs Plan is to be paid for largely by an increase on the corporate tax rate. But, as Roberts detailed in a recent Volts article, it will also include a repeal of some of the permanent subsidies to the Fossil Fuel industry which they have enjoyed for decades, as written into the tax code. While many progressives are pleased about that, including Roberts, the fact is that those direct subsidies to the industry, as he points out, amount to a very small fraction of the cost of Biden's ambitious plan. Indeed, at some $35 billion for the entire industry, spread out over ten years, it also amounts to a very small amount of the true cost of the "indirectsubsidies" or "externalities" which the public pays for to boost profits for the polluting industry.

The direct subsidies, says Roberts, are "a drop in the bucket" compared to "the total amount of money that would be raised if you went after the indirect subsidies" with a carbon tax that accounts for the true cost of the industry's "products that produce a lot of social harm.  Harm in terms of air pollution that they generate, which then produces health costs, and people miss work. There's the climate damages that they do when they're burned. There's land pollution. There's abandoned oil and gas wells at the end of their life. Those cost a lot of money" to clean up, which the companies rarely, if ever, do.

"The oil and gas industry itself doesn't pay any of those costs. So when your product imposes all these costs and you don't pay them, the public steps in and pays them. Like the kids with asthma who are paying, rather than the fossil fuel companies." Roberts suggests "those externalities, as they're called, have always been the premise for a carbon tax, why we would want to put a tax on carbon so that you can recoup all these damages that the oil and gas industry are not paying for."

Still, setting aside how the package is to be paid for, Roberts concedes that he is "pleasantly surprised" about the "super-big and ambitious" package which includes, as he also details, a whole bunch of cool stuff that has received little coverage, since there is actually so much packed into the sweeping, long-overdue proposal.

How to get it passed, however --- and, specifically approved by "our emperor and benefactor Joe Manchin, long may He reign" --- is another matter, which we discuss in detail today as well.

"Where we are is so ludicrously far away from where we need to be, that it becomes difficult to judge anything in the middle," Roberts argues. "Is this a good big step or is it a grossly inadequate step? Yes. It's both. Everything we're going to do on climate change for the next decades will fit that description. It's going to be big and not big enough."

We then close today with a quick thought or two on a new statement from hundreds of companies and corporate executives in opposition to the GOP attempts to restrict voting rights around the country. We hope to have more time to discuss the matter on tomorrow's BradCast...

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Hopefully today's BradCast, if nothing else, serves as a friendly reminder that Liz Cheney --- whether or not she met the incredibly low Republican bar by voting to impeach Donald Trump after the January 6th MAGA Mob insurrection at the U.S. Capitol --- is still not your friend, much less some sort of hero. [Audio link to full show is posted at end of summary below.]

Among the many news items and important insights and context covered on today's program...

• The Biden Administration will finally withdraw the last of our 2,500 U.S. troops still deployed to Afghanistan by September 11th of this year, 20 years after the 9/11 attacks which resulted in our seemingly endless war there and elsewhere. For some reason we remain dubious about that exit date...even if we are hopeful.

• The FDA and CDC are recommending a "pause" on the use of Johnson & Johnson's COVID vaccine after finding it led to rare blood clots in six women out of more than 3.8 doses administered in the U.S. For the record, the coronavirus, as of today, has killed more than 562,000 Americans to date, which is more deaths over the past year than 188 September 11th attacks.

• After two nights of protests and unrest in Brooklyn Center, Minnesota --- a suburb outside of Minneapolis, where white, former cop Dereck Chauvin is currently on trial for the murder of George Floyd --- the city's Police Chief and 26-year officer Kim Potter resigned Tuesday following her Sunday killing of Daunte Wright. Potter says she accidentally shot the 20-year old black man while attempting to taze him after he was pulled over for expired tags on his vehicle. The incident was capture by Potter's body cam video released on Monday, the day after the shooting.

• As disturbing as the video of Wright's killing was, another confrontation captured via body cam between cops and a black Hispanic man --- this one, a uniformed Army lieutenant named Caron Nazario --- is arguably even more disturbing for reasons we discuss on today's show. The incident, which included the berating and point-blank pepper-spraying at gun-point of an incredibly compliant and polite unarmed Nazario, occurred last December. The video tape, however, was only released publicly on Monday as part of Nazario's lawsuit against the abusive Windsor, Virginia police officers Joe Gutierrez and Daniel Crocker who pulled him over on a dark highway for a missing permanent license plate on his new car. (Temporary tags were in the window and clearly visible in the video tape.) Gutierrez has now resigned and Virginia's Attorney General has opened a civil rights investigation into the incident, one of undoubtedly thousands of similar ones not caught on viral video tape each year in America.

• Wyoming's Republican Rep. Liz Cheney has been attacked by many in her party and lauded by some on the non-right for living up to the absolutely lowest expectations for a Republican these days after having voted in favor of the second impeachment of Trump in January, for his incitement of the U.S. Capitol attack. But, as we've noted on several occasions since then, nobody should mistake her for anything other than her diabolically rightwing father's daughter. That was made clear on Monday during an appearance with Georgetown’s Institute of Politics and Public Service when she appeared to condemn the radical extremism rampant in her own party while simultaneously "both sidesing" the matter with references to extremist in "both parties". Sorry, Liz. This isn't even close to a "both sides" issue. But, if there are still any question about that...

• ...Disturbing new data released by the Center for Strategic and International Studies (CSIS), reaching back 25 years and analyzed by the Washington Post on Monday, finds "Domestic terrorism incidents have soared to new highs in the United States, driven chiefly by white-supremacist, anti-Muslim and anti-government extremists on the far right." And the numbers of both incidents and fatalities in recent years aren't even close to those attributed to "far left" attacks. We comb through the Post's analysis of the troubling data, while noting its alarming similarity to the warnings included in a 2009 DHS report on far-right domestic extremism that was ultimately retracted by the Obama Administration after Republicans pretended to be outraged about it (after saying nothing about a similar report regarding left-wing extremism released just prior.) Coincidentally we notice that WaPo's original headline for their analysis on Monday was "Domestic terrorism data shows right-wing violence on the rise." That was apparently quickly changed online yesterday to the more GOP-friendly "The rise of domestic extremism in America." We're sure Liz Cheney is delighted about that.

• Finally, Desi Doyen joins us for our latest Green News Report, chocked full of troubling climate change news, as usual, but featuring at least one story that leaves us moderately more hopeful today...at least when it comes to the ability for warring battery makers to come together for the good of our not-a-moment-too-soon electric car future...

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On today's BradCast: The effort by Donald Trump and Republicans to steal the Presidential election with false allegations of "voter fraud" didn't work. But that tsunami of disinformation is now being used to advance new restrictions on voting in the states as the GOP obstruction gets underway in the new Democratically-controlled U.S. Senate.

First today, there is quite a bit of news out of both the White House and the Senate. Among those stories covered today...

• President Biden's flurry of executive orders continue, including one today that calls for an end to privately-run federal prison facilities.
• Biden's nominee for Sec. of State, Anthony Blinken, was confirmed in the Senate. His nominee for Treasury Secretary, Janet Yellen, the first woman in that role, was sworn in today by the nation's first female Vice President.
• Mitch McConnell caved in his demand that Chuck Schumer and the Democrats promise to not do away with the wildly undemocratic legislative filibuster before he would agree to a new power-sharing agreement in the nation's wildly undemocratic upper chamber of Congress
• The historic second impeachment of Donald Trump, on charges of "Incitement of Insurrection" for the deadly, January 6th U.S. Capitol riot, formally began with Senators sworn in on Tuesday as "impartial" jurors and a vote by 45 Senate Republicans to toss out the whole matter entirely.
• And, before this one slips completely down the memory hole...Charges filed by the Justice Department against several military veterans who took part in the attempted insurrection at the Capitol that killed five people, include allegations that dozens of the former military insurrectionists pre-planned their coordinated attack, had hoped to arrest lawmakers, and appear to have had disturbing help from at least one, still-unidentified Congressional insider who gave the seditionists real-time help during the attack to locate lawmakers who had been shuttled into secured locations below the Capitol.

Then, we're joined by DAVID DALEY Senior Fellow at FairVote and author of the books UNRIGGED: How Americans Are Battling Back to Save Democracy and RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy. The latter documents the GOP's ingeniously insidious --- and successful --- plan to capture electoral control of statehouses in the 2010 elections in order to gerrymander the hell out of them for the next 10 years (or more).

Daley writes this week at Boston Globe about the latest effort by GOP state legislators to exploit Trump's absurdly false claims about "voter fraud" in the 2020 election in order to implement new restrictions on voting at the state level and new ways to game the electoral college vote. Among the states we discuss where Republicans are right now citing false fraud claims in order to game the systems: Wisconsin, Michigan, New Hampshire, Georgia, Minnesota and Texas. These efforts are very real, and may well work, even in states which currently have Democratic Governors.

We also discuss the ridiculously undemocratic Senate, where Democratic Senators represent tens of millions of more voters than Republicans but, due to "the original gerrymander" as Daley describes it, are barely able to win 50 percent of the seats. "The US Senate is weighted so viciously towards small states in a way that the founders, if they saw it now, they would be truly horrified," he tells me.

"You've got a 50/50 body and yet, those 50 Democratic Senators are representing about 41.5 MILLION MORE PEOPLE.  When you add into that the small-state bias of the Electoral College, when you add into that the advantage that that bias has given Republicans in selecting Supreme Court Justices --- five of these nine Justices  on the Supreme Court selected by a President that lost the popular vote --- when you factor in the advantages that Republicans have with gerrymandering and geography --- all the way down from the US House to the state legislative level --- we are looking at an epidemic of Republican minority rule in this country."

And then there's the need to get rid of the undemocratic filibuster in the already wildly undemocratic Senate if Democrats hope, as they are now promising, to quickly accomplish "big, bold things" done. One of those "big, bold things," as we discuss, is HR-1, the "For the People Act." It's an enormously ambitious and much-needed bill that includes a ton of long-overdue reforms for voting and fair elections; ending dominance of big money and dark money in politics; and re-enforcing disclosure and ethics rules for members of Congress. But, as long as the filibuster remains in place, it will be next to impossible to see that, or any of the other much-needed reforms get through Congress. Constituents of Democratic Senators Kyrsten Sinema in Arizona and Joe Manchin in West Virginia may wish to mention that to them. Repeatedly.

Finally, Desi Doyen joins us for our latest Green News Report, with more news on major executive actions signed by the new President to roll back years of Trump damage to our environment, and to push Biden's "Buy American" initiative to, among other things, move the nation as quickly as possible to American made, all-electric cars as the days of the internal combustion engine must quickly come to an end...

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On today's BradCast: Election 2020 is coming down to the wire, with the deadline for voting just days away and no small amount of chaos unleashed on the entire process by federal courts over the past several days. While the U.S. Supreme Court has invoked their so-called "Purcell Principle" in recent years, to prevent last-minute changes to even bad, suppressive election laws in order to avoid chaos, both SCOTUS and lower federal courts have been busy this week invoking invoking election chaos in several key battleground states. [Audio link to full show posted at bottom of summary.]

On Thursday night, two Republican federal appellate court judges reversed a rule enacted with a Minnesota state court's approval in July, in a radical ruling that follows on the heels of another decision by the U.S. Supreme Court in a Pennsylvania case that has resulted in elections officials in both states now being forced to segregate late arriving mail-in ballots that are postmarked on or before Election Day, but that don't arrive until the days following it. We explain the reason for the extraordinary disruption and the potential invalidation of tens, if not hundreds of thousands of lawfully cast ballots in both states --- and maybe others --- based on a radical interpretation of the U.S. Constitution's Elections Clause that has never been blessed by a majority on the Supreme Court, but which could be very soon, depending on the vote of Donald Trump's newest appointment to the GOP's stolen Court, Amy Coney Barrett.

We try to make sense of the chaos that has now been unleashed by...

• that late Thursday night ruling by two Republican judges on the U.S. 8th Circuit Court of Appeals --- just five days before Election Day --- finding it unconstitutional for MN to count late arriving ballots lawfully cast and postmarked on time, despite a months-old state court-blessed settlement between MN's Sec. of State, voting advocates and even agreed to by the Trump Campaign;
• the SCOTUS decision to wait until after Election Day to decide if similar ballots in PA will be discarded as well;
• and a seemingly counter-intuitive SCOTUS decision to allow late-arriving ballots in North Carolina to be counted following a state court blessed settlement nearly identical to the one just struck down on Thursday night by the appeals court judges for MN.

As noted, chaos now reigns in several of the most important battleground states in the most critical election in U.S. history.

Meanwhile, in the new battleground state of Texas, where early voting numbers have now surpassed the total turnout for all of the 2016 election, officials in Tarrant County (Fort Worth) are dealing with chaos caused by what they describe as a printing error by their absentee ballot contractor. Roughly one-third of mail-in ballots cast in the County are being seen as unreadable by their computer optical-scan tabulation system. Rather than count those hand-marked paper ballots publicly by hand, state law calls for the potentially tens of thousands of unscannable ballots to be "remade" by elections officials by hand onto new, scannable ballot pages.

All of this should serve as a reminder of the necessity of citizen-based public oversight of our elections, which are not owned by unelected judges or elections officials or private vendors or contractors, but by we the people. If you've already voted and are now looking for a way to help between now and Election Day (and, as importantly, beyond), there are many opportunities! Check out some of them at Scrutineers.org, ProtectOurVotes.com, SmartElections.us and ValidateTheVoteUSA.org.

Our guest today is, herself, a longtime champion of public oversight of elections. MARYBETH KUZNIK is the founder of the election integrity group, VotePA.us and, as of September, also the Election Director in Armstrong County, PA, a somewhat rural, Republican-leaning county just north of Pittsburgh. She is kind enough to offer us some time amid the mayhem of her new job today, where she concedes "it's pretty crazy here."

Among the many topics we discuss...

• the new order to segregate late-arriving absentee ballots in PA so they can, potentially, be nullified by the U.S. Supreme Court after the election;
• the fact that the state legislature does not allow pre-processing, much less tabulation, of mail-in ballots until Election Day;
• How many days it is likely to take her county and the state as a whole to tabulate them ("We are in unchartered water here...But, we're not going to know Election Night, that's for sure." She is still looking for volunteers to help! Though they must be from Armstrong!);
• the type of voting systems in use in Armstrong (Optically-scanned hand-marked paper ballots. "I wouldn't be working here --- I would not be administering unverifiable touchscreen ballot-marking devices. You know that, Brad!");
• her concerns about voting in Philadelphia this year amid both civil unrest and the strongly Dem-leaning County's foolish decision to use new, unverifiable, computer touchscreen Ballot Marking Devices which failed spectacularly during their first use last year. ("Philly worries me," she says, adding that she has "zero confidence" in the systems which she describes as "the most expensive and the most wasteful voting system ever developed. Every voter does not need a $9,000 touchscreen to cast a ballot.";
• and some of the lessons she's learned in her transition from longtime Election Integrity advocate to Election Director...

Don't forget to exhale between now and Tuesday!...

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As I discuss near the top of today's BradCast, we are now in what amounts to a Cold Civil War on Democracy in this nation. The greatest direct threat we have ever faced to our Constitutional Republic since the Civil War is now playing out in our ongoing election. [Audio link to show is posted below this summary.]

As it turns out, that threat to what Joe Biden describes as "the soul of our nation", does not come from a foreign power, but from the President of the United States himself and his party of henchmen and supporters who are now attacking the very core of our Republic: the right to vote and to have that vote counted as cast. That right is now under direct assault in a way not seen since the Jim Crow era. And while the GOP has been using the guise of preventing "voter fraud" to wage similar battles in recent years, they aren't even trying to hide their direct assault on democracy anymore. They are simply using every (so far, peaceful) means possible --- legal and extra-legal --- to try and prevent legal voters from voting and lawfully cast ballots from being counted.

Unfortunately, they have packed enough stooges onto their stolen U.S. Supreme Court at this point, that they may pull it off...unless the pro-democracy forces simply overwhelm them between now and the close of polls next Tuesday night. Get busy, people. Only the fate of the Republic and...yes, human civilization, as Desi Doyen highlights yet again in our Green News Report today, are at stake.

Among the stories reported on today's show, as our trench warfare coverage continues...

• The very Trumpy Republican Governor of Florida, Ron DeSantis, goes to vote and finds someone has changed his address in the state's voter registration database. As Governor, he is able to order the Florida Dept. of Law Enforcement (FDLE) to take swift action to find the alleged culprit within hours. Of course, no such swift action was taken when Ann Coulter committed voter fraud in Florida years ago, nor when Donald Trump himself did the exact same thing this year;

• Good news for democracy in Minnesota! A federal judge has ordered a mercenary contractor hiring armed para-militia to stalk polling places to stand down after violating federal voter intimidation laws. The company, Atlas Aegis, must also reveal who has been funding their program. The case is a victory for plaintiffs including the Minnesota chapters of the Council on American-Islamic Relations and League of Women Voters, as well as the group Free Speech for People (FSFP) whose lawyers brought the case. We spoke with FSFP attorney Ron Fein last week on the show, the day after the voter intimidation suit was filed in federal court;

• Good news for voters in Texas! A Trump-appointed federal judge has found Gov. Greg Abbott's exemption for voters and pollworkers to his statewide mask mandate to be in violation of the Voting Rights Act. Masks must be worn inside of all polling places across the Lone Star state of today's ruling. The victory comes not a moment too soon, after several polling officials have already become sickened, poll sites were closed due to sick workers, and maskless poll watchers were said to have been using their presence to intimidate minority voters. That, in a state where the Republicans who have long controlled it went all the way to the Supreme Court to deny almost all voters under the age of 65 the right to request an absentee ballot due to fear of the spiking coronavirus pandemic. It's also another victory --- and a reversal of fortunes --- for the good folks at FSFP, including Senior Counsel Courtney Hostetler, who spoke with us on the show about their case in September, when its outlook then appeared grim;

• More good news for democracy in Texas! A $31 million effort to improve access to the polls in the nation's third-largest voting jurisdiction, Harris County, which includes Houston, appears to have paid off big time. NBC News reports that more voters have now cast ballots there during early voting than were cast in the entire 2016 election. The increased turnout is thanks to expanded and innovative voting options, such as Early Voting sites that stay open later, some that stay open for 24 hours, and drive-thru polling places. The County's stunning turnaround in a state with notoriously low voter turnout comes after Dems won every countywide office in 2018, increased the elections budget from $4 million under GOP control to $31 million now, and with the hiring of innovative, 33-year old County Clerk Chris Hollins in late summer. Naturally, state Republicans have been challenging virtually every innovation to make it easier for voters to vote in the state's largest county. And while Gov. Greg Abbott has succeeded in limiting ballot drop-off locations to just one per county (from a dozen previously planned for sprawling Harris County, which is larger than Rhode Island), GOP attempts to block drive-thru voting have been denied by the state's all-Republican Supreme Court. Another new case was filed by Republicans this week, however, seeking to actually invalidate the votes of more than 100,000 voters who lawfully cast drive-thru votes during Early Voting.

• On Monday, the U.S. Supreme Court's issued an appalling ruling that blocks tens of thousands of lawfully cast mail-in ballots postmarked by Election Day from being counted in Wisconsin if they arrive after Election Day due to, for example, slowdowns in U.S. Postal Service delivery by Trump's new Postmaster General. Criticism from legal experts and voting rights advocates of the embarrassingly error-riddled concurring opinion filed by GOP operative turned GOP activist Justice Brett Kavanaugh was swift. We discussed that factually deficient and laughable concurrence with Slate legal journalist Mark Joseph Stern in detail on yesterday's show. Among the egregious errors in the opinion was Kavanaugh's citing of Vermont's election laws. The Sec. of State of Vermont has now written a letter to the Court in response, demanding that the opinion be corrected to include actual facts about the state's voting laws, instead of the phony claims Kavanaugh made as he works toward using his lifetime appointment on the Court to steal this year's election on behalf of the man who appointed him to it;

• Finally, as mentioned, Desi Doyen joins us for our latest Green News Report, as a record fifth hurricane in a single season slams storm-weary Louisiana today; Trump opens the nation's last protected tropical rain forest to commercial logging; China and Japan vault ahead of the U.S. in their pledges to reach net-zero carbon emissions; and the case is made for Joe Biden to expand the Supreme Court if we are to have any chance of combating our swiftly worsening climate crisis.

• P.S. The charming animated video of the Lincoln Project "Fairy Tale" we played at the top of today's show is here.

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Last week, Trump's new "sham" nominee to the U.S. Supreme Court appeared to not know if voter intimidation was even a violation of federal law. This week, as we report on today's BradCast, Trump and his henchmen find themselves facing a federal lawsuit over exactly that. [Audio link to show follows below.]

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

• First up, Joe Biden has finally stated his position on expanding the U.S. Supreme Court. That position? A bi-partisan commission to study reforms for the federal court system, to offer recommendations after six months...if Biden wins the White House and Dems take the Senate. We discuss what is probably a pretty smart political position for the former VP to take right now, considering that corporate media can't stop using the words "court packing" to describe long-overdue reforms after years of actual court packing by the GOP.

• Speaking of which, the Senate Judiciary Committee on Thursday, led by South Carolina's increasingly vulnerable Sen. Lindsey Graham, broke their own rules today to ram through the nomination of Amy Coney Barrett without a single Democrat present, after Dems refused to allow a quorum for today's vote. If she is confirmed by the full Senate on Monday, as Republicans currently plan, it will be one of the shortest confirmation processes and the closest to a Presidential Election Day for the seating of a Supreme Court Justice in the nation's history. That, after just 4 years ago Republicans blocked a Democratic SCOTUS nominee entirely for a full year, while vowing that a new Justice should never be seated during a Presidential election year. Republicans also changed the rules in the middle of that game as well, when they killed the filibuster for SCOTUS nominees after failing to get enough votes to pack Neil Gorsuch, Trump's first nominee, onto the Court. Over the past five years, Republicans have succeeded at completely delegitimizing the U.S. Supreme Court.

• The GOP's already-stolen Supreme Court on Wednesday sided with Alabama's dishonest, lying, somewhat deranged, unlawfully Twitter-blocking, Republican Sec. of State John Merrill to nix curbside voting in counties that wished to use it to help keep disabled voters safe during the COVID crisis, as recommended by the CDC and approved the U.S. Dept. of Justice as a way to prevent violations of the Americans with Disabilities Act (ADA). All three remaining Democratic appointees on the Court dissented, siding with the U.S. District Court and federal appeals court which, after a three day trial, found the now-scrapped accommodation to be a "modest" and "reasonable" way to avoid a potentially fatal illness for some voters.

• In recent days, Democratic voters in Florida and several other battleground states have been receiving threatening warnings via email, instructing them to "Vote for Trump or else!" The body of the emails, which appear to come from a Trump-supporting extremist group, cite the recipient's name and addresses and promise to "come after you" if they do not change their party affiliation to Republican and vote as instructed. Incredibly, and with zero supporting evidence, Trump's "partisan hack" Director of National Intelligence John Ratclifffe hastily convened an absurd press conference on Wednesday night to declare that Iran was actually behind the threatening emails to Democrats. He claimed they were designed to "damage President Trump". He also muttered something about Russia. But, again, no actual specifics and no actual supporting evidence for his claim that both countries accessed voter registrations systems to obtain the data (most of which is publicly available without actually hacking into election-related systems). Suffice to say, I believe absolutely nothing from this Administration at this point, about any of it, and, short of independently verifiable information, neither should you.

• Then, we are joined by the Legal Director at Free Speech for People, RON FEIN, to explain the federal lawsuit his non-partisan good government organization filed on Wednesday on behalf of the Latino civic engagement group Mi Familia Vota Education Fund and several voters, charging that Donald Trump, Attorney General Bill Barr and Acting Sec. of Homeland Security Chad Wolf are violating federal laws against voter intimidation.

  The complaint [PDF] and accompanying request for a preliminary injunction, as Fein details, alleges defendants have exhibited a pattern of intimidation against voters that violates the Voting Rights Act of 1965, the Ku Klux Klan Act of 1871, and the First, Fifth, and Fourteenth Amendments to the U.S. Constitution.

  As FSFP explains in their announcement of the suit, the complaint is "based on the defendants’ violent suppression of public protests opposing police brutality, the encouragement of white supremacist 'vigilantes,' threats to send 'sheriffs' and other law enforcement to the polls, the undermining of mail-in voting, and the rejection of the peaceful transfer of power, which, the complaint alleges, constitute illegal voter intimidation."

  Fein offers more details on what he describes as a "threatening pattern of conduct stretching over the past few months," that has resulted in the suit. "People understand what it means when the President talks about sending law enforcement...When he tells the Proud Boys to 'stand by,' people understand what that means...This is not one piece of conduct, one isolated statement. This is a months-long pattern that the President and his top officials have been involved in, that has the purpose and effect --- hopefully not successfully --- but it certainly has that effect, of intimidating people from voting either in person or by mail."

  Explaining the relief sought by the complaint, he tells me: "First of all, we want relief prohibiting the defendants from deploying armed federal agents at or near polling places; from ordering federal agents to block the delivery of ballots or interfere in the counting of ballots; from taking any actions that could limit with the speed or reliability of mail delivery. And specifically to Trump, prohibiting him from encouraging his supporters to bring weapons to polling places, block access to polling places, to question voters, or from using official government public communications channels --- which now includes his Twitter account --- to suggest that lawful votes will be scrutinized or challenged."

  He also discusses a somewhat related federal case also filed this week by FSFP on behalf of the Minnesota chapters of the Council on American-Islamic Relations and League of Women Voters against a private mercenary contractor who has posted job listings, reported recently by the Washington Post, seeking to hire and deploy armed former special ops troops to patrol polling sites in the state.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on yet another record hurricane in an already-record season; the death of half of Australia's Great Barrier Reef and the return of the Hummer, this time as an all-electric "supertruck"...

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On Thursday, by way of a 13-page Order [PDF] issued in State of Washington v. Trump, U.S. District Court Judge Stanley A. Bastian not only enjoined the United States Postal Service (USPS) from continuing to implement the "transformative" nationwide changes to its mail delivery capacities effectuated since July under the direction of Postmaster General Louis DeJoy, but also ordered USPS to "replace, reassemble or reconnect" all of the high-speed sorting and labeling machines that had previously been decommissioned.

In his decision, Judge Bastian found that the 14 State Plaintiffs --- Attorneys General in WA, CO, CT, IL, MD, MI, MN, NV, NM, OR, RI, VT, VA, WI --- "established a likelihood that they will prevail on their claims that the [USPS] and Postmaster General violated 39 U.S.C. §3661". He characterized DeJoy's mandates as an "attack on the Postal Service [that] is likely to irreparably harm the states’ ability to administer the 2020 general election."

As we explained last month when covering the States' complaint, under Section 3661(b), DeJoy had a "non-discretionary duty" to request and obtain an advisory opinion from the Postal Regulatory Commission (PRC) before instituting "a change in the nature of postal services which will generally affect service on a nationwide or a substantially nationwide basis." Under that statute, the PRC cannot issue that advisory opinion "until an opportunity for a hearing on the record...has been afforded to...users of the mail." At that hearing, "an officer of the [PRC]...shall be required to represent the public interest."

DeJoy's failure to comply with those statutory requirements, Judge Bastion noted, "suggests" the USPS "acted ultra vires" --- beyond its power --- when it effectuated DeJoy's "transformative" changes.

The court also found that the Plaintiffs established a likelihood that the USPS "actions have infringed" upon the "States' constitutional right to appoint presidential electors and set the time, place, and manner of elections; that the current changes are the result of an effort by the current Administration to use the [USPS] as a tool in partisan politics, which violates the spirit and purpose of the Postal Reorganization Act and the Postal Accountability and Enhancement Act."

In his written ruling, Judge Bastian blasted the USPS actions, charging they would result in "voter disenfranchisement"...

Even if several multi-state legal challenges result in a federal court order directing Postmaster General Louis DeJoy to repair the damage wrought by his allegedly "illegal" sabotage of the U.S. Postal Service's mail delivery capabilities, absent significant additional funds, it's unlikely DeJoy could fully comply with that order.

The facts laid out in one of the recently filed cases and echoed in the others, along with subsequent developments, suggest that DeJoy was, at best, disingenuous when, in an August 18 formal statement [PDF], he claimed he was "suspending" his nationwide mail sorting, labeling and delivery changes until after the Nov. 3 Presidential Election.

The complaint describes how, pursuant to an Equipment Reduction Plan [PDF], Defendants removed, dismantled and/or destroyed 671 high-speed sorting and labeling machines that had a combined hundreds of millions of dollars in value. As a result, the States allege, "some major cities have already had their ability to sort mail reduced by hundreds of thousands of pieces of mail per hour." (Emphasis in original text).

On the same day that DeJoy issued his "suspension" statement, emails were submitted by Kevin Couch, the USPS Director of Maintenance Operations, informing Maintenance Managers that, irrespective of instructions from their plant managers, they must not reconnect or reinstall sorting machines that had previously been disconnected absent approval from USPS HQ.

Last Friday, while testifying before the U.S. Senate, DeJoy made it clear that he has "has no intention" of reinstalling the sorting machines, even as he claimed that election related mail would receive top priority from the Postal Service. Contrary to DeJoy's rosy predictions, however, the USPS's own Service Performance memo reflects a significant drop in overall performance which precipitated a USPS warning to 46 states that their deadlines for Vote-by-Mail ballots "might impede the timely delivery of mail-in ballots, possibly disenfranchising millions of voters"

While there's ample reason for a court to order reinstallation, absent significant additional USPS funding, which Trump opposes, it is doubtful that DeJoy could fully undo the damage even if he were ordered to do so.

VOTERS BEWARE: Do not be lulled into a false sense of security by DeJoy's "suspension" of changes at the USPS until after Election Day, or by his unsupported assurance that USPS can timely process and deliver every ballot. The wiser course, as laid out in our previously related article, is to deposit your mail-in ballots in secure, state-supplied drop-boxes (where available) or at designated drop-off locations. Check your local jurisdictions to learn what options may be available where you live. In some jurisdictions, voters can deposit their mail-in ballots at the polls either during early voting or on Election Day. In some jurisdictions, voters can link to election official websites to track the processing of their own ballots as well...

On today's BradCast, we look at noteworthy results after Tuesday's state primary elections in Minnesota, Georgia, Wisconsin, Vermont and Connecticut. But we begin with problems voting on Tuesday in (where else?) Georgia, and the quickly expanding efforts by Republican Secretaries of State in key battlegrounds to make mail-in voting as difficult as possible this November, as per Donald Trump's bidding.

In Georgia, as we noted on yesterday's show, despite a successful program to help keep voters safe amid the coronavirus pandemic by sending absentee ballot applications to all active registered voters during the June primary, their Republican Sec. of State Brad Raffensperger has decided not to do so again before the November general elections, despite the spike in COVID infections and deaths in the state since then. A record 5 million Georgians are expected to vote (or try to) this year, when the battleground state is hoped by Democrats to finally flip from "red" to "blue for the first time in decades in the Presidential race and when there are not one, but two vulnerable GOP U.S. Senate Seats on the ballot as well.

In Kentucky, where Senate Majority Leader Mitch McConnell is facing a challenge from Democratic former fighter pilot Amy McGrath, we're seeing an echo of Raffensperger's attempt to suppress the vote in November. Despite a largely successful June primary, when there were no restrictions on which voters were allowed to request an absentee ballot, the state's Republican Sec. of State Michael Adams on Tuesday submitted a plan to the Governor to restore restrictions, limiting absentees largely to the elderly and those with preexisting health conditions that make them more vulnerable to COVID-19. That, despite the widely praised procedures used in June in the Bluegrass State, where the rate of infections and deaths has also spiked since the mid-summer primary. Adams' absurd excuses for the proposed restrictions on Vote-by-Mail reveal that this is much more about suppression than safety or efficiency. For example, while claiming that election officials and the U.S. Postal Service will be overwhelmed in processing the number of absentee ballots if Kentucky again allows no-excuse absentee voting, Adams is also proposing that only ballots that arrive by Election Day may be counted. Previously, officials had a week after Election Day to process ballots post-marked by then, but which arrived in the days following. Luckily, Kentucky now has a Democratic Governor who may need to approve (or veto) Adams' plan before it can be enacted.

In the neighboring perennial swing-state of Ohio, where Joe Biden and Donald Trump are believed to be neck-and-neck this year, Republican Sec. of State Frank LaRose announced on Wednesday that he is barring county Boards of Election from offering more than one single secure drop-box per county for depositing Vote-by-Mail ballots. After waiting for three weeks for an opinion from the Republican Attorney General as to whether the state's 88 counties could legally deploy extra drop-boxes, LaRose announced today that he could wait no longer. He says he believes it is now too late to make any changes to how the election will be administered. So there must only be one drop-box outside of each County's elections office. He also claimed that adding extra drop-boxes would result in lawsuits like the one filed by the Trump Campaign in late June in Pennsylvania, which argues that the use of drop-boxes in that key battleground state --- where they were successfully deployed without problem during the state's June primary --- is actually unconstitutional.

These are voter suppression attempts, period. Trump and his cronies are attempting to steal the election in plain sight. Don't. Let. Them. Inform yourself and make plans for safely voting this year NOW.

Then, we're joined once again by HOWIE KLEIN of the "Down With Tyranny!" blog and the progressive BlueAmerica PAC. He has been offering analysis on the show of late, from a progressive perspective, on the late season state primary results. Today, after sharing his thoughts on Joe Biden's new running-mate Kamala Harris (he is "not a fan") and who he might like to see appointed to fill her U.S. Senate seat if Democrats win, we cover freshman Rep. Ilhan Omar's win in the Democratic Primary in Minnesota 5th Congressional District on Tuesday against an AIPAC-supported challenger.

Then we discuss the win by Marjorie Taylor Greene --- a QAnon conspiracy theorist who has proudly made racist, anti-Semitic and Islamophobic statements --- in the Republican primary run-off in Georgia's 14th Congressional District. For some reason, AIPAC did not fund her challenger, despite her unapologetic anti-Semitic remarks, and the fact that she is most likely headed to Congress after easily winning her runoff in a very Republican district.

Nor did AIPAC manage to fund a challenger to 25-year old Republican Madison Cawthorn, an apparent Nazi sympathizer in North Carolina who Klein writes about today, and who appears likely to win the seat vacated by Trump's latest Chief of Staff, Mark Meadows this November. "They love him on the right," says Klein. "They're already seeing him as a future US Senator."

Klein also offers a preview of next Tuesday's state primaries in Florida where a progressive group outside of the state Democratic Party has worked, for the first time, to recruit Democratic candidates to run in each of the Sunshine State's 27 Congressional districts. "I always say the Florida Democratic Party is lucky that there's an Ohio Democratic Party, because otherwise the Florida Democratic Party would be the worst, instead of the second worst in the country," he says. "So the environmental caucus recruited all of these great candidates. The Democratic Party flipped out. ... But there's a really, really good roster of state legislative candidates and, on top of that, there are several excellent Democrats running for the U.S. Congress," he tells me, specifically citing Adam Christensen in Florida's 3rd Congressional District.

Finally, we close with a bit of Kamala Harris' remarks today from Delaware, where she and Biden appeared together for the first time since he named her as his running mate for the 2020 Democratic Presidential ticket...

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On today's BradCast: Two mysteries solved in one single, if hectic, show! [Audio link to full show is posted at end of article.]

The first is the mystery of who presumptive Democratic Presidential nominee Joe Biden would select as his Vice-Presidential partner. Now we know. Less than an hour before showtime today, it was announced that California's first-term U.S. Senator Kamala Harris will become the first black woman (and first South Asian American woman) to be part of a major party's Presidential ticket. On short notice, we were able to scrounge up the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog to join us for her "top-line, knee-jerk, hot-take" response to the big news and how she thinks it will play both among the electorate at large and the far, FAR more picky progressive electorate.

Parton, a progressive herself, who says she was rooting for Elizabeth Warren to be named for the slot, describes Harris as a "a very skilled politician"; argues that her selection "says something nice about Biden"; discusses the "legitimate concerns that progressives have had about Harris"; and whether she believes "the Left" will be able to "put aside their differences" to get behind the ticket, before "going to fight tooth and nail about the things that we care about" in the event that Biden actually becomes President next January.

Today's other solved mystery is much trickier. And it has to do with Georgia, which is holding primary runoff elections today, along with state primary elections on Tuesday in Vermont, Connecticut, Minnesota and Wisconsin. (We'll have noteworthy results from all of those states, as available, on tomorrow's BradCast, of course). Naturally, because it's Election Day in Georgia --- a key battleground state which some believe could finally flip from "red" to "blue" this year for the first time in decades --- there are problems at the polls. While hopefully not as terrible as the meltdown caused by the state's new unverifiable touchscreen voting systems and electronic pollbooks that resulted in hours-long lines in largely Democratic-leaning precincts during the state's June primary, we have early indications that the same, new, overly-complex, computerized voting systems failed voters again today in at least some of the 94 (of 159) counties participating in today's runoffs.

Despite that distressing (if unsurprising) news today in Georgia, there was some good-ish news from the State Elections Board (SEB) there. They met on Monday to adopt new procedures in advance of the November 3rd Presidential election. The SEB unanimously agreed to allow voters to request absentee ballots for November via a new online webpage to go live by the end of the month. That's good news for those who have easy online access. But, shamefully, it comes along with the news that Republican Sec. of State Brad Raffensperger, after successfully sending out Vote-by-Mail applications to all of the state's active registered voters before the June primary, will NOT be doing so before this year's Presidential election. Apparently, that plan worked too well and allowed too many to easily vote from home, when they might otherwise have had to struggle with long lines and Raffensperger's failed electronic voting systems at the polling place in the middle of an ongoing global pandemic.

Also at Georgia's SEB meeting on Monday, the Board agreed to make a change to the state's new computer-tabulation systems that scan and count those hand-marked paper absentee ballots. (Voters at the polls are forced to use unverifiable touchscreen systems.) The SEB's change to a software setting on the systems came about, thanks in no small part, to our guest today, JEANNE DUFORT of the Coalition for Good Governance.

Following the June primaries, Dufort was on a bi-partisan citizens' panel reviewing digital images of hand-marked paper absentee ballots on which the computerized digital-scanners believed there were over-votes with, for example, more than one oval in a single race seen by the computer as being filled in. State law requires manual examination of such ballots to determine if the voter's intent is discernible or not. While reviewing those ballots, Dufort and the other panelists in Morgan County noticed that the tabulation system had marked some clearly discernible votes on many of those same ballots as containing "no vote". Why were those votes not counted by the new, $100 million tabulation system made by the Canadian firm Dominion Voting? And would elections officials manually examine ALL of the hand-marked ballots to count those "lost" votes? As Dufort told us on this program at the time she discovered the problem after the June primary, there were potentially tens of thousands of perfectly legitimate votes that had gone uncounted.

Well, today we finally have the answer to the mystery of why the system had failed to count some of those votes. It has to do with a sensitivity setting on the digital optical-scan tabulators that the Secretary of State's office claims they did not originally know about when they initially dismissed Dufort's concerns back in June. That setting, apparently, directs the computer to ignore votes in which less than 12% of the bubble was filled in. (Often, instead of inking in the entire bubble, voters will use a check-mark or an X. While the voter's intent is easily discernible to the human eye, the new computers that tabulate votes were set to record such marks --- that filled less than 12% of the bubble --- as a "no vote".)

"It assigns it a 'percentage of fill'," Dufort tells me. "In our case in Georgia, what we later found out was that these Dominion factory settings said if a vote was deemed to cover more than 35% of that area...if the threshold percentage hit 35% or above, the system said, 'Yep, that's a vote! It counts!' If the threshold was between 12-35%, it said, 'that's ambiguous, I'm not sure something is there, better get a human to look at it.' If it fell below 12%, it said, 'I see that, but it's not a vote, so I'm going to label it unvoted, and I'm not even going to call it to the attention of the humans.'"

While Dufort says that it is good news that the SEB has now agreed to lower the bottom of the software sensitivity range setting to 10%, the longtime Election Integrity advocate says that she and others in the state believe it should be set lower still, to avoid more lost votes, in advance of the Presidential Election. "We think 10% is still too high," she says. "So we're going to be out talking to them. This rule is out for 30 days of public comment. We'll be saying thank you, but you really need to take it down to 5, which we have learned is what Colorado uses. And they've been doing hand-marked paper ballots statewide for a very long time. We think that's a good benchmark for Georgia."

She also observes that the the old settings, less sensitive settings, are still being used to tally today's runoff elections, which could be a problem in the event of close races. Moreover, she explains, "the color of the ink [and] the brand of the ink in your pen can change how the computer measures it." We discuss all of that, how the changes may affect results this November, and whether we should be worried that such a software setting could be abused by ill-intentioned election insiders (or hackers) in the critical battleground state (or others that use similar systems) during the Presidential election.

Finally, Desi Doyen joins us for our latest Green News Report, with more deadly fossil fuel disasters, a warning about this year's already-record Atlantic Hurricane season, and some very disturbing climate change news out of Canada, where the last intact ice shelf has finally collapsed and broken away...

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