Today on The BradCast: Congrats, America! Bribery, influence peddling, petty corruption, money laundering, fraud, conflicts of interest, even attempted cop-killing and much more is all, effectively, now legalized in these United States! At least if you're on the right team. [Audio link to today's show follows this summary.]

In his Inauguration speech, just three (looong) weeks ago, Donald Trump declared: "The golden age of America begins right now." Apparently he meant the Golden Age of Corruption. For him. And his chosen pals.

But, first up today, a correction to one point from yesterday's show (see the quick version of that correction at the bottom of yesterday's show posting).

Then, we step quickly through a few crime-related turns for Trump and his cronies today alone. Steve Bannon pleaded guilty to one New York state felony charge related to a fraudulent scheme in which he helped steal millions from hundreds of thousands of Trump supporters to supposedly build a wall on the U.S. southern border during Trump's first term. The plea agreement, if he behaves, will result in no jail time for Bannon who was previously charged [PDF] with related felony crimes at the federal level until preemptively pardoned for them by Trump on the last day of his first term. Repeat offender Bannon served four months in federal prison last year after being convicted of contempt of Congress for refusing to answer subpoenas from the House January 6 Committee. After his sentencing today, he called on Trump's Attorney General, Pam Bondi, to weaponize the DoJ against New York prosecutors Alvin Bragg and Letitia James.

Today, Trump also gave a full pardon today to Illinois' corrupt former Democratic Governor Rod Blagojevich, who was convicted on felony charges related to trying to sell Barack Obama's U.S. Senate after he won the Presidency in 2008. Trump previously sprung Blago from his 14-year prison sentence with a commutation, six years early, during his first term.

Also today, Trump's personal defense attorney turned Acting Deputy A.G. corruptly ordered the DoJ to drop all charges against NYC's Democrat-ish Mayor Eric Adams on charges related to doing favors for Turkey in return for free airplane trips and hotel stays around the world.

Both Blago and Adams have each cozied up to Trump in recent months and today, they received their prize. The rest of us received the message that criming --- particularly public corruption --- is just fine as long as you say nice things about Donald Trump after getting caught.

But, if you didn't get the message, our quick summary of just some of Trump's most corrupt, pro-crime, anti-rule of law activities from just his first three weeks in office, from Day 1 right up until today, should help. Including...

• Pardoning all of the violent January 6 offenders on his first day in office;
• Firing Inspectors General from more than a dozen government agencies;
• Dropping DoJ prosecutions in progress for Republican elected officials (and even some Democratic ones that have cozied up to him);
• Firing scores of senior DoJ and FBI officials so far (he will be removing many more in the days ahead);
• Ordering all work at the Consumer Financial Protection Bureau (CFPB) --- the folks who police Big Bank, Credit Card and Payday Lender fraud on behalf of American consumers --- immediately stopped over the weekend;
• Signing a new Executive Order on Monday halting all enforcement of the Foreign Corrupt Practice Act (FCPA), the law meant to prevent bribery by Americans and American Companies of foreign officials. (Trump's order describes the federal law as an "excessive barrier" to U.S. commerce!);
• Quietly removing the head of the Office of Special Counsel at the Justice Department last Friday, (That's the office in charge of overseeing whistleblower complaints against the government and enforcing laws meant to tamp down on undue political influence);
• And, the removal of the Director of the Office of Government Ethics (OGE) just last night. (That's the office that polices integrity and conflicts of interest of Executive Branch officials.)

There is much more, of course, including, I'm sure, much we don't even know about yet. But there's a starter. And, of course, many of the acts summarized above --- in addition to making Trump's personal criming much easier --- are also, themselves, unlawful, even if that may take some time for the courts to sort out. Whether Trump obeys court orders that he doesn't like, or chooses to trigger a full blown Constitutional Crisis instead, remains to be seen.

To discuss America's new Golden Age of Corruption, we're joined today by longtime public corruption and ethics expert CRAIG HOLMAN, Ph.D., Capitol Hill lobbyist on Government Affairs for the nonprofit watchdog Public Citizen. He steps us through some of Trump's most recent corrupt acts, such as the Friday firing of OGE Chief David Huitema who was finally confirmed by the U.S. Senate to a 5-year term in December, after Republicans blocked a vote for more than a year following his nomination by President Biden. Holman, last year, was instrumental in finally helping to push Huitema's confirmation through GOP obstruction in the Senate.

"The Office of Government Ethics serves a very fundamental purpose," Holman explains, "to try to educate and make everyone in the administration --- over 140 different federal agencies --- understand what the ethics rules are, understand what the conflict of interest code is all about, and then help public officials comply with those types of rules." Well, no wonder Trump hopes to neuter that office!

"What we're seeing here --- besides utter chaos on Capitol Hill --- is a full-scale assault on accountability, oversight, and the checks and balances. It goes way beyond the Office of Government Ethics. It's already affected the Office of Special Counsel, 17 independent IGs have been fired," Holman tells me, before adding: "And, by the way, almost all of these firings have a direct financial impact on Elon Musk. So we're seeing the conflict of interest code being torn apart. Every agency he's gone into, all those agencies were overlooking Elon Musk's business practices. The people who were in charge of that have since been fired from these agencies."

We cover much more today in my conversation with Holman, including what interest Congress (specifically, the Republicans who currently control both chambers) may have in all of this, as their own Constitutional powers are being stripped away from them; whether Trump will actual obey court orders as they come down against him; and whether the Humpty Dumpty of our Constitutional order will ever be able to be put back together again, after all of this is finally, mercifully over.

The situation is "dire," warns Holman today. "We are on the very precipice of losing American democracy here. In the first Trump Administration, he sounded like he wanted to end democracy, and by the end of it he actually tried throwing a coup d'etat on Jan. 6th. This time around, he knows what he's doing. That's why we've seen this flurry. He's just marching unrestrained over our democratic norms and our democratic institutions. This is a very dire situation we are seeing here."

As if all of that news isn't swell enough, we close today with Desi Doyen's latest Green News Report on the heels of the hottest January in global recorded history. Enjoy!...

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Today on The BradCast: The last 4 or 5 days since Elon's DOGE Bros have, with the apparent permission of Trump, started taking command and control of computer systems and databases at federal agencies --- including the U.S. Treasury's system which pay out nearly $6 trillion per year --- have been, to say the least, chaotic, disturbing and insane. [Audio link to full show follows this summary.]

As we discussed yesterday, Trump, his co-Prez and their flunkies are unlawfully taking over and disassembling the U.S. Constitutional order and its Administrative State. In response, however, their lawless overreach also seems to be having the effect of coalesce the Opposition in a number of ways...

• Career federal agency insiders and whistleblowers are either pushing back against assaults on their agencies or otherwise informing the public of what is happening inside them;
• Civil lawsuits are being filed by both affected individuals at the agencies and by outside groups attempting to enforce the rule of law, informing the public of what is going on inside those agencies in the bargain.
• Public pressure is being brought to bear on elected officials through phone calls, attendance at protest rallies, etc.
• Democratic elected officials seem to be having a fire lit under them by all of this, and are finally beginning to lead rallies and take other actions in their overdue Opposition roles.

That is not an exhaustive list. For example, the free press, where we still have one, also play a key role in all of the above. In helping to let you know what is actually happening, public perception and opinion can change. From a wildly disinformed electorate last November to, perhaps, a more accurately informed populace as we all move forward and take action on those things, with at least some of the urgency that this historic moment demands

An Opposition is emerging. How effective and sustained it will be remains to be seen. But, I believe the outlines are finally beginning to coalesce. At least, I hope that is the case.

Today, we report some of the stories, connect some of the dots, and share some of the signs of that emerging Opposition, through a number of breaking news items over the past 24 hours or so...

• Trump's dumb new tariffs on China are bouncing back, raising energy prices for Americans.

• Disgraced Gen. Michael Flynn's stunning threat against insiders at CIA, FBI and the Office of the Director of National Intelligence who dare speak up against Trump's wildly unqualified nominees for HHS (RFK Jr.), Director of Nat'l Intelligence (Tulsi Gabbard) and FBI Director (Kash Patel).

• After the Acting FBI Director last week tried to courageously stand up to Trump's personal defense lawyer turned Acting Deputy AG at the DoJ, the Bureau turned over answers to questionnaires from some 5,000 employees who were assigned to work on January 6 cases. The head of the FBI's New York field office vows to defend his agents against the Administration's unlawful purges. The FBI Agents Association advises its members: "Do NOT resign or offer to resign." Lawyers for DoJ prosecutors and FBI agents threaten to sue against "violation of due process rights."

• Sen. Brian Schatz (D-HI) vows to place a "blanket hold" on all of Trump's nominees to the State Dept. until the Administration pulls back its attack on --- and DOGE Bro takeover of --- USAID.

• Trump prepares an Executive Order to shut down the Dept. of Education, even though he can't actually do so without approval by Congress, which he will not receive. Musk's DOGE Bros have reportedly now moved in there as well, and are said to be scheming to cut spending and staff while accessing sensitive computers systems with personal information on millions of students who have received financial aid.

• Federal employee unions and advocates for retired Americans sue to block Musk's DOGE Bro takeover of the U.S. Treasury Department's payment system. And who is it who has gained access to the incredibly sensitive computers that handle payments of some $6 trillion, annually, in Social Security checks, Medicare payments, veterans benefits, tax refunds, federal worker paychecks and almost everything else the U.S. pays for? Apparently, it's a 25-year old employee of Musk's named Marko Elez who has remarkably been allowed to obtain full access and Administrative privileges to the system, to cut off payments, and even rewrite the incredibly sensitive and (previously) highly-guarded code that handles some 95% of spending by the U.S. Department insiders are flabbergasted and speaking to the press about what is going on.

All of these stories, as terrible as they are, actually include positive indications of an overdue Opposition finally beginning to assemble.

And, before we go, Desi Doyen joins us for our latest Green News Report, on how Trump's dumb tariff threats on imports from Canada imports are spiking energy prices; how the Administration is literally deleting "climate change" across the entire federal government; how Trump's deranged California water stunt has dumped billions of gallons of water, much of it into the oceans and none of it to Southern California (where our reservoirs are already full!)...

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With apologies to Rick Wilson, whose weekend social media quip I've stolen for the headline of today's BradCast, I'd say both things are true. We are both overwhelmed and under attack. In a way that the United States has never been under attack before. [Audio link to full show follows below this summary.]

The "attack", of course, is coming from inside the house. In this case, from inside Donald Trump's White House. Or, at least from his extra-Constitutional White House henchmen: Elon Musk and his band of personal employees, none of who have been elected to anything or approved by the U.S. Senate or anything else. And yet, this band of miscreants that call themselves the "Dept. of Government Efficiency" or DOGE, some just literally out of high school, are unlawfully taking over the command and control functions of independent federal agencies in the Executive Branch, including the one that at Treasury that controls the nation's actual checkbook and its payments of more than $6 trillion each year. That system includes checks to federal workers, Social Security and Medicare payments, tax refunds, foreign aid and much much more.

They are doing all of this, apparently, with the lawless President's blessing. It is a Trump-approved attack on the rule of law, our Constitutional order, and, of course (the enemy of all MAGA!) the "Administrative State".

Doing my best today to overcome some local transmitter issues here in L.A. and technical issues inside our flagship local KPFK studios during our live show, I tried to put into stark perspective what appears to be unfolding --- what we know and what we don't, some of the heroes standing up in opposition --- over the past 72 or so unprecedented hours since we last spoke.

Here are just some of the media reports I was culling from. You'll have to tune in to hear how all the pieces fit together, what they portend moving forward, and for a quick listener call or two at the end...

• "Senior FBI official forcefully resisted Trump administration firings" - NBC NEWS
• "F.C.C. Chair Orders Investigation Into NPR and PBS Sponsorships" - NYTIMES
• "US health websites, datasets taken down as agencies comply with Trump executive orders" - CNN
• "More USAID staff ousted after Trump administration dismantles aid agency" - REUTERS
• "Trump and Musk move to dismantle USAID, igniting battle with Democratic lawmakers" - AP
• "Elon Musk's Team Now Has Access to Treasury's Payments System" - NYTIMES
• Historian Heather Cox Richardson puts a lot of this into perspective in her "Letters from an American" newsletter for February 1.
• Journalist Josh Marshall of TPM reports on several conversations with "people in the key executive departments" over the weekend, as Musk and his DOGE boys were taking over control of everything...

As noted, that's just a bit of today's source material. And a bit of what has happened over these past 72 hours. Tune in for much more today and, no doubt, on tomorrow's program, as Trump's attack on our Constitutional democracy, with the help of co-President and heavy Elon Musk, continues...

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Well, he did vow retribution against his "enemies". Today on The BradCast, we cover, among other things, Donald Trump's unlawful "Friday Night Massacre" of independent Inspectors General at Executive Branch agencies, his "Monday Massacre" of dozens of prosecutors this afternoon at the Dept. of Justice, and as much of note that happened in between that we find time for, along with speaking to callers on the back end. [Audio link to full show follows this summary.]

Among the many stories covered today...

• Trump calls for ethnic cleansing in the Middle East, telling reporters on Air Force One over the weekend that he would favor "cleaning out" Gaza by sending Palestinians from there to other Middle Eastern countries. All the better to build sea side golf resorts in the strip of land that was previously home to more than two million.

• In case you didn't notice last week (I wouldn't blame you) Trump, with a stroke of his Executive Order pen, ended anti-discrimination programs across pretty much the entirety of the federal government, as originally (and successfully) instituted via Executive Order by Lyndon B. Johnson back in the Civil Rights era. Calling it "a reversal of 60 years of progress" and "a blatant step backwards," Rep. Hank Johnson (D-GA) said in a statement, charging Trump's order "gives federal government officials and complicit federal contractors a green light to engage in discriminatory practices that exclude minorities and women from employment and contracting opportunities."

• The laughably unqualified Fox "News" weekend co-host, accused sexual assaulter and public drunkard Pete Hegseth was confirmed as Sec. of Defense by Senate Republicans late on Friday night. All Dems voted against, and there were only 3 Republican defectors (Murkowsky, Collins and McConnell). That resulted in a tie vote which broken in Hegseth's favor by Vice President J.D. Vance. It was only the second time in U.S. history that a Presidential cabinet member faced a tie vote. (The first was Betsy DeVos' nomination for Education Secretary during the first Trump Administration.)

• South Dakota Governor, puppy killer, and ridiculous liar Kristi Noem was confirmed by the U.S. Senate as Sec. of Homeland Security over the weekend. As DHS chief, she will oversee U.S. Customs and Border Protection (CBP); the Federal Emergency Management Agency (FEMA); the Transportation Security Administration (TSA); U.S. Immigration and Customs Enforcement (ICE); the United States Secret Service (USSS); the U.S. Coast Guard (USCG); and the Cybersecurity and Infrastructure Security Agency (CISA), among others. I'm sure it will go well. All Republicans voted for her. Six Democrats (Fetterman, Kaine, Kim, Peters, Slotkin and Shaheen) shamefully voted in support of this corrupt, inexperienced Trump stooge.

• On Friday night, news broke that Trump had fired about 17 independent Inspectors General at agencies across the federal government in violation of the law (U.S. Code, Title 5, Section 403(b)) mandating that, while Presidents can fire Inspectors General, they must notify Congress in writing 30 days in advance before doing so, along with "substantive rationale, including detailed and case-specific reasons" for such removals. But, of course, who is going to enforce the law against the lawless Trump?

• Speaking of which, on Monday, just before airtime, news broke that Trump's interim apparatchiks heading up the Dept. of Justice were sending out firing notices to more than a dozen prosecutors who worked with Special Counsel Jack Smith and those who prosecuted hundreds of January 6 cases.

We've got a whole bunch of related news and background in between and amongst all of those stories, before callers weigh in today on all of the above and more...

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This is our final BradCast of the Biden Era. We've got a lot of mixed emotions on today's program, as you'll discover when you tune in. [Audio link to full show follows this summary.]

Among our coverage...

• Vile Congressional Republicans, such as Alabama's Sen. Tommy Tuberville, Kansas' Roger Marshall and many of their far-right media pals are targeting the victims of the Los Angeles Fires as part of their latest reprehensible political strategy. They're calling for "conditions" and "strings attached" before agreeing to aid Americans who have lost everything out here in these horrific, ongoing fires. They are whipping up disinformation echo chambers to convince themselves that it was something other than climate change-fueled dry weather and hurricane force winds to blame for the past week's unspeakable disaster and death. I've got a word or two in response on today's program, including some thoughts about the fact that California gives five times more to the federal government in tax dollars than we receive back in return. You're welcome, Senators --- and all of your loser MAGA buddies banging that same pathetic, loathsome drum.

• Speaking of fossil fueled climate change deniers, Donald Trump's nominee to head up the Dept. of Energy, fracking company CEO Chris Wright, doesn't believe wildfires have anything to do with climate change. And Trump's pick to lead the Environmental Protection Agency, former Rep. Lee Zeldin of New York, used to call for reducing our reliance on fossil fuels. Now tapped for Trump's EPA, he's singing a different tune, as Desi Doyen reports today in her coverage of Zeldin's U.S. Senate confirmation hearing on Thursday.

• In what suffices for good news today, you may recall that, just before Christmas, President Biden, who vowed during his 2020 campaign to end the federal death penalty (he didn't), mercifully and morally commuted the sentences of 37 of the 40 people on federal Death Row to life in prison without the possibility of parole. (He should have done the same for the other three, as reprehensible as they may be. The Government shouldn't be in the business of killing its own citizens.) But on Wednesday, according to a scoop from LAW DORK's Chris Geidner, Attorney General Merrick Garland officially withdrew federal approval for the use of single-drug lethal injections of pentobarbital in federal executions. That may slow down, at least, another killing spree by Donald Trump, who ordered the executions of 13 federal Death Row inmates during the final six months of his first term in office. That, after a total of just three people had been executed under all previous Presidents from the years 1975 through 2020.

• And, speaking of warnings of what is coming --- or already here --- in a 17-minute prepared speech (transcript) from behind the Resolute Desk in the Oval Office, President Joe Biden issued his Farewell Address to the American people on Wednesday night. He briefly touted his Administration's substantive (and, so far, wildly under-appreciated) record, noting that "It’ll take time to feel the full impact of what we’ve done together, but the seeds are planted and they’ll grow and they’ll bloom for decades to come." He then went on to issue a series of dire warnings that echoed President Eisenhower's 1961 Farewell Address, in which he famously warned of the menace of the then-burgeoning Cold War Military-Industrial Complex. In this case, Biden warned of the dangers of a Tech-Industrial Complex and explained that "an oligarchy is taking shape in America of extreme wealth, power and influence that literally threatens our entire democracy, our basic rights and freedoms and a fair shot for everyone to get ahead." He hearkened back to the push-back against the Gilded Age of the robber barons over a century ago, while charging that Americans are now "being buried under an avalanche of misinformation and disinformation enabling the abuse of power." We share an extended excerpt of those warnings and others --- "the existential threat of climate change", unchecked A.I. development, our corrupted U.S. Supreme Court, a "crumbling" free press --- from Biden's final Oval Office address before Monday's Inauguration of the first convicted felon, adjudicated rapist and adjudicated insurrectionist to ever be sworn in as President of the United States.

• Finally, Desi Doyen joins us for our latest Green News Report with more on the L.A. Fires and the long recovery ahead; more on Trump's Energy Secretary nominee; more on Joe Biden's encouragement to Americans in his Farewell Address to hold the line on climate action in the years ahead...

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Buckle up for yet another busy day on The BradCast. It's gonna be this way for a long while, I suspect. At least we've got some apparently good news today in the bargain. [Audio link to full show follows below this summary.]

FIRST UP: An apparent breakthrough in the months-long negotiations for a six-week, and perhaps longer, ceasefire and return of hostages to begin ending the horrific, long war between Israel and Hamas in Gaza was announced today. While Israeli Prime Minister Benjamin Netanyahu's office has yet to confirm the deal, said to begin Sunday, Israel's President Isaac Herzog called on them to do so, and President Joe Biden touted the deal on Wednesday. The months-long negotiations were also said to have been joined by the incoming President's team in recent weeks, who had (much to my surprise) lauded the Biden negotiators in recent days. The White House today said both Administration teams had been "speaking as one" in the latest talks.

THEN: Thanks to the (hopefully) good breaking news mentioned above, we've got a truncated version of coverage of today's six different U.S. Senate confirmation hearings for key posts in the new Trump Administration, with our focus today on Trump loyalist, apologist, Impeachment defense attorney and former Florida Attorney General Pam Bondi, his pick for U.S. Attorney General, dodging largely all advice and consent questions she faced from Democrats on the Senate Judiciary Committee. Even the easy ones. (Video here.) She repeatedly refused to say, for example, whether Joe Biden fairly won the 2020 election; whether she was aware of any evidence of "massive fraud" during that election; whether she'd advise the incoming President against pardoning violent January 6th insurrectionists who attacked police at the Capitol; whether she would target Trump's perceived enemies for prosecution; or whether she would even insist that he obey the law and Constitution. We share excerpts today from Bondi's questioning from Senators Adam Schiff (D-CA) and Mazie Hirono (D-HI).

FINALLY: Just before Thanksgiving --- just over a week after Donald Trump was announced the winner of he 2024 election --- we were joined on this program by RANDALL D. ELIASON, longtime D.C. federal prosecutor, now law professor at George Washington University, author of the SidebarsBlog newsletter and contributor to a number of media outlets.

Back then, he was calling for the sentencing of Trump in New York --- for his 34 felony convictions related to hush-money payment to a porn star to help him cheat to win the 2016 --- to happen before this month's inauguration, even as the three other criminal felony indictments (two at the federal level and one in Georgia) Trump faced would most likely be abandoned due to the outcome of the election.

On Friday, after several desperate and failed emergency appeals to the high court in New York and to his pals on the U.S. Supreme Court, Trump was, indeed sentenced for those felonies by NY's Justice Juan Merchan. The sentence, unfortunately, was for an "unconditional discharge", with the judge explaining that he felt it was his only option given the results of the election. That means Trump will face no jail time or even financial penalty for his 34 counts of falsifying business records to hide the 2016 payout. He will, however, take the oath of office next week as the first felon to become President of the United States.

Eliason returns to the program today, to explain if that's what he had been hoping for, or, at least, if that satisfies his pre-Thanksgiving advocacy. Over the weekend, in an article at Sidebars on the sentencing, he lauded Merchan and described the sentencing as "a small victory (yes, really) for the rule of law."

But is it? Apparently Trump thinks it is, Eliason argues. We drill down on that question (he calls Merchan's sentence "the least-bad option" even if it "feels like another example of [Trump] being above the law."); what Merchan might have done differently while attempting "to avoid even the perception" that the court was trying to influence the 2024 election; what the terse 5 to 4 SCOTUS rejection [PDF] of Trump's emergency appeal to block his NY sentencing augers for a second Trump Presidency ("not a good sign"); whether the case could still be tossed on appeal; and much more, including both Eliason's insight on whether the full Jack Smith Special Counsel report on Trump's now-abandoned federal indictments will ever be released, and his concerns about the DoJ under Trump during the next Administration.

On that last point, Eliason warns today, in the wake of Trump's A.G. pick Bondi appearing ready to roll over for whatever Trump wants: "The bigger picture concern is the threats that Trump has made to use the Justice Department to go after political opponents and those who criticize him. Like the people who ran the House January 6th investigation. That is obviously wrong --- a violation of everything the Justice Department stands for. And if those kinds of things do start to happen, that's going to be a major, major deal."

"That's one of my biggest concerns," he explains. "Trump says a lot of stuff that he never follows through on. But if his Justice Department --- which is going to have some of his personal trial attorneys, apparently, in top positions --- if they do start using the justice system to go after his political opponents and those who criticize him, then that's going to be a huge, huge problem."

Stand by for huge, huge problems...

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Today on The BradCast: The first of what will likely be a series of contentious U.S. Senate advice and consent hearings for key cabinet nominees tapped for the second Trump Administration. Tomorrow seven such hearings are scheduled, most of them overlapping with each other, purposely making public oversight even more difficult. [Audio link to full show follows below this summary.]

Fox "News" weekend host, National Guardsman, accused sexual assaulter, womanizer and public drunkard Pete Hegseth faced a grilling from U.S. Senate Democrats on the Armed Services Committee on Tuesday, even as they were constrained by Republicans who agreed to just one single round of questioning, with just seven minutes for each member. They also refused to share an FBI background report on Hegseth with rank-and-file Committee members.

That, after Hegseth similarly refused to meet directly with any Democratic Senators on the panel in advance of today's hearing, which is usually the custom for such high-profile nominations. Moreover, late on Monday night, the New York Times reported that --- similar to the 2018 report compiled on sexual assault allegations against Justice Brett Kavanaugh during his Senate nomination hearings --- the FBI failed to conduct in-depth interviews with critical witnesses, such as Hegseth's second of three wives, who have made disturbing allegations against him.

The Times observes that Trump's transition team "commissioned the F.B.I. background check on Mr. Hegseth last month after initially floating the idea of hiring private contractors to look into the president-elect's cabinet picks. As the client, presidential transition teams are traditionally able to set the parameters for background checks into cabinet picks, and potentially dictate which witnesses are interviewed and what questions are asked."

Taken together --- as we do on today's show with extended excerpts from today's hearing --- the allegations against the wildly unqualified and ill-considered Hegseth are simply mind-blowing, particularly for such a key role as leader of the Pentagon's three million employees and oversight of its annual $850 billion budget. The Trump nominee has no experience at the Pentagon, much less leading an organization with more than 40 or so employees. And, he's faced allegations of financial mismanagement at both of the veterans non-profits he has overseen, along with a long list of other charges, including rape, that he defiantly (and inaccurately) described at today's hearing as coming from "anonymous sources."

Still, it became clear throughout the hearing that Hegseth would face no resistance whatsoever from any Republican on the panel, including military vet and sexual assault survivor Sen. Joni Ernst of Iowa. Shortly after the hearing, she declared her intention to vote to confirm the 44-year old Trump nominee who has repeatedly asserted that women have no place in military combat roles.

Finally, we've got late updates in the still-raging Los Angeles Fires out here, where officials gained a measure of additional containment of the two major blazes --- in Pacific Palisades near the coast and of the Eaton fire, inland in Altadena and Pasadena --- in recent days. However, the National Weather Service issued yet another "Particularly Dangerous Situation" warning overnight for parts of L.A. as strong Santa Ana winds are expected to kick up again tonight and throughout early Wednesday. As we saw last week, that could result in explosive new fires or the quick expansion of those that are now entering a second week of disaster, destruction and death.

Desi Doyen joins us or our latest Green News Report with additional concerns about the fallout from those toxic, climate change-fueled conflagrations, even as Donald Trump and Republicans spread massive disinformation about them and threaten to withhold federal disaster aid from California...

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I suspect it's gonna get much uglier before it's all said and done. And we're here for it! A "MAGA Civil War"? Count us in on The BradCast! [Audio link to full show follows below this summary.]

But, first up, some other news today...

• Repeated "wildfire weather" warnings from the National Weather Service for Los Angeles, predicting "a life-threatening, destructive windstorm," with wind gusts as high as 100mph(!) from Tuesday afternoon through Wednesday morning, after months of dry weather appear to have been prescient. The day started here with a neighbors huge tree limb blowing over to crush our backyard canopy amid the gusty winds. By shows end today, tens of thousands being evacuated from a quickly growing wildfire in Pacifica Palisades, on the coast. It has gotten much worse since we got off air today, with hundreds reportedly abandoning their cars on the Pacific Coast highway to flee encroaching flames.

• In what counts for Trump criminal accountability court news these days, his favorite federal Judge/tool, Aileen Cannon in Florida, who was seated at the very end of his first term after he lost the 2020 election, , is working hard for her promotion to SCOTUS. On Tuesday, she exercised dubious authority to block the release, at least for now, of Special Counsel Jack Smith's report on Donald Trump's two different, now-abandoned federal felony indictments for stealing thousands of pages of highly classified national security documents upon leaving office, and for his failed attempts to steal the 2020 election. We'll see how long her ruling stands.

• Meanwhile, in New York, an appeals court on Tuesday rejected Donald Trump's attempt to stay his criminal sentencing, still scheduled for Friday, in the case in which he was found guilty of 34 felony fraud counts related to his hush money payments to a porn star to help him cheat to win the 2016 election. Barring any surprises, the sentencing is still on for this week, though the judge in the case has indicated he is unlikely to issue any jail time, given Trump's re-election. But, even with an "unconditional discharge", he will still become the nation's first convicted felon to be sworn in as President.

• On Monday in New York, in federal court, former NYC Mayor turned disgraced Trump lawyer Rudy Giuliani was found in contempt of court for failing to lawfully respond to the $148 million defamation judgement against him won by Georgia election workers Ruby Freeman and Shaye Moss, who Rudy and Trump both falsely claimed had committed fraud during the 2020 election. If only Rudy could have figured out how to become President and make all of his crimes go away like Donny did.

• Then, we're joined by RYAN COOPER, Managing Editor of The American Prospect, on the emerging (and hilarious) dust-up between the broligarchs who control Trump, like richest-man-in-the-world Elon Musk (and his sidekick Vivek Ramaswamy), and his hardcore MAGA cultists like Laura Loomer and Steve Bannon. Cooper's article on the matter is headlined "President Musk Declares War on American Workers".

  Just before the turn of the new year, sparks started flying when the duped MAGA cultists learned that Trump was going to continue the H-1B visa program that allows skilled tech workers to come to the U.S. and take less money to work longer hours than American citizens. After facing criticism for the Silicon Valley billionaires' favorite work visa scheme (the South African-born Musk came here himself on an H-1B), Musk took to the social media site he purchased and declared war on Loomer and any other MAGAs who dared oppose him, declaring: "The reason I'm in America along with so many critical people who built SpaceX, Tesla and hundreds of other companies that made America strong is because of H1B," before he added, "Take a big step back and FUCK YOURSELF in the face. I will go to war on this issue the likes of which you cannot possibly comprehend."

  The self-proclaimed "free-speech absolutist" then proceeded to downgrade and demonetize Loomer's account on Twitter/X, along with dozens of other MAGAs who dared call out Musk and the H-1B program.

  Today, Cooper explains tells me why the Silicon Valley broligarchs are so fond of the H-1B program, which, he says, they wield as a "weapon of class warfare" that "provides a pool of exploitable labor" that must do as you say or get sent back to their country. We also discuss Musk and the Right's actual position on "free speech" ("Tthey get to say whatever they want, and you get to shut up."); who appears to really be calling the shots now in Trumpland (Hint: its the guy who controls the "still depressingly influential social media platform that all the Republicans are on"); and how this nascent war between the two major factions of Trump's MAGA cult/coalition is likely to shake out in the days ahead.

  "We are in the realm of syphilitic emperor history books," Cooper tells me. "You've got Trump, who is 78 and clearly has lost MANY steps from when he was a young man. But Elon Musk is also incredibly erratic and impulsive. With these two megalomaniac narcissists with giant fevered egos, typically you'd see a massive falling out over something." And yet, so far, Trump is standing with the richest man on Earth and pretending he even knows what the H-1B program is. Meanwhile, says Cooper, about "Trump and his toadies, the minute they become inconvenient for him, he just throws them over the side. Which, for some reason, doesn't seem to affect the supply of people lining up to get thrown over the side the next day."

• Finally, Desi Doyen has our first Green News Report of the new year, with much to catch up on after our long holiday break, including the brutal, climate change-fueled weather across much of the country this week; President Joe Biden's last-minute ban on new offshore drilling across most U.S. coastal waters; the environmental legacy of the late President Jimmy Carter; and much more...

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Still trying to make sense of it all on today's BradCast. But at least we've got confirmation today on a few different stories that we've been yelling and screaming about for years now. [Audio link to full show follows below this summary.]

Among our stories today...

• A hand-count of ballots in Ashtabula County, Ohio last week found that two contests on the ballot --- one, a tax levy to fund city schools, the other, to fund a cemetery district --- were actually adopted by voters on November 5th, after previously being reported, inaccurately, as having failed. The hand-count in the contests took place after errors were discovered in the tabulation for all County Issues on the ballot during a hand-count of a fire district levy, which also flipped from NO to YES, thanks to the hand-count.

  Tomorrow, the 2024 Presidential Electors, chosen by the popular vote in each state, will meet in each state capital to cast their vote in the Electoral College. A majority of those votes will be cast for Donald Trump, based on the computer-tallied results in each state. Those results either accurately reflect the intent of the majority of the electorate --- or they do not. Without the publicly-overseen hand-counts that cybersecurity and voting system experts were strongly recommending this year in particular (we think it's a good idea for every election), Americans are unlikely to ever know one way or the other if Trump actually defeated Kamala Harris. At least in Ashtabula they now know that their levy issues were tallied as per voter intent, and the local high school which saw its roof collapse in early December under five and a half feet of snow, will now be able to afford to fix the damage.

• Former FBI informant Alexander Smirnov pleaded guilty on Monday to lying to federal agents about a supposed $10 million in bribes he falsely claimed were paid by Burisma, an energy company in Ukraine, to Joe Biden and his son Hunter. Those lies, which Smirnov said were peddled to him by members of Russian intelligence, were at the center of House Republicans' failed attempt to impeach President Biden, after they and Trump and his other supporters laundered that disinformation from Russian intelligence operatives into the American media and chambers of the U.S. Congress.

• Over the weekend, CNN reported that nearly three dozen of Donald Trump's nominees for his incoming Administration were donors to his campaign or to "outside" groups supporting him. Eight of Trump's nominees to Cabinet positions, so far, donated more than $37 million dollars. That doesn't even include the $277 million dollars spent by Elon Musk to help buy Trump's Presidency and his position of power within it. Musk has been named to head up Trump's so-called "Department of Government Efficiency." Compare that to the seemingly paltry $100,000 in donations to the 2020 Biden Campaign or super PACs supporting him, from a dozen members of Biden's Cabinet. As Sen. Bernie Sanders (I-VT) noted this weekend on Meet the Press, "Never before in American history have so few billionaires, so few people, had so much wealth and so much power. And never before, in American history, have the people on top had so much political power. We can't go around the world saying, 'Oh, well, in Russia, Putin has an oligarchy.' Well, we've got an oligarchy here too!"

• Of course, it's not just those hoping to abuse positions of power in Trump's next Administration. Over the past week, Amazon founder (and Washington Post owner) Jeff Bezos and Facebook CEO Mark Zuckerberg each announced their companies were giving $1 million to Trump's inauguration fund. And over the weekend, ABC News --- owned by the Goliath, $200 billion Disney corporation --- announced they were settling a defamation case filed against them and George Stephanopoulos after the ABC anchors' on-air assertion that Donald Trump "had been found liable for rape" in the lawsuits filed against him by writer E. Jean Carroll, in which juries found Trump liable for some $88 million dollars after guilty verdicts for sexual abuse and defamation. The case they chose to settle would likely easily have been won by ABC for a number of reasons, including the fact that the Judge in Carroll's defamation case against Trump told the jury that the jury in the sexual assault case found Trump was indeed found guilty of what "many people commonly understand the word 'rape'" to mean. Instead of fighting, however, the Disney-owned company bent the knee, agreed to issue an apology, give $15 million to Trump's future Presidential Library fund as a "charitable contribution", and $1 million to his law firm. Why would they do that? Josh Marshall offers an excellent explanation, citing how legacy media outlets like ABC News and Washington Post (along with CNN, NBC, MSNBC and others) amount to a drop in the bucket to the major corporations which own them. While those corporations are willing to sacrifice their money-losing news outfits, they are willing to pay tribute to the "King" to help dissuade him from abusing his power to go after the rest of their multi-billion dollar corporations that are far more vulnerable to abuses of power by a corrupt President.

• Finally, we open the phone lines to listeners on all of the above --- or whatever else is on their minds today --- in what is likely to be our last call-in show of the year. And, for reasons I cannot explain, they were all suspiciously kind today. Hmmm....

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Lots of news today on BradCast, though not all of it terrible. It also features not one, but two song and dance men, though only one of them is not a horrible person. Either way, we promise to leave you singing on your way out of the theater. [Audio link to full show follows this summary.]

Among today's stories of note...

• In the largest single-day act of clemency in modern U.S. history, President Joe Biden commuted the sentences of some 1,500 people today who were released from prison to home confinement during the COVID pandemic. As discussed, he also promised "more steps in the weeks ahead."

• The Dept. of Justice's Inspector General released a long-awaited report [PDF] today on the FBI's preparation for what became Donald Trump's January 6, 2021 attack on the U.S. Capitol. Despite years of false claims by MAGA Republicans, including members of Congress, that undercover FBI employees somehow instigated the attack, the I.G. report finds, among other things, that none were present at the Capitol that day.

• Inflation and, specifically, high prices at the grocery store have been cited by many as the reason for Donald Trump's apparent election victory last month. In fact, he ran on promises of lowering prices at the grocery store "very quickly" throughout the campaign. In September, for example, he declared: "Vote Trump and grocery prices will come tumbling down". In October, he promised to "bring your grocery bill way down." And, in an interview that aired on NBC this past Sunday, he attributed his victory, in part, "on groceries" and said again that "we're going to bring those prices way down." Rarely did anyone in the media throughout the campaign press him on how he would lower the cost of groceries. So it seems voters were misinformed enough to believe him and vote for him. And yet, in an interview with Time before Thanksgiving just published today, Trump admits he has no actual plan to lower prices at the grocery store. "It's hard to bring things down once they're up," he told the magazine. "You know, it's very hard." We'll see how long it takes, if it ever does, for MAGA buyers remorse to set in.

• But you know who did help keep your grocery prices low? The Biden Administration's Federal Trade Commission. Biden's progressive Chair of the FTC, Lina Kahn, led a lawsuit against the proposed 2022 merger of grocery giants Kroger and Albertsons, arguing the $20 billion deal would raise prices for consumers and lower pay for the company's 700,000 union workers. This week, a federal judge agreed with the FTC and blocked the merger, at least for now. In the meantime, Trump's nominee to Chair the FTC, Andrew Ferguson (a former clerk for corrupt Justice Clarence Thomas), vows to abandon Khan's tough standards for mergers between powerful American companies.

• North Carolina Republicans took a beating in statewide races in November, losing the contests for Governor, Lt. Governor, Attorney General, Sec. of State and Superintendent of Public Instruction. They also lost their gerrymandered supermajority in the state legislature. So, while they still have the power to do so in their lame-duck session, Republican lawmakers, passed a massive bill under the guise of disaster relief for Hurricane Helene (which simply shifted already existing funding from one account to another) and used the next several hundred pages of the bill to strip many of the key powers from all of the incoming Democratic statewide officials. The outgoing Democratic Governor vetoed the obvious power grab. But, last week, the GOP-controlled Senate used their supermajority to override the veto and, despite an outpouring of protest from voters at the state capital, the GOP-controlled House did the same last night. Nonetheless, I suspect this fight ain't over.

• Finally, Desi Doyen joins us for our latest Green News Report on, among other things, the wildfire in Malibu, California that led to the emergency evacuation of thousands of residents, including film and TV legend Dick Van Dyke, who turns 99 on Friday. Also, on the effort by environmentalists to add Endangered Species Act protections to the quickly disappearing Monarch Butterfly. As Des mentions at the end of today's show, you can leave a public comment here in favor of the Fish and Wildlife Department's effort to protect the butterflies.

  And, as she also discussed, that fantastic and charming and so, so sweet music video and interview with Van Dyke by Coldplay's Chris Martin, released just last week before the fire --- filmed at Van Dyke's Malibu home which, thankfully (as you'll be especially happy to hear after watching the video!), didn't burn down this week, can be seen right here. Never mind today's BradCast for the moment. Go watch that video. We'll be here when you get back. You'll thank us!

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Hey! Happy "Certificate of Ascertainment of Appointment of Electors" Day! I know, it seems like it comes earlier and earlier every election year doesn't it? We take the festive opportunity on today's BradCast to discuss a few related points, including a bunch of new state criminal filed charges in the GOP's 2020 fake Electors plot and whether the convicted felon who is now our incoming President actually won a governing "mandate" (or not) in 2024. [Audio link to full show follows this link.]

FIRST UP... The wildfire we discussed briefly yesterday out here in Malibu, California, amid exceptionally dry and windy conditions, expanded by nearly 40% overnight and was reportedly just 7% contained as of airtime. At least 7,500 structures are threatened and more than 12,000 people are under evacuation orders, including wealthy homeowners and celebrities such as Cher and Dick Van Dkye, students at Pepperdine University, and thousands of middle class and working residents in the community. The area is a geographic haven for such fires for a number of reasons discussed today, all of which has been exacerbated in recent years by our worsening climate crisis.

THEN... FBI Director Christopher Wray, who was appointed by Donald Trump after he fired James Comey for investigating Russia's interference in the 2016 election, has decided to "obey in advance" by announcing he will resign in January when Trump takes office again, three years before the official end of his term. The incoming President has threatened to fire Wray and replace him with loyalist stooge and avowed government weaponizer Kash Patel. Still, there are reasons to be critical of Wray's limp decision to "bow out in advance."

NEXT... Not all law enforcement officials are willing to roll over. In Wisconsin, state prosecutors added 10 felony charges each to three different Donald Trump accomplices who attempted to help him steal the 2020 election. The new criminal charges [PDF] were filed on Tuesday against 2020 Trump attorneys Jim Troupis and Kenneth Chesebro, as well as Trump's 2020 Election Day operations director Mike Roman as part of the failed fake Electors scheme in the state that year. Troupis and Chesebro are said to be the original architects of the plot. Each of the Trump dupes had previously faced just one felony count apiece, with their first court appearance set for Thursday. Now they will each face 11 counts and a potential 6-year prison sentence and/or $10,000 fine for each count if found guilty.

FINALLY... In the early morning hours following the November 5th Election, Donald Trump declared he had won an "unprecedented and powerful mandate." Members of his transition team subsequently claimed a "MAGA Mandate" and "historic mandate for his agenda." But, Trumpian hyperbole aside, did he actually win any such thing?

Now that all states have certified their results and officially declared which slate of Electors will vote in the Electoral College in each state capital on December 17 --- (remember, I told you today was the "Certificate of Ascertainment of Appointment of Electors" Day!) --- the final results, with all votes said to be tallied, reveal that Trump defeated Kamala Harris by less than 1.5 percentage points and that a majority of Americans voted for someone other than him.

That doesn't seem particularly "unprecedented" or "powerful", much less a "mandate".

But what is a mandate anyway? Today, we're joined by JULIA R. AZARI, Professor of Political Science at Marquette University, who happens to have written a book on that very topic, called Delivering the People’s Message: The Changing Politics of the Presidential Mandate.

As Azari warned in a short article posted the day after this year's election, when Trump's margin over Harris appeared to be far larger than it actually turned out to be, "Be wary of anyone claiming an election mandate," given that "talking about mandates flattens public opinion, rather than lifting it up" and "elevates the president above the Constitution and gives him a popular power he was never meant to have." As she explains today, that goes for Republicans and Democrats alike.

"I've been pretty critical of the way that Presidents of both major parties have used that concept," she tells me. "Although I would also note that, in contemporary times, Republicans have been a lot more focused and ideological in their mandate claiming."

Azari argues, essentially, that voters vote for and against many different things in an election, and there is no clear way to establish that they have voted for any one particular policy, much less in an election with one of the narrowest margins in modern history and where the winner of the Electoral College actually received a minority of the popular vote.

When any President-elect declares themselves to be the winner of a mandate --- or when the media echo that claim --- "this gives the President a little bit of extra power, at least in their own minds, that they feel justified in taking," Azari says, "and it enhances that power over that of Congress, rather than thinking of Congress as a co-equal branch."

She also notes: "When that power is in the hands of somebody who isn't really keen on Constitutional constraints, we may see some serious consequences."

We've got much to discuss with Azari on all of those points today. But what about Presidents who actually do win a majority of the popular vote? Do they have justification to claim a governing mandate? How should media report on such claims no matter who makes them? And how have claims of mandates been expanding and changing over the years going all the way back to the first such President to do so, Andrew Jackson in 1832? Please tune in for all of that history, both past and present, and much more on today's BradCast!...

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Today on The BradCast: How "news deserts" are quickly expanding across the U.S. and how they played a disturbing role in this year's Presidential election. [Audio link to full show follows this summary.]

While finger-pointing continues in the wake of the stunning, if very narrow (less than 1.5%) popular vote victory of Donald Trump over Kamala Harris last month, we continue to focus on the many failures of the media that led to it, including corporate media, social media and independent media. And, in some cases, as discussed on today's show, a lack of local media in news deserts around the country.

According to the 2024 State of Local News report from Northwestern University's Medill School of Journalism, "Since 2005, more than 3,200 print newspapers have vanished." They are now said to be disappearing at "a rate of more than two per week", with some daily papers becoming weeklies, and many ending their print editions entirely. "As news organizations continue to contract, news deserts --- areas that lack consistent local reporting that fills critical information needs --- continue to expand."

Our guest today, 36-year former Washington Post media reporter PAUL FARHI, in an analysis of the Medill study with John Volk, finds that while Trump won the 2024 election "with one of the smallest popular vote margins in U.S. history", in 91% of news deserts he won by "an avalanche," by an average of 54 points in the 193 counties identified as news deserts where county-level results were available as of last week.

But, as Farhi and Volk note in their coverage, quoting Steven Waldman of the Rebuild Local News organization, "The wrong way to interpret this is ‘Oh, the rubes voted for Trump because they’re uninformed.’”

What is the right way? Well, that's what Farhi is here to discuss today.

He explains that those voters who live in news deserts --- usually rural, though not always Republican-leaning counties --- do have access to national media outlets such as CNN, Fox "News", the New York Times, etc. But, without local news outlets to add context to national issues, they may end up voting against their own best interests. Those voters, for example, may not realize that the Trump/Republican call for tariffs might end up raising local prices or result in the loss of local employment. They may not understand that access to healthcare and the right to abortion may be lost in their own community.

"These issues have local resonance," Farhi tells me, "but they don't if you have no access to understanding how they affect your local community. So what happens? The research that's emerging is that people frame their choice around their partisanship. 'I'm a Republican, I'm going to vote Republican. I don't need any local news to modify that behavior because I don't have any news to modify that behavior.' It increases the polarization and the partisanship of the electorate, because they have no information to weigh it against what's happening in their local community."

Beyond politics, Farhi notes: "In news deserts, because you don't have a watchdog, you have more political corruption on average. You have higher taxes on average. You have lower bond ratings. You have a certain kind of social alienation and loss of community, because no one is covering the high school sports, or obits, or the community events, or the things that are not major stories, but they kind of give a community some cohesion and coherence, and common knowledge. Those things, when they disappear, which they do in news deserts, are disproportionately affecting Trump voters."

The disturbingly fast expansion of news deserts may also be leading to a growth in ticket-splitting --- votes cast for a Republican at the top of the ticket, for instance, but no votes at all cast for Senator, Congress or in local races. That's because voters may simply not have enough local information to know how to vote. Ironically, that may have helped Democrats win some of those Senate and House races this year in states where Harris lost the popular vote to Trump.

It's a fascinating conversation. And a disturbing one. Also, given Farhi's 36 years as a media reporter at Washington Post until leaving last year, I asked him for his thoughts on the decision by the paper's billionaire owner, Amazon founder Jeff Bezos, to nix the planned Editorial Page endorsement of Harris just days before the November election; how Bezos' ownership has affected the venerable news outlet; and whether he thinks it is a good or bad idea, for news in general, for people to cancel subscriptions to such outlets in protest. (More than 250,000 subscribers reportedly did exactly that just after Bezos spiked the paper's endorsement of Harris.) Please tune in for all of that and much more in our discussion today!

ALSO TODAY...

• The Dept. of Justice Inspector General released a report on the abuse by the Trump Administration's leak investigations that included spying on two members of Congress (Democrats Adam Schiff and Eric Swalwell), along with 43 staff members of both Republican and Democratic lawmakers. One of the staffers secretly caught up in the 2017 probe, was Kash Patel, Trump's proposed nominee to head the FBI. He served as a staffer, at the time, to a Republican Congressman and only recently learned that the Administration abused DoJ policies to obtain his email and phone records. Suffice to say the report may add reasons for Patel to be angry and seek retribution, but not of the media or Obama or Biden Administrations, despite his vow to investigate and jail both members of the media and officials of both Administrations. His problems, it seems, may be much closer to home.

• Finally, as yet another apocalyptic climate change-fueled wildfire threatens celebrity homes and Pepperdine University in Malibu today, Desi Doyen joins us for our latest Green News Report, with news on deadly back-to-back storms in the U.K. and Ireland; China's EV boom eroding the global demand for oil; and Donald Trump's plans to end Joe Biden's landmark loan programs to renewable energy companies and tax credits to consumers like you, for home improvements such as solar panels, weatherized windows and electric vehicles...

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The cruelty really does appear to be the point, as discussed on today's BradCast. [Audio link to full show follows below this summary.]

On Wednesday, the hateful creeps who have been fired up for years by Fox "News" and the Republican Party against trans kids, had their day at the U.S. Supreme Court, which heard some two and half hours of oral argument for and against the state of Tennessee's Big Government ban on safe, medically prescribed gender-affirming care for minors.

U.S. v. Skrmetti, as CHRIS GEIDNER of Law Dork, our guest today, pointed out in his coverage last night after sitting through the full hearing at the Court, should have been an "an easy case, in some ways." The actual legal question for the moment is whether the U.S. 6th Circuit Court of Appeals, which upheld TN's cruel ban, applied the proper standards when hearing the case. If the law banning medical care for youths, as recommended by their doctors and approved by their parents, is based on sex, it should be subject to at least "intermediate scrutiny" by the court, meaning the government needs to prove "there is an important government interest and the law is substantially related to it," Geidner explains. "You need to have a reason" to adopt such a law that may discriminate on the basis of sex.

No such scrutiny was applied to TN's Senate Bill 1 when its challenge was heard and the law upheld by the lower court. The Biden Administration and the ACLU attorney representing the private challengers in the case made clear that the law is, in fact, based on sex and therefore should be remanded to the lower court to be heard under heightened scrutiny to ensure there us a legitimate governmental interest in enforcing the law which, plaintiffs argue, violates the 14th Amendment's Equal Protection clause.

That said, Wednesday's hearing became, at times, more of a culture war over trans rights in general, as 25 other largely GOP-controlled states have adopted similar bans in recent years. Their laws will be affected by whatever happens in this case currently at SCOTUS. That, as Donald Trump and his allies have vowed to roll back protections for transgender people at the national level after he takes office again next year.

The matter, in short, is very high stakes. But the stakes are the highest at the moment for the kids who will be --- and already are being --- unconscionably harmed by these insidious laws meant to help Republicans gain or hold power under the guise of keeping children safe. These laws do no such thing. They are actively harming children rather than help them.

Geidner breaks down what happened at the High Court on Wednesday; how a 2020 case (before the all-out GOP war on transgender people kicked into high gear) in which Republican Justices Neil Gorsuch and John Roberts actually joined the Court's liberals to protect trans rights may affect this case; and whether TN will be able to get five Justices to uphold their ban --- or if the challengers will find five that are willing to at least send the matter back down to the lower court for a proper hearing.

"All that DoJ and the ACLU, representing the private plaintiffs, were saying is that, 'The 6th Circuit got the wrong standard, and all that you need to do is say that this is a sex-based classification, and send it back for them to do the rest of this work'," says Geidner. The case, the challengers argued, is a Constitutional Equal Protection matter. But, as Geidner observes, "What we saw from Chief Justice Roberts and Justice [Brett] Kavanaugh was an attempt to come up with a way of resolving the case that would allow these laws to exist that isn't anti-trans. Which can essentially only happen by turning the Equal Protection clause on its head or rendering it virtually irrelevant." That would have a sweeping effect on all matter of legislation encroaching on Constitutional rights.

The matter, Geidner assess, now most likely rests upon decisions by Justices Amy Coney Barrett and Gorsuch who, Geidner notes --- after having written the majority opinion in 2020's landmark Bostock case that prevented discrimination against transgender people by their employers --- fell curiously silent throughout the entire hearing on Wednesday.

Most media coverage after the hearing on Wednesday suggested things don't look good for the challengers --- and for the children they are hoping to protect. Geidner concedes that may be the case, but he holds out hope and explains why today.

Also on today's program...

• A few words about the 7.0 magnitude quake in Northern California this afternoon, and the tsunami warning that briefly followed it, affecting some 5.3 million people on the West Coast. (For those who asked after the news broke today: We're fine! And nowhere near the quake down here in Southern California! But thanks for asking!)
• And, finally, Desi Doyen joins us for our latest Green News Report on a North Carolina town suing Duke Energy for years of deception about climate change; how climate change has become the dominant cause of drought in the U.S. West; South Africa's High Court bans new coal plants; and small, imperiled island nations like Vanuatu and Kiribati, whose entire existence is now threatened by rising seas, are leading a courageous landmark fight for global climate action at the U.N.'s International Court of Justice...

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Okay, we're back live for today's BradCast after a much-needed holiday break! Thank you for your patience. Of course, on Day One of our return, breaking news overnight shakes up our best-laid return plans. Welcome back. [Audio link to full story follows this summary.]

Among our coverage today...

• Before leaving for our Thanksgiving holiday, we had been covering, in some detail (see here and here for a start), concerns by longtime computer scientists and cybersecurity and voting systems experts about the accuracy of the results of the 2024 Presidential election. The bulk of their concerns center around unprecedented breaches of proprietary voting system software by Trump supporters in several different battleground states after the 2020 election. Systems were unlawfully breached and its software copied and distributed via the Internet to MAGA "Stop the Stealers". The experts have been calling on [PDF] Vice President Harris to seek hand-counts or partial hand-counts in several battleground states to confirm the accuracy of reported results. While we were off last week, another expert rang in. Jacqueline Singh served as the Lead Incident Response and Threat Analyst for the 2020 Biden-Harris Campaign. Last week she penned a brief, open letter to President Biden and Vice President Harris, urging them to seek "a comprehensive forensic audit" of the 2024 results, based on a number of issues that she argues "undermine confidence in the election results." Singh, "the cybersecurity lead" on Biden's 2020 campaign, explains why such an audit would "not only verify the accuracy of the vote count but also identify vulnerabilities that could threaten future elections." That said, I have neither seen nor heard any evidence that the Biden-Harris Administration, the Harris-Walz Campaign, or any other official body is even considering such a post-election audit beyond the few, minimal spot checks run by several states, much less a full or partial hand-count of paper ballots in states won by Biden in 2020 but reportedly lost by Harris in 2024.

• Over the weekend, Donald Trump appointed the fathers-in-law of his two daughters to top positions in his upcoming Administration. Tiffany's billionaire father-in-law Massad Boulos was named as Trump's senior White House advisor on Arab and Middle Eastern Affairs. Trump didn't bother to note his familial relation when making the announcement. The day before, Ivanka's father-in-law, convicted felon Charles Kushner (Jared's dad), was tapped to become the next U.S. Ambassador to France. In 2005, Kushner pleaded guilty to 16 counts of tax evasion; one count of federal witness tampering; and one count of campaign finance violation. His prosecutor, then-US Attorney (later NJ Governor and Trump ally) Chris Christie has described the case as "one of the most loathsome, disgusting crimes" he had ever prosecuted. Tune in to find out why. That said, Trump pardoned Jared's dad and his daughter's father-in-law for all of those crimes before leaving office in 2020.

• Also over the weekend, Trump announced plans to appoint longtime loyalist and MAGA merchandiser Kash Patel as the next FBI Director, even though the current Director, Christopher Wray (also appointed by Trump), still has three years left in his current term. The announcement suggests that Wray will be fired upon Trump taking office, unless he resigns first. FBI Directors serve 10 years in office in order to span Presidential administrations, in order to prevent the position from being politicized. Patel has vowed to weaponize federal law enforcement by bringing retribution against the so-called "deep state" and to prosecute Trump's perceived enemies at the DoJ, FBI and the federal government as a whole. He has also vowed retribution against Trump's perceived political enemies, promising to "go out and find the conspirators, not just in government, but in the media...who lied about American citizens who helped Joe Biden rig Presidential elections." Whatever, dude.

• And with all of that for context by Sunday night, President Biden issued a full pardon for tax and gun charges faced by his son Hunter Biden, despite previously vowing he would not do so. In his statement announcing the pardon, the President explained (correctly) that his son was selectively targeted by a Trump-appointed prosecutor for six years. "No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son --- and that is wrong," Biden explained. "There has been an effort to break Hunter --- who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they’ve tried to break me --- and there’s no reason to believe it will stop here. Enough is enough."

  So, did Joe do the right thing in pardoning Hunter, as many are arguing today? Or did he set a troubling "precedent" for pardoning family members that Trump will subsequently abuse when he returns to the Oval Office, as others have argued? Even as they apparently failed to notice that Trump already did that when he was in office the first time, issuing pardons to his daughter's father-in-law and dozens of other personal cronies.

  Listeners ring in on all of the above on today's BradCast...

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It's a jam-packed show today, as we try to fit as much in as we can for our last BradCast until after the Thanksgiving holiday. Yes, we're taking a much-needed week off next week. But we've got some advice for all of us on today's program on how to (try and) survive the holidays with MAGA friends and family members and, perhaps, pave the way for a better tomorrow. [Audio link to full show follows this summary.]

Among our coverage today...

• Minutes after the Gaza Health Ministry announced that 44,000, mostly women and children, have been killed during Israel's 13-month long war following the October 2023 Hamas attack that killed 1,200 in Israel, news broke from the International Criminal Court. Warrants have been issued by the ICC for the arrest of Israel's far-right Prime Minister Benjamin Netanyau, his former Defense Minister and Hamas' military chief on charges of crimes against humanity and other war crimes. We explain what that means and doesn't.

• Police in Monterey, California on Wednesday night released a 22-page report [PDF] on the 2017 sexual assault allegations filed by the organizer of a Republican women's event against Pete Hegseth, a featured speaker at the forum, Fox "News" weekend host and Donald Trump's nominee to be the next U.S. Defense Secretary. The police report includes disturbing and seemingly damning details, as well as corroborative statements and texts from a number of witnesses and medical personnel. Police had recommended the case to the Monterey County District Attorney's Office for review at the time. Hegseth, who says the tryst was "consensual" and denies allegations of drugging the victim and preventing her from leaving a hotel room, paid a cash settlement to her last year to avoid a lawsuit. Somehow, the Trump Transition team claims to have known nothing about these charges and, in the meantime, Hegseth remains Trump's pick to head the U.S. Dept. of Defense.

• Fellow accused sexual miscreant, Matt Gaetz, however, is no longer Trump's nominee to be the nation's top law enforcement official. He withdrew from consideration to be the next U.S. Attorney General on Thursday morning, following daily revelations of new evidence supporting claims that the former Florida Congressman paid thousands of dollars for sex with 17-year old girls, trafficked the underage minors across state lines, used illicit drugs and other activities which would be disqualifying for the job of the nation's top cop in every Administration but Trump's. Gaetz resigned from Congress last week, on the same day he was tapped by Trump, just one day before the House Ethics Committee was to consider releasing their report on all of these allegations. His resignation letter reportedly stated that he did "not intend to" take the oath of office in the new Congress following his re-election on November 5. Don't be surprised, however, if he shows up anyway to take the oath of office on January 3rd, when the new Congress is sworn in. Telling the truth about anything has never been Gaetz' strong suit. (Moments after we got off air, former Florida A.G. Pam Bondi --- who declined to investigate allegations against Trump after he made a donation to her campaign --- was tapped as Trump's new nominee to lead the U.S. Justice Dept.)

• We've got still more evidence today about the polluted "information environment" that many, including myself, have blamed for the re-election of Trump over Kamala Harris on November 5. In this case, a new survey finding that some 74% of voters had heard about Harris' non-existent "plan" to "protect the rights of transgender people," thanks to $37 million in ads citing the false claims about the Democratic nominee, and a failed media environment --- corporate, social and independent --- simply unable (or uninterested) in accurately informing the electorate to the contrary. (In related news, both Desi and myself are now on Bluesky! Please follow us there! She is @GreenNewsReport.bsky.social. I am @TheBradBlog.bsky.social.)

• Then, we're happy to once again be joined today by RICH LOGIS, Founder and Executive Director of Leaving MAGA, a non-profit formed to help others, like himself, escape what he describes as the "Cult of MAGA". Logis spent years as a Republican pundit turned dyed-in-the-wool Trumper, having voted for the disgraced former and future President in both 2016 and 2020, before finally coming to the difficult realization that he'd been taken in by a dangerous cult leader.

  Logis contributed to the Democratic National Convention this year with video testimonials from fellow former MAGA members and worked on behalf of the Republicans for Harris campaign.

  Today he joins us to discuss, among other things, what he's learned over the past year from his series of podcast interviews with fellow former MAGA cultists; what he attributes Trump's victory to (hint: he agrees me with about the polluted "information environment" in which Trump supporters are no longer able to distinguish truth from lies); and how he recommends non-MAGA Americans deal with their MAGA family members and friends over the upcoming holidays.

  "Donald Trump's toxic superpower is lying," Logis tells me today. "The rightwing in the Republican Party lie about everything. So I succumbed to mis- and disinformation. When I realized that I had, by diversifying my news and information sources, it set me on the pathway to leaving MAGA."

  Logis believes, as I do, that there will be more --- not fewer --- people looking to leave MAGA in the months and years ahead, as the reality of Trump's next clown show takes shape. The time to start helping them to do so is now, he argues.

  While conceding that it might sound "very naive", he advises progressives and other non-MAGA folks to try and "make some dinners politics-free this year." But, if that can't be done, he recommends attempting to "extend the olive branch and say, 'I would like to have more of the kind of relationship that we may have had before 2015 and 2016.'"

  Logis makes the case that, even while recognizing that many MAGA opponents will not feel like it's their duty to take that step. "It's a way to reopen opportunity, reopen that door," he asserts, so when those folks are finally ready to leave MAGA, hopefully in the not-too-distant future, they will know there is space and an exit ramp for them to do so.

  Anyway, as usual lots more in my conversation with Logis today. And he does have some cred here, as he once again felt it necessary to apologize for his part in "helping Donald Trump divide our country, pitting complete strangers against each other, tearing asunder friendships, families, communities and places of worship." He explains that his work in creating Leaving MAGA "is a way for me to make amends."

• Finally today, Desi Doyen joins us for our latest Green News Report and last before our Thanksgiving break, with news on the back-to-back, climate change-fueled monster storms that slammed the Pacific Northwest over the past several days; a new report on how the climate crisis intensified every U.S. hurricane in 2024; the discovery of a huge cache of "rare earth" elements in a surprising location in the U.S.; and New York's Governor changing her mind, yet again, about congestion pricing in NYC to help reign in both traffic and air pollution while bringing in a ton of much-needed dollars to the city...

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