On today's BradCast, I’m in for Brad and Desi today – Angie Coiro, of In Deep with Angie Coiro.

My guests are AMBER McKINNEY, from Law360, discussing the DACA ruling from the 9th circuit and Trump’s latest royal edicts on immigration; and D.D. GUTTENPLAN, editor-at-large at The Nation, and author of the new book The Next Republic: The Rise of a New Radical Majority.

Of course, we have to start off with a lovely story: the Wall Street Journal reports that Donald Trump's been caught red-handed, connected directly to the hush money sent to former mistresses.

Then it's onto the two ongoing big stories: horrific fires in Northern and Southern California, and the elections grinding on in Florida, Arizona, and Georgia. Both the NAACP and a passel of retired generals have weighed in against GOP interference.

A review of the numerous headlines on Trump's efforts to alter immigration policy by presidential proclamation, and his loss in the 9th Circuit court on his efforts to undercut DACA.

A sprinkling of good news (Ruth Bader Ginsberg already back and work! Thousands in the street protecting Mueller!), then D.D. Guttenplan with his new book on revolutionaries rejuvenating our republic.

Download MP3 or listen online below...

We're getting tired of being right about this stuff. The political apocalypse we predicted for the day(s) after the 2018 midterm --- from problems counting ballots to Trump's "burn it all down" response to the results --- appears to be playing out in a number of ways today. We have several big news items today regarding reported results in Florida, Arizona and Georgia on today's BradCast. [Audio link to full show posted below.]

But first today, we needed to hit several disturbing breaking news headlines...

• 12 people were killed in a mass shooting at the Borderline Bar & Grill in Thousand Oaks, CA, a wealthy suburb just outside of Los Angeles in Ventura County, during it's popular country music college night. The shooter, who took his own life, was reportedly a 28-year old white male Marine combat veteran thought to be suffering from PTSD. Victims are said to include the bar's security guard, an armed Sheriff's deputy, and a survivor of the October 2017 massacre in Las Vegas that killed 58 and left more than 800 wounded;

• 85-year old U.S. Supreme Court Justice Ruth Bader Ginsberg was reportedly hospitalized on Thursday, after fracturing three ribs in a fall in her office;

• A three-judge panel on the 9th Circuit U.S. Court of Appeals ruled that the Trump Administration's attempt to kill President Obama's 2012 DACA program was likely done so in violation of the law. For now, the protection from deportation for hundreds of thousands of immigrants brought here as children will stay in place, though the Administration has filed for a quick ruling from the U.S. Supreme Court;

• The White House has barred CNN's Jim Acosta from the White House, after the President's bonkers post-election press conference on Wednesday. The White House lied about their reasons for doing so, despite video of the presser revealing their blatant lie;

• And Trump's firing of Attorney General Jeff Sessions on the day after the midterms is quickly leading to a full-on Constitutional Crisis, as he has named Matthew Whitaker, a former political operative and opponent of Robert Mueller's Special Counsel investigation, as Acting AG responsible for overseeing that probe. Normally, the Deputy AG --- Rod Rosenstein, who had been overseeing it following Sessions' recusal --- would fill that role. It's feared Whitaker, a Trump loyalist, is likely to move to scuttle the Mueller investigation at any moment.

Meanwhile, the fight to count votes continues to grow predictably uglier in several states following Tuesday's contentious midterms. Democrats are now said to have picked up at least 31 seats in the U.S. House, taking back control of the chamber from Republicans, with analysts forecasting that they could end up winning as many as 38 new seats, as votes continue to be tabulated and canvassed across the country. But there are growing concerns about computer-tabulated results in U.S. Senate and Governors races in at least three different states tonight...

• In Florida, a "recount" now appears inevitable in the U.S. Senate race between incumbent U.S. Senator Bill Nelson and his Republican challenger Gov. Rick Scott, with the margin between the two at less than 0.22% as of airtime. That would trigger an automatic statewide hand count in the Sunshine State. But there remain many questions about uncounted provisional and absentee ballots, as well as tens of thousands of suspicious undervotes in the Senate race reported by the paper ballot computer tabulators in Broward County. Some 25,000 voters, according to the computers, voted for down-ticket races like Agricultural Commission, but failed to vote in the top-of-the-ticket U.S. Senate race?

  In the state's gubernatorial election, Republican Rep. Ron DeSantis' lead over Democratic Mayor Andrew Gillum, has now fallen to 0.47 percent. If it stays below 0.5 percent, it would trigger an automatic machine "recount" statewide. (The margin must be below .25 percent for a hand count in Florida.)

• In Arizona, there are nearly three-quarters of a million completely uncounted ballots across the state, leaving the results of the highly-contested and very close U.S. Senate race between Republican Martha McSally and Democrat Kyrsten Sinema in doubt. Arizona sources tell me that this many still-uncounted early and absentee ballots is now unusual for the state. But with all eyes on whether Democrats can flip the seat of retiring Republican Sen. Jeff Flake blue, a lot more people are now noticing. Sinema currently leads McSally by about one-half of a percentage point, according to the latest computer-tabulated numbers.

• And in Georgia, attorneys for Democratic gubernatorial candidate Stacey Abrams held a news conference today, in which they offered a blistering response to Sec. of State Brian Kemp's declaration of victory in the Governor's race, and his belated resignation as SoS along with it. Team Abrams charges there are thousands of wrongly rejected and still-uncounted ballots in the state, though --- thanks to Kemp's horrific administration of the election --- they are unable to know how many there actually are and how many voters were unlawfully prevented from voting at all. They forcefully repeated Abrams' Election Night vow to fight to assure that every vote is counted, even if legal action is required to ensure it.

Finally, Desi Doyen joins us for the latest Green News Report, with both good news and bad for the environment from Tuesday's midterm elections.

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On today's BradCast: Some brakes --- some --- may now finally be applied to our ongoing Trump-induced national emergency, in the wake of his election two exhausting years ago. [Audio link to show is posted below.]

Despite shameful obstacles placed in front of voters across the country during Tuesday's midterms, Democrats managed to wrestle back control of the U.S. House of Representatives by flipping at least 27 seats, as of airtime, with the results of several other races still unknown, according to unverified computer tabulation in all 50 states. Setting aside partisan issues, women and diverse candidates were the biggest winners yesterday...along with the American people.

At the same time, the GOP reportedly picked up several seats in the U.S. Senate, even while Democrats racked up some very important (and, occasionally stunning!) wins at the gubernatorial level. Those wins and losses (including Scott Walker ousted and Kris Kobach denied!) are likely to reverberate for the next decade, as the next round of redistricting occurs after the 2020 census.

Today we review as many of the noteworthy reported results from House, Senate and Governor races as we can possibly jam into one single show....and then we hit several important ballot initiative results as well.

Moreover --- and, perhaps, as importantly --- we look at several "too close to call" races where no winner has yet been declared by media and/or a number of contests with outcomes worth questioning, including in Florida, Georgia, Texas and elsewhere. (If only every candidate sounded like Georgia's Stacey Abrams at the end of a reportedly very close election night!)

Election Day may be over, but the fight for public oversight of results may just be beginning.

Oh, and as we long predicted would happen if results didn't go Trump's way on November 6, today he fired Attorney General Jeff Sessions to begin his move against Special Counsel Robert Mueller. Nonetheless, for today at least, we won't allow Trump to hijack our news cycle on The BradCast...

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It's the final day before Election Day polls open for the crucial 2018 midterms, and I hope you'll not believe a word about what you are hearing regarding who may or may not win or lose. In fact, for many reasons discussed on today's BradCast, nobody actually knows. And, given the way we tally votes in this country, it's possible nobody will ever know who won or lost, no matter whether Democrats or Republicans end up taking control of the Senate, the House or dozens of Governors' mansions across the country. [Audio link to show is posted below.]

But, over the weekend, amidst one of the nation's most hotly contested gubernatorial races, it was revealed by independent online news outlet WhoWhatWhy, that Georgia's entire voter registration database is completely vulnerable online such that "even a low-skilled hacker" could compromise all registrations in the state via its online My Voter Page portal. The stunning security hole allows any voter registration to be easily changed --- or even cancelled entirely --- as recently as this weekend, just hours before Election Day polls open on Tuesday for our crucial midterms.

The information about the vulnerability, as the outlet's Jordan Wilkie and Timothy Pratt reported first exclusively, came from an astute observer in Georgia who notified the state Democratic Party when he discovered the problem. In turn, the Dems notified U.S. intelligence officials and Georgia's Republican Sec. of State Brian Kemp, who happens to be overseeing his own reportedly very close race for Governor against Democrat Stacey Abrams. By Sunday morning, incredibly enough --- and without providing any evidence whatsoever --- Kemp released a statement falsely accusing the Democratic Party of Georgia of cybercrimes, suggesting they had attempted to hack the state's online voter registration database.

Shamefully, the corporate media ran with Kemp's claims. It would be hours before the actual facts of the matter were picked up, if at all, by those same media outlets who could simply have read WhoWhatWhy's original exclusive for details on what had actually happened in the first place.

We're joined today by MARILYN MARKS, Election Integrity champion and the Republican founder of Coalition for Good Governance, a non-partisan organization which has been taking Kemp to court countless times over recent months regarding his failed oversight of the state's 100% unverifiable touchscreen voting system, his voter roll purges of legitimate voters, and his rejection of absentee ballots from disproportionately African-American voters.

Her group was among the first to learn of the stunning online registration system vulnerability and help alert WhoWhatWhy to the problem. Marks details how Kemp --- who has resoundingly lost several times in federal court over the past week alone --- has pulled the same, almost identical scam on the public in the past. She tells me that this is at least the third time that Kemp has falsely claimed whistleblowers who discreetly reported vulnerabilities they discovered in the state's electoral system are actually attempting to hack it. He did the same in 2016 before, six months later, the Dept. of Homeland Security's Inspector General finally found that Kemp's allegations were completely baseless. And he did so again in 2017, after a data researcher discovered the state's entire voter registration database, voting machine programming and administrative passwords had been left online before and after the 2016 Presidential election with no security protections.

Then, as now, Kemp falsely reported the matter to the FBI as a cyber crime. Marks also had a word or two for the media outlets which continue to credulously parrot Kemp's claims, despite the complete lack of evidence to support the allegations. Marks described the latest incident as a "total abuse of [Kemp's] position as Secretary of State".

All of that comes over the weekend, even as the Dept. of Homeland Security, according to the Boston Globe today, is said to have discovered an alarming rate of actual attempted hacks --- some which they say have had "limited success" --- of our electoral systems in the weeks leading up to Tuesday's election.

Next, a few words of advice about voting from Oprah Winfrey, before we open the phone lines to callers regarding why they will or won't be voting in Tuesday's midterms.

Oh, and here's Jennifer Cohen's article today at the New York Book Review, in which she quotes me a time or three regarding "What Could Possibly Go Wrong" both at the polls on Tuesday and on the computer tabulators which will tally ballots --- correctly or incorrectly --- in all 50 states on Tuesday night...

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Among the many stories covered on today's BradCast, a bit more than one week from the crucial midterm Election Day. [Audio link follows below.]...

• A 56-year old white man from Florida, suspected of sending mail bombs to about a dozen perceived enemies of Donald Trump, is arrested and charged with federal crimes. To the surprise of absolutely nobody, the alleged MAGABomber, Cesar Sayoc, Jr. turns out to be a huge fan of Donald Trump. Attorney General Jeff Sessions fails to call it terrorism;

• In Tennessee, a state court rules in favor of voting rights advocates who sued to require Shelby County (Memphis) election officials to allow thousands of new registrants to cure any alleged omissions or errors on their voter registration applications through Election Day, and to allow those voters to vote on normal, not provisional, ballots. The Republican-majority commission in the very Democratic-leaning county, has said they would appeal the ruling. The matter could be crucial to the tight race for U.S. Senate between popular former Democratic Gov. Phil Bredesen and Republican Rep. Marsha Blackburn in the contest to fill the seat of retiring GOP Sen. Bob Corker;

• In Georgia, massive attempted voter suppression overseen by Republican Sec. of State and gubernatorial candidate Brian Kemp, should qualify the entire state as a crime scene, at this point. More troubling news along those lines today, as the DeKalb County Election Commission appears to have lost nearly 5,000 vote-by-mail applications. The Democratic Party claims they turned in 4,700 requests, but the County tells the NYTimes they only received 48! The potential disenfranchisement of thousands of voters could effect the tight gubernatorial race between Kemp and African-American Democrat Stacey Abrams. Given the massive suppression attempts in the state, I don't see how a Kemp victory could possibly be seen as legitimate;

• In Texas, amid the very tight U.S. Senate race between incumbent Republican Sen. Ted Cruz and his Democratic challenger Beto O'Rourke, many of the 100% unverifiable electronic voting machines used across the state are reportedly selecting Cruz during some attempts at straight ticket Democratic votes. State and county election officials confirm the problem with their voting systems made by Hart-Intercivic of Austin has existed for years. Nonetheless, they are blaming voters, rather than themselves or Hart, their private election vendor, for the failure. That, despite conceding that it is those systems, used in many TX counties, that are at the root of the problem for voters;

• Finally, we're joined by energy and politics writer DAVID ROBERTS of Vox.com, to discuss a very important initiative on the ballot in Washington state this year. Roberts explains Initiative 1631, which, if adopted on November 6th, would create a price for carbon pollution by creating a fee for the use of fossil fuels that cause global warming. The revenue raised by the measure would be used to fund key initiatives to improve the environment and help middle and lower income Americans. Roberts describes, as he recently wrote in much more detail, how the new initiative differs from the revenue-neutral carbon tax which failed at WA polls in 2016, and how the fossil fuel industry is spending tens of millions to crush this effort (just as they did in 2016).

  All of this on a week, which we also discuss, when Canadian Prime Minister Justin Trudeau has staked his 2019 re-election chances on a new national carbon tax and dividend policy. The politically courageous effort was announced this week, despite what is predicted to be a neck-and-neck contest next year with his Conservative Party opponent. The scheme would tax the use of fossil fuels and send all revenue from the measure straight back to Canadians each year in the form of a check.

  Expect to see many more such efforts both in North America and across the world, to place a price on carbon pollution, as the globe continues to warm while fossil fuel companies continue to pollute the atmosphere for free. As Roberts notes: "Civilization is on the line."

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It was a dark day on Wednesday, but there were a few rays of light that managed to shine through anyway on today's BradCast. [Audio link to show follows below.]

We'll start here with the grim news. Pipe bombs were discovered to have been sent to perceived political enemies targeted by Donald Trump, including former President Obama, Hillary Clinton, former CIA Director John Brennan, former Attorney General Eric Holder, Congresswoman Maxine Waters and CNN. The explosive devices each appear to have been sent by the same person and follow on a similar one sent to Democratic Party funder George Soros earlier this week. All the intended targets have been widely derided for months, if not years, by Trump, Fox "News" and their many Republican followers.

Thankfully, nobody was hurt. But, as discussed today, the biggest surprise may be how long it has taken for something like this to happen, given the President of the United States --- and his fellow Republicans --- targeting their opponents and the corporate media as the "enemy of the people" with increasingly vitriolic attacks as the midterms approach.

Next up: Tens of thousands of voter registrations were recently rejected by Shelby County (Memphis), Tennessee election officials, with thousands more not yet even processed, even as Early Voting began in the state last week, and the November 6th midterms are now less than two weeks away. Moreover, many of those rejected voters haven't been notified and given a chance to cure the problem, in the very Democratic-leaning, majority-minority county.

The non-partisan Tennessee Black Voter Project, which submitted some 36,000 registration applications in recent months, has threatened the County with legal action. In turn, the County's Republican-led Board of Elections has blamed the Project for turning in a "staggering" number of registrations, many allegedly with what they claim to be errors or missing information. (The group is required to turn in ALL registration forms collected, whether or not they contain either major or minor errors when filled in by prospective voters.)

We're joined today by Shelby County Democratic Party Chair COREY STRONG to explain the hurdles that voting rights advocates there are now actively attempting to overcome, and the history of voter suppression that, he explains, African-American voters in Memphis continue to face this year.

He charges that local officials are disenfranchising minority voters. "We have a history of our Election Commission in Shelby County not necessarily taking it upon themselves to really uphold the values of fair and just elections," he tells me. "If all of the issues end up affecting one side --- the Democratic, urban, poor, minority voters --- then you have to start asking questions, and somebody's got to be held accountable."

The battle on behalf of Shelby County voters comes amidst a reportedly very tight U.S. Senate race between popular Democratic former Governor Phil Bredesen and Republican Rep. Marsha Blackburn, in the contest to fill the U.S. Senate of retiring GOP Sen. Bob Corker. The strongly "blue" county (which went to Clinton by 30 points in 2016 in a state that went to Trump by 25 points) is "very pivotal to statewide elections," Strong explains. In this case, it's central to the state's Senate race as well as Democratic hopes of gaining control of the upper chamber and Republican efforts to hold on to their thin majority.

Strong also discusses concerns about problems during Early Voting, the failure and dangers of electronic pollbooks used across state, and the 100% unverifiable touchscreen voting systems that voters in Memphis are still forced to use to cast their votes at the polling place

But, as noted, we do have a few rays of encouraging news on today's show as well!

On Wednesday, a federal judge ordered an injunction on Georgia's rejection of absentee ballots from disproportionately African-American voters. The rejections are said to be based on ballot signatures that allegedly do not match ones voters' signatures on file. The court found [PDF] voters were being disenfranchised by the scheme that allowed partisan, non-handwriting expert election officials to discard ballots without allowing voters an opportunity to cure any suspected problems on their mail-in ballot envelopes. According to several voting rights groups who sued Republican Sec. of State and gubernatorial candidate Brian Kemp, today's ruling is a big victory amid Kemp's tight race for Governor against African-American Democrat Stacey Abrams.

And, in a bit more good news today, the New York Attorney General, following a three-year investigation, has filed suit against ExxonMobil for an alleged "longstanding fraudulent scheme" to defraud shareholders by publicly downplaying --- and spending millions to deny and confuse the public about --- the serious risks that climate change poses to the company's bottom line. The suit could cost the company hundreds of millions, if not more, and expose Exxon to additional litigation elsewhere. According to the complaint, while publicly claiming concern about global warming as caused by their products in recent years, the company “employed internal practices that were inconsistent with its representations, were undisclosed to investors, and exposed the company to greater risk from climate change regulation than investors were led to believe"...

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On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]

But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.

"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.

Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.

Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.

Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.

"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.

"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."

"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."

He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."

Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...

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On today's BradCast, the GOP's far-right take-over of the U.S. Supreme Court for generations --- including one blatantly stolen seat and two men accused of sexual misconduct and/or assault --- is now all but complete, and we discuss an upcoming SCOTUS case that some have cited as reason for the Trump/GOP panic to get their man on the bench as soon as possible. [Audio link to show is posted below.]

On Friday, the four theoretically previously-undecided U.S. Senators announced how they planned to vote on the confirmation of accused sexual assaulter and confirmed liar Brett Kavanaugh for his lifetime appointment to SCOTUS. Republican Sen. Lisa Murkowski of Alaska announced her intention to vote against him, while Republicans Susan Collins of Maine, Jeff Flake of Arizona and Democrat Joe Manchin all declared they will vote in favor of the most contentious nominee to the high court, perhaps in U.S. history. We discuss what all of that means today, moving forward, as the far-right cements its stolen majority. As you might imagine, both Desi and I have some thoughts on all of that today.

Then, we're joined by legal historian and Fordham Law School professor JED SHUGERMAN, author of The People's Courts, to discuss the upcoming Supreme Court case that many Trump opponents have cited in recent days as one of the explanations for Republicans' apparent panic to seat Kavanaugh on the Court as quickly as possible. The case, Gamble v. U.S., involves what some on both the Right and civil libertarian Left consider to be unconstitutional double jeopardy regarding an Alabama man who was convicted at both the state and federal levels for unlawful possession of a firearm. Some Trump critics have suggested, depended on how its decided, that the case could result in states being barred from prosecuting Donald Trump, his associates, or his family members in the event that they are pardoned at the federal level.

Shugerman --- who was one of more than 2,400 legal professors to sign on to a recent letter published by the New York Times calling on the Senate to reject Kavanaugh's nomination due to his lack of appropriate judicial temperament --- explains why he believes the Gamble case poses no threat to state prosecutions of Trump and/or his associates, nor to Special Counsel Robert Mueller's investigation and prosecution of Team Trump.

He also explains today why he signed the public letter opposing Kavanaugh, how it now may affect lawyers who signed it when arguing cases before Justice Kavanaugh, why he believes the GOP has been in such a hurry to seat Kavanaugh, and the "completely unprecedented" public opposition to him by former Supreme Court Justice John Paul Stevens.

Shugerman also describes some of his major concerns for the Court once Kavanaugh is finally in place: how Chief Justice John Roberts is going to be forced to deal with it. "How is he going to manage this explosive controversy and the unprofessional conduct, the injudicious conduct, of Judge Kavanaugh? How will he restore consensus to this Court? How will he manage Judge Kavanaugh, given that he should have reason to fear that Judge Kavanaugh cannot be balanced, and won't be perceived to be balanced when he's on the Court?"

Finally today, some listener mail regarding more voter registration problems via the vote.org service (we recommend registering either in-person or via your Sec. of State or County website, rather than via third-party app, is possible); the first reports of 100% unverifiable touchscreen vote-flipping in the general election (in the very close U.S. Senate race in Missouri between Democratic Sen. Claire McCaskill and her GOP challenger Josh Hawley); and Willie Nelson's new song, Vote 'em Out!, debuted for the first time at last weekend's 55,000-person rally in Texas, in support of Democratic Congressman Beto O'Rourke's surging campaign against Lone Star State Republican Sen. Ted Cruz...

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On today's BradCast, what else? The FBI's sham "investigation" of Kavanaugh and news of great note regarding the November midterm elections. [Audio link to show follows below.]

The FBI's supplemental background report on U.S. Supreme Court nominee Brett Kavanaugh was released on Thursday morning. Just one copy was made available to U.S. Senators only. It received much criticism from Senate Democrats and much approval from Senate Republicans who couldn't even have possibly read it by the time they were lauding it. The release comes on the heels of the National Council of Churches calling for Kavanaugh's nomination to be withdrawn "immediately", and more than 2,400 law professors (and counting) signing onto a statement seeking the same. Nonetheless, even before the "White House Whitewash" of a report was even released, Republicans scheduled a final floor vote on the confirmation of the most partisan, dishonest nominee the nation has likely ever seen.

Even 98-year old retired Justice John Paul Stevens, appointed by Republican President Gerald Ford and who lauded Kavanaugh in a 2014 book, announced he is now opposing his confirmation following his angry and partisan testimony last week in the Senate Judiciary Committee in response to multiple sexual assault allegations. Justice Steven suggested --- as the churches and law professors did --- that Kavanaugh has proven he lacks the appropriate judicial temperament for a lifetime appointment on the U.S. Supreme Court.

But, even with hundreds of anti-Kavanaugh protesters descending on the Senate today, the only thing that ultimately matters will be the votes of five undecided U.S. Senators. One of them, Democratic Sen. Heidi Heitkamp, who faces a tight re-election contest in Trump-leaning North Dakota in November, announced on Thursday she is a "No" on Kavanaugh. The others, Jeff Flake (R-AZ), Susan Collins (R-ME), Lisa Murkowski (R-AK) and Joe Manchin (D-WV) have yet to commit, though Flake and Collins said on Thursday they found the FBI investigation --- which failed to interview dozens of witnesses, including Kavanaugh himself and his first accuser Dr. Christine Blasey Ford --- to offer no new corroboration to the allegations against the nominee. Collins says she found it to be "very thorough". Manchin, who, according to polling, is comfortably ahead of his Republican opponent this November --- even in state Trump won by 42 points in 2016 --- is reportedly "leaning 'Yes'" on Kavanaugh.

If all Dems vote against and just two Republicans join them, the confirmation will be killed. The first procedural vote, to invoke cloture and move to the final vote, is scheduled for tomorrow.

In the meantime, the divisive issue has helped fuel enthusiasm for the crucial November midterms by both Democrats and Republicans, according to new polling, which also finds younger voters far less likely to vote this year, sadly. The Democrats' hoped-for "blue wave" may rest on turnout of young voters, and may not be quite as certain as many believe, particularly with obstacles preventing voters from registering (the deadline for doing so comes up this weekend in many key states), from voting and from having votes verifiably counted as cast.

While last week's National Voter Registration Day was an unexpected success, thousands of citizens who registered to vote in Texas via the non-profit Vote.org will not be added to the rolls, according to a new report. That could be troubling news for a number of races in the Lone Star state, not the least of which is the contest between GOP Senator Ted Cruz and his surging Democratic challenger Beto O'Rourke.

Finally today, Desi Doyen joins us for the latest Green News Report, with news on Big Oil's big win in the new NAFTA, several Category 5 storms spinning at the same time in the Pacific, a new record low for Arctic sea ice, and the big news of Tesla's Big Battery which is a big hit for South Australia's power grid...

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We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

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On today's BradCast, the FBI investigation into multiple allegations of sexual assault and belligerent drunken behavior by U.S. Supreme Court nominee Brett Kavanaugh continues, as Republicans in the U.S. Senate prepare to force a vote on his confirmation before Senators, much less the public, get a full look at the information gathered by the brief and limited probe. As that shameful illustration of a process broken by Republicans for the nation's highest court plays out, a number of other noteworthy news stories slip through the cracks just over one month before the crucial 2018 midterm elections. [Audio link to full show follows below.]

On Sunday, California's Governor signed a Net Neutrality bill into law, meant to replace the Obama-era consumer protection that was gutted by the Trump Administration's Federal Communications Commission (FCC). Hours later, Trump's Dept. of Justice sued the Golden State to prevent the new law from taking effect. So much for the GOP's pretend love of "states rights".

On Monday, Trump announced "a brand new deal to terminate and replace NAFTA" [the North American Free Trade Agreement] with a "totally" new deal between the U.S., Canada and Mexico as "the biggest trade deal in United States History." Even though it is NAFTA 2.0, it will now be called, if adopted by the U.S. Congress (a big "if", as our guest explains today), the United States Mexico Canada Agreement, or USMCA.

And, on Tuesday, Amazon founder and CEO Jeff Bezos announced the company will be increasing their minimum wage for all workers, both permanent and seasonal, to $15/hour beginning next month, after years of attacks by critics for low wages paid by the world's second most valuable company.

We're joined by financial journalist and author DAVID DAYEN to discuss all three of those news items, whether they are a "Big Deal or No Big Deal?", and how the news may or may not affect the upcoming November elections.

On Amazon's increased wages, Dayen tells me it is "only going to bid the price of labor up. So that is a good thing." He also explains why it is "a political success for Bernie Sanders and this idea that you need to put pressure on these huge, monopolistic companies in order the get them to do right by their workers." But, he also warns, "there's an escape valve here for Amazon."

The new NAFTA includes an end to what Dayen calls the "corporate shakedown regime" in NAFTA's "horrendous" extrajudicial process for settling trade disputes between corporations and countries. That's a "huge deal" he says, which could help set a template to vastly improve other trade deals as well, and potentially increase wages for workers. But he also explains why unions are, nonetheless, not yet all in for the deal and notes that it can only be approved by the next Congress --- which will likely be far more Democratic than the current one --- if labor buys in.

On DoJ's challenge to California's own Net Neutrality law, Dayen explains, the Administration may have little choice but to try and block it, even as Republicans --- when it comes to states other than California, anyway --- argue states should decide what's best for their own residents. In the Golden State, however, "if you give net neutrality protections, if you allow the state of California to pass them, then that's going to migrate," he says. "There's a genuine concern that these regulations --- which of course were in place at the federal level and were taken out by FCC Chair Ajit Pai and the conservatives on the FCC --- would almost, by default, come back if this were allowed to stand. ... All that work they did at the FCC could be for naught."

Finally, we're joined by Desi Doyen with our latest Green News Report, with record rainfall numbers from Hurricane Florence (and the giant mosquitoes which have arrived in its wake), the Trump Administration's use of catastrophic climate change data to justify a deadly rollback of Obama-era fuel efficiency standards, and the French President calling for the nations of the world to reject trade deals with any country who is not a party to the Paris Climate Agreement (that would include only the U.S., which has announced its intention of pulling out of the landmark pact as soon as allowable --- the first day after the Presidential election in 2020)...

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On today's BradCast, the Brett Kavanaugh circus continued over the weekend and into Monday, as the U.S. Supreme Court nominee now faces an expanded investigation by the FBI into multiple sexual assault allegations and --- depending on the breadth of that probe, which is up to the White House and/or Senate Republicans --- into his excessive drinking in high school and college. But it's his lies about it all today, not thirty years ago which are of the most note. [Audio link to show follows below.]

A number of Kavanaugh's fellow classmates have come forward in recent days to call him out for lying to Congress during his angry rebuttal testimony last Thursday in response to accuser Dr. Christine Blasey Ford before the Senate Judiciary Committee. Those classmates report they have had trouble reaching the FBI to share their thoughts and observations. At the same time, the scope of the background probe is being questioned by Democrats, with conflicting reports about whether a witness list will be limited to a handful of people said to have been present during an alleged attempted rape by Kavanaugh and his friend Mark Judge in 1982, and the charge by accuser Deborah Ramirez that Kavanaugh exposed himself to her during a drunken party at Yale.

All of that follows Sen. Jeff Flake's (R-AZ)'s dramatic request for a "limited" FBI probe as he voted in favor of Kavanaugh's nomination in the Senate Judiciary Committee on Friday. In a 60 Minutes interview on Sunday, Flake claimed that if Trump's SCOTUS nominee is shown to have lied to the Committee, his nomination would be over. But Kavanaugh demonstrably lied multiple times already in both his initial testimony and his emotional response to Ford on Thursday. We detail just a few of the small but unmistakable lies --- which were non-partisan, non-political, and non-ideological --- that the longtime GOP operative turned federal judge offered to the Committee last week regarding his high school yearbook page on which he used slang references to several sex acts, his own excessive use of alcohol, and then lied about all of them, under oath (a felony), to the U.S. Senate.

We're joined today by former litigator turned journalist and podcast host JESSICA MASON PIEKLO of Rewire.News, to discuss what we know --- and don't --- about the FBI probe, who they should talk to if it is to be a legitimate investigation, and the "window into Judge Kavanaugh's judicial temperament" revealed on Thursday before being all too happily ignored by the bulk of GOP Senators.

"You might remember during the Sonia Sotomayor confirmation hearings," she reminds us, "Sen. Lindsey Graham, for example, spent a lot of time on Justice Sotomayor's temperament and writings she had done about her experience growing up as a Latina, and what that brought to her judging." Graham doesn't seem to care all that much of such concerns anymore, it seems.

"So, while we have some really serious and, in some cases, salacious allegations against Judge Kavanaugh, the confirmation hearing isn't a criminal trial. This is about probing his temperament for the bench. And federal judicial standards say that you have to have a judicial temperament that includes no evidence of excessive partisanship, for example," Pielko, who Tweets as "Hegemommy", observes. "We have a whole list of things that, so far, indicate he does not have the temperament to sit on the Supreme Court, let alone retain his seat on the D.C. Court of Appeals, frankly."

"We have allegations against Judge Kavanaugh, and evidence that suggests that he misled Senate Judiciary Committee members under oath, if not outright lied. And that, in itself, is disqualifying," she tells me, while detailing how the FBI's investigation could also help to exonerate Kavanaugh. "Their job is to get as much information from both sides of these allegations. It's actually an extension of the 'advice and consent' and disclosure processes that is supposed to happen in the routine course of nominations."

We also discuss what may happen to the information gathered by the FBI after its handed over to the White House and whether the Senate, much less the public, will ever be allowed to see it. And, we talk about what may happen --- and how Democrats should move forward hereafter --- once Kavanaugh is either rejected or confirmed for a lifetime seat on the U.S. Supreme Court.

Finally, some new polling is out showing that Kansas' Secretary of State and infamous GOP "voter fraud" fraudster Kris Kobach could be in trouble in his bid to become Governor against Democrat Laura Kelly (and independent Greg Orman), and there are still more new signs that Republicans are heading into triage mode to try and save their U.S. House majority from a possible "blue wave" in the November midterm elections...

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On today's BradCast, I’m your guest host --- Angie Coiro, of In Deep with Angie Coiro --- while Brad and Desi are on the road.

I’m glad to have JODI JACOBSON on hand, from Rewire.News. Like me --- and like you, maybe --- she watched the whole Brett Kavanaugh circus today, and shares her impressions with us. She’ll be back again tomorrow.

Speaking of Rewire, this story posted there late today is deeply affecting. Watching Dr. Christine Blasey Ford’s life get shredded, five Congresswomen spoke up to publicly identify themselves as victims of sexual assault or domestic violence. Rep. Alma Adams of North Carolina said so very simply that this is "just part of her job representing her constituents."

This hour I present to you the contrasting statements of the accuser and the accused. A tentative but strong, conciliatory and polite woman (asked about taking a break, she replied "Does that work for you? I’m used to being collegial."), and an angry, bellowing, interruptive, hostile nominee for a lifetime position on the U.S. Supreme Court. As Brian Behar tweeted: "Can you imagine what the reaction would've been if Dr. Ford had behaved even half as hysterically as Brett Kavanaugh or Lindsey Graham?"

Speaking of Twitter: you’re welcome to view my analysis of Brett Kavanaugh’s tell-tale face. I tweeted that thread before he took his seat at the hearing; then, every time I glanced at his face, it only confirmed for me his wrath at having his power, privilege, and entitlement questioned in the slightest. I guarantee you: countless women have seen that face in the worst of all possible circumstances, and you never forget it.

Until tomorrow, then...

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What does it say about the state of the nation when reporting on sworn allegations against a U.S. Supreme Court nominee may be NSFW? Safe for work or otherwise, we have that along with much more encouraging news on today's BradCast. [Audio link to show is posted below.]

First up, a report, for context, from Washington Post in 1990 about the alcohol and sex-fueled house party culture of several elite private high schools in Maryland, including the ones attended by both U.S. Supreme Court nominee Brett Kavanaugh and at least one of his accusers.

Then, four sworn declarations were filed with the U.S. Senate Judiciary Committee, under penalty of perjury, on Wednesday, by the attorneys for Dr. Christine Blasey Ford, on behalf of witnesses who say they were told years ago by Ford about her allegation of the attempted rape by Kavanaugh and his friend Mark Judge during one such high school house party. Each witness describes how Ford informed them about what she says happened, long before Donald Trump selected Kavanaugh as his SCOTUS nominee. (It's also worth noting that Ford's letter to her U.S. House Representative about the incident was also reportedly sent prior to Kavanaugh actually being named to fill the seat vacated by Justice Anthony Kennedy.)

Incredibly, none of those were the most startling declaration filed with the Committee under penalty of perjury on Wednesday by a long shot. Julie Swetnick, a long time federal agency employee with active and inactive Secret and Public Trust security clearances, filed a jaw-dropping affidavit detailing her years of knowing Kavanaugh and his close friend Mark Judge during high school in Maryland. In the declarations she says she attended many house parties at which the pair were present during those years, and charges that Kavanaugh "drank excessively" and would become abusive and physically aggressive toward girls whom he and Judge would "target" after spiking punch at the parties "with drugs and/or grain alcohol."

Most disturbingly, however, she describes her "firm recollection" of seeing both men lining up to participate in "gang rapes" of the incapacitated girls, and says that she became one of them in 1982. Swetnick attests that "shortly after the incident" she "shared what transpired with at least two other people" and is "aware of other witnesses that can attest to the truthfulness" of her statements.

Still, even with this third named accuser of alleged sexual crimes and misconduct in high school and college by Kavanaugh, the President of the United States refuses to order an FBI investigation into any of the charges, and Republicans on the Judiciary Committee intend, as of now, to move forward with Thursday's hearing with testimony only from Kavanaugh and Ford (but none of the many other witnesses or accusers). They say they plan to vote on his nomination in Committee the following day. A full Senate floor vote --- according to Donald Trump at a presser at the UN today, in which he described the allegations as part of a "big, fat con job" by Democrats --- could happen as early as this weekend, with the Court set to begin their new term on Monday.

Following those horrors today, we look toward the November midterms for at least some hope. A new poll by AP and MTV finds young voters, for some reason, citing increasing anxiety about the election. We also cover the widespread national effort to make voting easier for students on college campuses, and the effort by Republicans to prevent that. Happily, we can report an encouraging ending this week to one long fight to make it easier for students at a college near Philadelphia to participate in their own democracy.

Finally, we take a look at some mostly encouraging new polling for Democrats in U.S. Senate (and Gubernatorial) races in Florida, Texas and Arizona...

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On today's BradCast: It's National Voter Registration Day as the crucial midterm general elections on November 6th are now exactly 6 weeks away. Other than that, today's news may be somewhat less encouraging --- though we, and the world, manage to have a bit of a laugh at Donald Trump's expense, in the bargain. [Audio link to show follows below.]

First up: Happy National Voter Registration Day! Do you need to register to vote before November 6th? Have you checked your registration lately to make sure it's accurate? Today is a great day to do so!

Today is also a great day, apparently, for the world to laugh at the President of the United States, as they literally did at the United Nations General Assembly on Tuesday. Not with Donald Trump, but at him, during his address to the Assembly.

While there, during a joint media avail with the President of Colombia, Trump also took the time to attack the two named women who have accused his U.S. Supreme Court nominee, Brett Kavanaugh, of sexual assault during high school and his first year at Yale. Trump also dismissed the allegations as little more than "a con game being played by the Democrats." That, even as new information continues to buttress the allegations by the women and as the calls grow louder (even from Mormon women) for a full, legitimate investigation of their charges, which the White House and Republicans refuse to ask the FBI for (and which even potential Kavanaugh swing vote Lisa Murkowski (R-AK) now says she'd like to see.)

Meanwhile, Kavanaugh, a longtime GOP operative who claimed during his initial Senate confirmation hearings just weeks weeks ago that "the Supreme Court must never be viewed as a partisan institution", took to the right-wing Fox 'News' air waves on Monday night for a softball interview with his wife, in hopes of defending himself against the growing allegations. He and his first accuser, Dr. Christine Blasey Ford, are scheduled to give testimony before the U.S. Senate Judiciary Committee on Thursday. In advance, the all-white, all-male Republicans on the Committee have announced they are hiring a woman to ask questions of Ford on their behalf, though they won't identify her. They have also now scheduled a committee vote on Kavanaugh's nomination the very next day, on Friday.

At the same time on Thursday, Trump is scheduled to meet at the White House with Deputy Attorney General Rod Rosenstein, the Republican who oversees the Robert Mueller Special Counsel probe into the alleged conspiracy between Team Trump and Russia. The meeting, at which many expect Rosenstein will be fired, follows a misleading exclusive report published by the New York Times charging Rosenstein had suggested secretly taping Trump and recruiting White House staffers to invoke the 25th Amendment early last year. As subsequent reporting by other outlets reveals, however, Rosenstein was reportedly being sarcastic with his comments, according to people who were actually at the meeting in question. Nonetheless, we are still barreling toward a potential Constitutional Crisis as early as Thursday, thanks in no small part to the pretext for firing Rosenstein --- and perhaps Mueller, shortly thereafter --- äs provided by the Times' reporting.

We're joined today by former Media Matters media critic, author and political writer ERIC BOEHLERT of ShareBlue to discuss both of these stories and where they may be headed, as well as for some insight into what the hell is wrong with the New York Times.

On the Supreme Court, Boehlert says, among many things of note today: "With Merrick Garland, and with Kavanaugh, the Republican Party in 18 months is this close to demolishing the legitimacy of the United States Supreme Court. That has huge implications, not just for law and justice, but for an authoritarian like Trump. Because corrupting the high courts is always a goal of any authoritarian, just like de-legitimizing the free press."

As to his analysis of the "institutional problems" at the Times, you'll have to tune in for details, but he notes: "There does seem to be a pattern. When they get things wrong, they get things wrong in a way that helps Republicans."

Finally today, Desi Doyen joins us for our latest Green News Report, as the impacts of Hurricane Florence continue in the Carolinas two weeks after landfall, including new evacuations, more record flooding, the toxic release of coal ash into North Carolina waters, and the media failure to connect the climate change dots to all of it. She also offers a bit of good news for us today, for a change, out of Cleveland, OH! So there's that!...

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