On today's BradCast: The first day of hearings in the U.S. Senate Judiciary Committee for Judge Brett Kavanaugh, Donald Trump's very unpopular nominee to fill the U.S. Supreme Court by "swing vote" Justice Anthony Kennedy last month, started with tens of thousands of documents withheld by the White House over the weekend, kicked off Tuesday morning with pandemonium from Democratic committee members objecting to the proceedings, and continued with protests and arrests of some 70 observers in the chamber throughout the day. Just another unprecedented day in the U.S. Senate in the Trump Era. [Audio link to show follows below.]

Today we cover much of the havoc with extended excerpts from the hearings, and then a visit with columnist, Zero Hour radio host and former Bernie Sanders 2016 campaign writer RICHARD ESKOW, who joins us to try and help us make sense --- any sense --- of it all.

With some 100,000 documents from Kavanaugh's time in the George W. Bush White House (where he served as legal adviser and Staff Secretary during some of Dubya's most consequential decisions, on everything torture to marriage equality) being withheld at the instruction of the Trump Administration late on Friday night and some 42,000 documents dumped on Committee members on the Labor Day Monday evening before hearings were to begin on Tuesday morning, we discuss whether Democrats should have shown up at all for today's hearings for the longtime Republican Party operative turned federal judge turned SCOTUS nominee.

Kavanaugh, who appears to have lied to the U.S. Senate during his 2006 Senate hearings for the D.C. Court of Appeals, is now being rammed through in what appears to be a desperately mad dash by Republicans to seat him with a bare majority before they may lose control of the U.S. Senate after this November's midterms. So, should Democrats have even played along with what some are describing as an "illegitimate" process or should they simply have refused to show up altogether?

"Even the strongest statements [from Democrats] today were not strong enough. They were good, they were fine, but every debater knows that as long as you allow your opponent to establish a phony premise or a phony setup for the debate, you're going to lose," Eskow argues. "By showing up --- even by voicing their objections --- the Democrats, by the way they are handling this, are legitimizing the process, in my opinion."

We also discuss the media coverage of the nomination and subsequent hearings, and the dilemma we in the media face in how (and if) to cover the substantive issues and related concerns about Kavanaugh's hard-right record as a jurist. On one hand, we are legitimizing an illegitimate process in doing so. On the other, if seated on the GOP's already-stolen U.S. Supreme Court, Kavanaugh will almost certainly serve as the fifth vote to rollback and/or reverse decades of hard-fought civil rights victories and much more for at least a generation. So, we do need to cover it, right? (That's a very real question that I've been debating for quite a while. Would welcome your thoughts in comments below!)

And all of this, mind you, for a potential Justice nominated by a President facing a serious criminal investigation, and who will almost certainly, if seated, sit in judgment of Special Counsel Robert Mueller's probe into the same President who nominated him for a lifetime position on the nation's highest Court.

"It's Alice in Wonderland," charged Vermont's Democratic Sen. Patrick Leahy, who has been in the Senate for 44 years, overseeing the Judiciary Committee's confirmation hearings for every single Justice currently on the Court, during his opening remarks on Tuesday: "Today, the Senate is not simply phoning in our vetting obligation, we're discarding it. It's not only shameful, it's a sham...And any claim that this has been a through transparent process is downright Orwellian...This is the most incomplete, most partisan, least transparent vetting for any Supreme Court nominee I have ever seen...and I've seen more of those than any person serving in the Senate today."

Also on today's show (albeit very quickly!): Voters head to the polls for primary election day in Massachusetts on Tuesday, Delaware on Wednesday, and fast-moving Hurricane Gloria now threatens the Gulf Coast...

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We start off with some very good news on today's BradCast, for a change. (The less good news comes later...but it's nowhere near as bad as the good news is good.) On Wednesday, the California state legislature adopted a measure that will require the state to use only 100% "carbon-free" electricity by 2045. The landmark climate change bill, which state lawmakers have been debating for two years, now awaits the signature of Gov. Jerry Brown. [Audio link to full show is posted below.]

We're joined by Vox.com's environment and energy journalist DAVID ROBERTS to discuss what that actually means, if the goal is feasible, and what could prevent Brown from signing the landmark measure. (For a complete and, yes, wonky explanation of the debate over a separate if related measure that could hold up Brown's signature on this one, see Roberts' recent article here.)

Roberts breaks down what the legislation's change from 100% "renewable" to 100% "carbon-free" electricity means and why the entire effort is such a huge frickin' deal that deserves more coverage than its likely to get right now. Last year, the state of Hawaii lead the way by adopting a similar measure, but with California as the world's 5th largest economy, this move, as the Los Angeles Times recently reported, would truly turn the Golden State into a world leader on climate change action.

"If you put together the size of the economy, the nearness of the targets, and the ambition, I think this is as big as anyone has gone. I think this is as big as it gets," Roberts tells me. "I don't think there's another economy in the world that is comparably large and carbon-intensive, that has anything close to comparably ambitious goals."

The measure also increases the state's current goal of moving to 50% renewable energy by 2030, up to 60% by the same year. That, as Roberts explains, because California has almost reached its previous goal already, years earlier than planned! "They'll probably beat these targets, too," he says. "One of the reasons this is happening is most utilities in California are closing in on their 2030 targets already, and its 2018."

As usual, Roberts makes all of this otherwise-wonky stuff accessible to mere mortals --- and actually enjoyable. Well, at least I enjoyed it. Hope you will too!

Then, back to some less good news of the day. On Thursday, President Trump informed Congress that he wants to cancel the scheduled pay raise for federal workers that is due them in January, charging "Federal agency budgets cannot sustain such increases". That, after giving a $1.5 trillion tax cut to corporations and the wealthy last December and signing a $717 billion defense appropriation bill just weeks ago. Both have resulted in what even the White House now admits will be unprecedented year-after-year trillion dollar deficits. Trump and Republicans now hope to force the "forgotten men and women" of the working class, that he pretended to care about during the 2016 election, to pay the price for it, even though non-military federal workers have already seen pay and benefits cuts of more than $200 billion since 2011 and now earn 5% less than they did at the start of the decade.

In West Virginia, coal baron and convicted felon Don Blankenship will not be allowed to run for the U.S. Senate this year on the Constitution Party's ballot line. The state's Supreme Court (or what's sufficing for it at the moment, with two of its five members recently resigned and the three others facing impeachment by the GOP state legislature --- see my conversation with Slate's Mark Joseph Stern about that earlier this week), agreed with their Sec. of State that Blankenship's candidacy would run afoul of the state's "sore loser" statute after he placed third last May in the Republican primary contest for that party's Senate nomination. The ruling is good news for the state's Attorney General and GOP Senate nominee Patrick Morrisey, as Blankenship might have siphoned off some of his support. Morrisey hopes to unseat the conservative incumbent Democrat, Sen. Joe Manchin, this November.

Finally, Desi Doyen joins us for the latest Green News Report, with more on today's encouraging news out of California, some bad news for those who live in areas with high air pollution, and the disturbing news that Puerto Rico's Hurricane Maria is now officially the deadliest U.S. natural disaster in more than 100 years --- though Donald Trump still thinks he did a heckuva job in his response to it...

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On today's BradCast, results, as reported by computer tabulators, from Tuesday's primary elections in Florida and Arizona and primary runoff elections in Oklahoma. Also, more details on what went so terribly wrong in Maricopa County, AZ which kept many voters from being able to cast a vote at all. Nevada's June primary disasters were far worse than reported. And an answer to at least one mystery regarding 2016 Presidential ballots in Michigan. [Audio link to complete show is posted at end of article.]

First up, among the noteworthy results we cover from yesterday's midterm primary elections...

• In Florida, progressive Tallahassee Mayor Andrew Gillum came from seemingly out of nowhere for an upset win of the Democratic nomination for Governor. If the Bernie Sanders-endorsed Democrat defeats the Donald Trump-endorsed Rep. Ron DeSantis in November, he'd become the state's first African-American Governor. That, as the current two-term Governor Rick Scott won his primary to vie for incumbent U.S. Senator Bill Nelson's seat, in what will likely become the most expensive U.S. Senate race this year (and, possibly, in U.S. history).

• In Arizona, establishment favorite Rep. Martha McSally held off two challengers from the hard right to win the GOP nomination to fill the seat being vacated by the state's retiring U.S. Sen. Jeff Flake (R). She'll face off against Democratic nominee Rep. Kyrsten Sinema in November for a seat that Dems believe they may be able to flip from "red" to "blue", even in a state like Arizona, in a very anti-Trump year. And Republican Gov. Greg Ducey --- who will soon name a replacement for the state's other U.S. Senate seat, vacated by the death of Sen. John McCain --- will now face off against David Garcia, a Latino and former educator who won the Democratic nomination for Governor, in a year in which teachers have walked out in protest of education funding cuts in so-called "red" states Arizona and Oklahoma. (Also of note, Republican Sec. of State Michelle Reagan lost her primary for re-election to the hard-right Steve Gaynor who is calling for English-only elections in AZ. Democratic nominee Katie Hobbs should see an opening there in the race to become the state's top election official)

• And, speaking of teachers and Oklahoma, it was a "bloodbath" in the primary runoff elections for incumbent GOP state legislators who voted against recent tax hikes to pay for new education funding. Just 4 of the 19 Republican state legislators who voted against the tax hike to give teachers a long-overdue raise have survived to run for re-election on this November's ballot.

Then, we turn to the massive problems at polling places in Maricopa County (Phoenix), AZ on Tuesday, as at least 62 polling places were unable to open for hours in the morning. It now appears that the reason was electronic pollbooks which were not properly set up, or set up at all, or which couldn't get Internet access. That effectively prevented voters from being checked in to vote on the County's hand-marked paper ballot voting systems (which use computer optical-scanners to tally votes.)

Remarkably, the County's Republican-majority Board of Supervisors rejected the recommendations of both Sec. of State Michelle Reagan (R) and Maricopa County Recorder Adrian Fontes (D) to seek a court order to keep polling places open for an extra two hours at precincts which failed to open on time on Tuesday.

As to the electronic pollbook disasters that kept them from opening in the first place, Fontes blames an IT contractor for not supplying as many personnel as promised for polling place installation and tech support. The contractor, Insight Enterprises, blames Fontes for being under prepared. What's clear for the moment is that voters --- potentially thousands of them --- were prevented from voting entirely because, once again, a voting jurisdiction has relied on oft-failed, mission-critical computer systems, supported by private vendors, to run our public elections without backup plans, such as paper pollbooks in this case.

We also learn this week that the failures reported during and shortly after Nevada's primary elections in June were much worse than officials and the private voting system vendor admitted to the public when the state's new, 100% unverifiable touchscreen voting systems failed across the state. A new report from the Reno Gazette-Journal, based on public records requests, finds that complaints about candidates missing from ballots and selections already filled in on the screen for some voters, were far more numerous than previously known. Nonetheless, election officials in the state are standing by their vendor (Dominion Voting, which took over for Sequoia Voting Systems) and, as the paper notes, parroting back talking points almost word-for-word from the voting machine manufacturer in hopes of minimizing the massive problems as little more than "human error" that did not effect reported results. (Sound familiar?) Evidence reported by the RGJ strongly suggests otherwise.

Finally, with the 22-month federal requirement for retaining all ballots and other elections materials from the 2016 Presidential election ending next week (September 8th), a voting rights group now known to be allied with the Democratic Party has requested copies of all 2016 general election ballots from the state of Michigan. The massive, and expensive, public records request should prevent the ballots, in that state at least, from being destroyed for now, after an attempt to hand-count them by Green Party Presidential Candidate Jill Stein was ended by a Republican court challenge in 2016. That, despite Trump's stunning, if unverified, upset win in the state by just over 10,000 votes and some 75,000 ballots said to have contained no vote for President at all, according to the computer-tabulated results. No such records request has yet been filed in either Wisconsin or Pennsylvania, however, despite the fact that had just three votes at each precinct in those three states been recorded for Hillary Clinton instead of Trump, she, not he, would now be President of the United States...

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On today's BradCast: Details on the extraordinary court ruling out of North Carolina on Monday, and the judicial coup being staged in West Virginia. But first, voters went to the polls for Tuesday's primary elections in Arizona and Florida and in Oklahoma for primary runoff elections. It did not go well in Arizona. [Audio link to full show is posted below.]

Maricopa County (Phoenix)'s paper ballot optical-scan computer systems failed in at least 100 precincts, according to the County Recorder. Many polling places were closed entirely this morning, and it was nearly noon before the systems were said to finally be working in all precincts. It's still unclear what the precise failure was, but the new County Recorder Adrian Fontes (who won his election after the previous, long-time Recorder was booted out for shutting polling places during the 2016 Primaries), tied it to pre-election tests that failed on Monday, and then a lack of contractors from the voting machine company (Dominion Voting) on hand to properly set up the systems before polls were to open today. "The contractor responsible for the voting machines was supposed to provide more than 100 technicians to assist with issues, but only 70 were available," the Arizona Republic reports Fontes as telling them at a news conference this morning. If we learn more, of course, we'll share it on tomorrow's show along with noteworthy problems and results in all three states holding elections today.

Then, following up on a story that broke minutes before airtime on Monday, we're joined today by Slate's excellent legal reporter MARK JOSEPH STERN to detail the extraordinary ruling issued by a three judge federal court panel finding all of North Carolina's U.S. House districts --- for a second time --- to be partisan gerrymanders in violation of the U.S. Constitution. Remarkably, the judges are considering ordering new maps to be drawn up before this November's elections, after already having found last January that Republicans had unlawfully gerrymandered the state's U.S. House districts. That ruling, however, was appealed to the U.S. Supreme Court which punted in June by ordering the lower court to review matters of standing. After having done so, the three-judge panel found the same Constitutional infirmities.

"The real villain here, in a sense --- aside from the Republicans, who obviously drew these incredibly gerrymandered maps --- is the Supreme Court and Justice Anthony Kennedy," says Stern. "A virtually identical ruling came down in January, at which point the US Supreme Court could have and should have acted on this question of partisan gerrymandering. Instead, the Supreme Court punted [and] sent this case back down for reconsideration. Now the [lower] court has reached the same conclusion it did in January."

The map in question was the one drawn up in 2016 after the state's previous GOP-drawn map, used in 2012 and 2014, was found to have been an unlawful racial gerrymander. So, Stern explains, the federal judges in North Carolina seem to have had enough and may now order new maps "on this incredibly compressed timetable where the election is looming" in just over 70 days, ballots need to go out to overseas voters 45 days in advance, and the state's primaries were already been held in May.

The unconstitutional maps have resulted in a wildly unbalanced 10 to 3 GOP majority in the state's Congressional delegations, despite North Carolina's status as a very divided swing state which narrowly elected Obama in 2008, Trump in 2016, and a Democrat to be its Governor in that same election. If the matter is appealed to SCOTUS by the state (as it almost certainly will be), the Supremes could deadlock 4 to 4, if Justice Kennedy's seat has yet to be filled, and the lower court ruling would stand. We could be in for a lot of chaos ahead (as if we need any more this year.)

Stern also explains the astonishing situation in West Virginia, where that state's Republican-majority House of Delegates recently impeached all four sitting members of the state's Supreme Court. (Its 5th member had already resigned after been charged with a felony crime.) The move, Stern reports, was timed in such a way to avoid allowing voters to replace the justices at the ballot box this year. That means the previously 3 to 2 Democratic-leaning court may soon become a 5 to 0 Republican court, and stay that way through 2020. Following impeachment trials of the justices in the state Senate, any vacancies will be filled by the appointments of Trump-loving Republican Gov. Jim Justice, a Democrat when he ran and won the Governor's race in 2016, but who flipped parties shortly thereafter.

"There are no good guys, per se, in this story," Stern notes. However, it serves as yet another example of Republicans blatantly hoping to pack the courts, and could prove to be another useful example that Democrats could cite in the future. If they ever re-take control of the U.S. House, Senate and White House, they'll be able to cite such moves when and if they decide to move to add seats to the U.S. Supreme Court in order to restore a majority that should have been theirs, until Senate Republicans stole a vacant seat in 2017 after holding it open for nearly a year following the early 2016 death of Justice Antonin Scalia.

Speaking of that stolen U.S. Supreme Court, Stern also offers his thoughts on whether Senate Democrats will be able to block --- or even stall --- the seating of Donald Trump's second nominee to the Court. Judge Brett Kavanaugh's Senate Judiciary Confirmation hearings are currently scheduled to begin next week and, Stern argues, "he owes an explanation as to why he thinks it's perfectly valid and legitimate and acceptable to be nominated by a racist and openly corrupted President to the Supreme Court."

Finally, we're joined by Desi Doyen for our latest Green News Report on, among other things, the record rainfall in Hawaii following Hurricane Lane over the weekend, and the complicated climate legacy of the late Republican U.S. Senator and former GOP Presidential nominee, John McCain.

(And, on a related note, next week will be our 900th episode of the GNR! If you have not contributed lately to our efforts to continue connecting the climate change dots over your public airwaves for the past 10 years --- along with all else that we do --- please consider doing so now by stopping by BradBlog.com/Donate! Thanks! We rely only on you to keep going! But, don't do it for me! Do it for Desi! Pretty please?)

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IN TODAY'S RADIO REPORT: Hawaii dodges direct hit from record-breaking Hurricane Lane, but receives a warning about global warming; Australia's conservative prime minister ousted over climate policies; PLUS: The complicated climate legacy of Republican Senator John McCain of Arizona... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Air pollution is making us dumber, study shows; Pesticide studies won EPA trust, until Trump team scorned so-called ‘secret science’; The most vulnerable Texans never recovered from Harvey; Kansans drank contaminated water for years. The state didn’t tell them; In the rural West: more oil, more gas, more ozone; Houston voters approve $2.5 billion flood infrastructure funding; Secret life of an EV battery; Electric car revolution is unstoppable thanks to Elon Musk; Arizona clean-energy ballot measure can go on Nov. ballot, judge rules... PLUS: Climate change report: California to see 77 percent more land burned... PLUS:

... and much, MUCH more! ...

Lots of news (for a change?) on today's BradCast after a tremendously busy news weekend (for a change?) [Audio link to today's show is posted below.]

Among the stories covered on today's program: In a fairly transparent attempt to distract from all of his Administration's --- and his own personal --- scandals, Donald Trump announed today that he plans to pull the U.S. out of the North American Free Trade Agreement (NAFTA) between the U.S., Canada and Mexico, and is striking a new trade agreement with Mexico only. We caution to be very aware of that claim.

Then, we're joined by STUART NAIFEH, Senior Counsel at Demos to discuss the lawsuit recently filed by his group and a number of Hispanic-American organizations against 32 counties in the state of Florida. Following last year's catastrophic Hurricane Maria in Puerto Rico, more than 133,000 U.S. citizens living on the island relocated to the Continental U.S., according to the Center for Puerto Rican Studies, which estimates [PDF] more than 54,000 of them now live in Florida. These U.S. Citizens, many of whom speak Spanish only, can now re-register and vote in the state, but the counties named in the lawsuit make election materials available in English only, in violation, the groups argue, of Section4(e) of the 1965 Voting Rights Act. The groups are suing to force those counties to produce election materials in Spanish before the November 2018 midterms and argue that the English-only procedures have led to lower than expected registration by these potential voters in the Sunshine State. Naifeh says this has been a longstanding issue in Florida, but even more of an issue since Maria, since there are suddenly "a lot of people coming all at once with limited English," he says.

Naifeh also explains another lawsuit just filed by the group against the state of Arizona, where the Secretary of State is not properly re-registering voters who have changed their addresses on their drivers licenses through the DMV. That, he argues, means that some 500,000 registered voters, whose registrations should be automatically moved, may find themselves unable to vote or will have their provisional ballots tossed out this November, because "Arizona has been systematically failing to update voting addresses," as required by 1993's National Voter Registration Act. Voters in both states --- Florida and Arizona --- are heading to the polls on Tuesday for their state's midterm primary elections.

Then, some breaking news out of North Carolina, where a federal court panel has found the state's U.S. House Districts to be an unconstitutional partisan gerrymander. That, after the federal courts found the previous maps were unconstitutional racial gerrymanders. The court may order new maps to be redrawn in advance of the November election! If they do, and if the U.S. Supreme Court is deadlocked 4 to 4 on an emergency appeal by the state before a new Justice is seated, then the lower court's order to use new maps for the November 6th election would stand!

Next, over the weekend, the DNC voted to change their bylaws to restrict the role of so-called SuperDelegates (party insiders, activists and elected officials) in the nominating process for Presidential candidates. Under the new scheme, adopted by an overwhelming voice vote at the weekend's annual Summer meeting in Chicago, SuperDelegates would have no vote for the party's Presidential nominee on the first ballot at the Democratic National Convention, leaving the selection of the nominee (if he or she can get a majority on the first ballot) up to state primary and caucus voters, rather than party insiders, before the Convention.

Also today, the Government's student loan ombudsman at the Consumer Financial Protection Bureau (CFPB) has resigned, charging in a scathing resignation letter that the Trump Administration is using the Bureau "to serve the wishes of the most powerful financial companies in America" by allowing private for-profit colleges, universities and student loan companies to run roughshod over American families, despite mandates from Congress to end the decades-long ripoffs by such companies.

Finally, we open up the phone lines today to calls on all of the above!...

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Before we get to our guest on today's BradCast, a number of news items (and that may be an understatement) of note. [Audio link to show is posted below.]

• First, the latest in the quickening collapse of the Trump Presidency, as his darkest week gets darker by the day, now including the Chief Financial Officer of the Trump Organization reportedly being granted immunity to cooperate with federal prosecutors in their ongoing probe(s) of all manner of criminality by Donald J. Trump and his 2016 campaign;

• Hurricane Lane is already wreaking havoc in Hawaii as it very slowly sweeps near the islands, dumping catastrophic amounts of rain (35 inches in 48 hours on the Big Island!) in its wake; And, speaking of Hawaii, listeners answer our call in response to a question we had yesterday regarding a slang Hawaiian term used by Sen. Mazie Hirono's (D-HI) in cancelling her planned meeting with Trump's U.S. Supreme Court nominee Brett Kavanaugh, charging that "an unindicted co-conspirator in a criminal matter, does not deserve the courtesy of a meeting with his nominee --- purposely selected to protect, as we say in Hawaii, his own okole";

• Senator John McCain's family announced on Friday that he will no longer accept medical treatment in his year long battle against terminal brain cancer. We discuss, a bit, what that could mean for Trump's Supreme Court nominee in advance of Arizona's midterm primaries, with Gov. Doug Ducey (R), who would appoint McCain's successor, on the ballot next Tuesday. Also, we note, the President's appalling recent behavior towards the ailing Senator;

• In Ohio's 12th Congressional District, Troy Balderson (R) is finally officially declared the winner over Danny O'Connor (D) in the U.S. House Special election held nearly three weeks ago. Balderson is said to have won by a razor-thin 1,680 votes out of more than 200,000 votes cast on the 100% unverifiable touchscreen systems used on Election Day in the previously very Republican district. The margin is just over the amount that would have triggered an automatic, state-sponsored "recount". The two candidates will face off yet again in November's general election, when a number of factors, as we discuss, could tip the advantage to O'Connor;

• And, in Georgia, as we predicted on yesterday's BradCast, the Randolph County Board of Elections quickly rejected a proposal to shutter 7 of 9 precincts in the majority African-American county in advance of the November midterms. The scheme, which used the pretext of violations of the Americans with Disabilities Act (ADA), was proffered by a consultant hired by the County at the recommendation of GOP Sec. of State Brian Kemp. The plan had drawn national outrage in a year when Kemp is running for Governor against Stacey Abrams, who could become the nation's first female African-American chief of state;

Then, as the nation is justifiably distracted by a Presidency quickly spiraling out of control, his policies continue to move forward nonetheless, including this week's major new (if little covered) Trump EPA proposal to "repeal and replace" Obama's landmark 2015 "Clean Power Plan", which would otherwise reduce deadly and climate change causing emissions from coal-fired power plants with something the Administration is calling the "Affordable Clean Energy Rule". By the Administration's own admissions, the Trump scheme would lead annually to at least 1,400 premature American deaths over Obama's plan, and result in tens of thousands of news cases of respiratory illness each year.

CONRAD SCHNEIDER, former U.S. Dept. of Justice trial attorney and current Advocacy Director at the non-profit Clean Air Task Force and lecturer on Environmental Law and Policy at Maine's Bowdoin College, joins us to explain the dangers --- and coal-industry corruption --- of what he calls the EPA's new "Dirty Power Plan".

"Thousands and thousands of Americans would die prematurely under the Trump plan whose lives would have been saved under the Obama plan," Schneider warns. "And that's just the tip of a pyramid of health effects that include hospital visits, emergency room visits, asthma attacks, children missing school days and adults missing work as a result of the pollution that would occur here" in what he describes as "just the latest of [Trump's] efforts to try to resuscitate the coal industry."

But, he also cautions, "this political promise" to the industry "runs headlong into the requirements of the Clean Air Act" and so, Schneider predicts, the plan may well face problems in court, where he promises, "we'll be arguing that as much as they might want to throw a lifeline to coal, the Clean Air Act is not the appropriate venue to do that."

"What we are doing here is we are fiddling while the planet burns. We're fighting things in court, when we really don't have the time to waste," he tells me, as we discuss why it is that the Trump Administration's many attempts at reversing Obama Administration environmental protections --- from water rules, to chemical plant safety regulations, to the Keystone XL pipeline (to name only a few from the past few weeks) --- continue to be blocked, overturned or delayed, by one federal court after another...

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Like the news cycle, we're all over the place on today's BradCast with politics, accountability and corruption news, democracy and voting news, green news and court news and much much more. [Audio link to show follows below.]

Among the many stories covered today...Some Democratic Senators are now refusing to meet with Donald Trump's U.S. Supreme Court nominee Brett Kavanaugh, following the convictions of Trump's campaign chair Paul Manafort and the guilty pleas of his personal lawyer/fixer Michael Cohen, implicating the President himself in a conspiracy to commit serious criminal campaign finance felonies.

On related fronts today: Trump has now finally admitted (after years of lies about it by him and his staff) that he did, in fact, make hush-money payouts to women before the 2016 election; Cohen's lawyer Lanny Davis offers more details on what his client may know regarding Trump's early knowledge of hacked DNC emails before they were released in 2016; and Trump's longtime friend David Pecker [pictured above], who runs the National Enquirer and helped kill stories about Trump's mistresses, is reportedly now cooperating with Special Counsel Robert Mueller after being granted an immunity deal.

Also, a Trump-supporting juror from the first Manafort trial says there was only one person on the jury who prevented him from being found guilty on all 18 counts of tax and bank fraud, versus the 8 on which he was found guilty. A mistrial was declared on the 10 other counts.

A new Reuters poll today finds that more than 70% of Americans now support a "Medicare for All" styled universal healthcare program, including a majority of Republicans. And a new poll from Fox "News" offers an avalanche of bad news for Trump and Republicans in advance of the 2018 midterm elections. (For example, Mueller is more popular than Trump by double-digits, and other numbers that may spell trouble in November.)

Speaking of which, following a public outcry, Randolph County, Georgia, whose two-person Board of Elections is set to vote on a proposal to close 7 of 9 polling places before the November election in the majority African-American county, now admits it has no evidence to support the claim that those precincts need to be closed due to violations of the Americans with Disabilities Act (ADA). Moreover, it has now fired the consultant --- hired on the recommendation of GA Sec. of State Brian Kemp (the Republican nominee for Governor this year) --- who urged the poll closures at, what he initially said, had been Kemp's recommendation.

Finally, Desi Doyen joins us for our latest Green News Report on the Trump EPA's deadly new proposed rule to replace Obama's landmark "Clean Power Plan", the Administration's spate of recent court failures blocking their attempts to overturn environmental protections, and the latest news on Hurricane Lane which is bearing down on Hawaii and threatening record rainfall among other potential dangers which, the Governor warns, could cripple the island for several weeks...

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On today's BradCast, the fallout, both political and legal, continues today after the extraordinary news events of the past 24 hours, when Donald Trump's former campaign chair Paul Manafort was found guilty of eight federal felonies and the President's longtime personal attorney and 'fixer', Michael Cohen, pleaded guilty to another eight, including two that implicate Trump in a serious criminal campaign finance violation conspiracy related to hush-money payoffs made to two women just before the 2016 election. [Audio link to show follows below.]

But all of that wasn't the only bad news for Trump and Republicans yesterday. Late on Tuesday, Rep. Duncan Hunter (R-CA) and his wife were indicted on 60(!) astonishing counts of fraud, conspiracy and campaign finance violations. Hunter was the second member of Congress to support Trump's 2016 run for President, after Rep. Chris Collins (R-NY), the first in the U.S. House to endorse him, was federally charged earlier this month with insider trading. Hunter's indictment may not be all that surprising if one is familiar with his (and his father's) track record of lying to the public. His previously-believed-to-be "safe" Republican House seat in his San Diego Congressional District may now be in peril.

All-in-all, it's starting to feel a whole lot like 2006, when a similar avalanche of failures and corruption by a GOP Administration and a scandal-ridden Republican House resulted in a "blue wave" election in November.

We're joined again today by Salon and Hullabaloo's award-winning opinion journalist HEATHER DIGBY PARTON, as we try to make sense of what feels, in her words, like "the weirdly unfamiliar impression that something real and recognizable had happened".

We discuss the fallout from the Manafort and Cohen guilty verdicts and pleas, including the new subpoena Cohen received today from the state of New York in the case against Trump's phony charitable foundation, and the remarkable statement from Cohen's attorney Lanny Davis last night, that his client "has knowledge on certain subjects that should be of interest to the special counsel," regarding Team Trump's infamous 2016 Trump Tower meeting with Russians and the "computer crime of hacking" that year. Davis now says Cohen is "more than happy to tell the special counsel all that he knows."

"Digby" shares her thoughts on what surprised her from the Cohen plea deal, what all of this may mean for the President, the GOP and Democrats just over two months out from the crucial 2018 midterms and for Brett Kavanaugh, Trump's nominee to the U.S. Supreme Court.

Also today, a rare, if very dangerous, Category 5/4 Hurricane Lane bears down on Hawaii and we cover noteworthy results from Tuesday's primary elections in very Republican Wyoming and occasionally-independent Alaska, where a three-way race for Governor could result in a Republican win this November...

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Well, it was one of those days again on today's BradCast, with an avalanche of huge, incoming breaking news which we do our best to cover --- even as we keep our eyes on the November prize on what may officially have been the worst day of Donald Trump's Presidency, to date. [Audio link to show follows below.]

Our first piece of breaking news: Trump's former campaign chair Paul Manafort was convicted on 8 felony counts related to bank and tax fraud in his Virginia trial. The jury couldn't agree on 10 other counts brought by Special Counsel Robert Mueller's investigation, so the judge declared a mistrial on those counts. Manafort now faces another federal trial on felony charges, also brought by Mueller, in Washington D.C. next month, related to his undeclared work with a pro-Russian Ukrainian political party.

Also, in arguably bigger and worse breaking news for Trump, his longtime personal attorney and fixer Michael Cohen pleaded guilty to 8 federal felonies related to bank and tax fraud, as well as campaign finance law violations related to a hush-money payoff of $130,000 made to porn actress Stormy Daniels just before the 2016 Presidential election. The payment, Cohen admitted in a NY federal courtroom on Tuesday, was carried out "at the direction of" Trump "for the principal purpose of influencing the election". Now facing 4 to 5 years in federal prison, he may be inclined to cooperate with Mueller to receive a shorter sentence. With Cohen's plea deal ending that particular investigation in NY, it may also mean that Trump will now be forced to sit for an under-oath deposition in the lawsuit filed against Trump by Daniels.

All of that, after Microsoft announced last night it had discovered and shut down several fake Russian websites said to have targeted U.S. Senate offices and two conservative think tanks in advance of the November primary.

Then, as voters head to the primary polls in Alaska and Wyoming today, we're still working to make sense of two still-unexplained election night tabulation failures in both Michigan and Kansas during their August 7th primaries. We're joined today by JENNIFER COHN, attorney turned election integrity advocate and journalist, following her recent trip to Kansas to investigate the reported "computer glitch" in Johnson County, KS which crippled election night tabulation in the state's most populous county.

That "glitch" resulted in GOP "voter fraud" fraudster Kris Kobach, Secretary of State, reportedly defeating KS Gov. Jeff Colyer to secure the GOP nomination for Governor by just over 100 votes out of 311,00 cast on Election Day. The still-unexplained failure occurred on the county's brand new, unverifiable ES&S ExpressVote touchscreen voting and tabulation system, approved just months ago by the county's election chief who was appointed by Kobach. The same unverifiable voting system will be used by voters in some 16 states and D.C. this November. (For the record, they will be used in AZ, D.C., FL, IA, ID, ME, MI, MO, MS, NV, OH, SD, TN, TX, UT, VA, WI and WV.)

Her must-read article published by The BRAD BLOG in March on the dangers of such systems --- which produce barcoded "paper ballots" that can't be verified by voters after an election --- foretells many of the problems that occurred in Kansas on August 7. "All the problems that I predicted came to fruition, with the long lines, and machines failing, and then not having paper ballot backups," Cohn reports, noting that some voters were disenfranchised and others were given confusion instructions about whether or not they should try "to even verify those computer-marked, so-called paper ballot summary cards" produced by the systems.

During her short visit to Kansas, Cohn was denied an interview with the Kobach-appointed JoCo Election Commissioner Ronnie Metsker and blocked from viewing the ES&S voting systems as well as the tabulation of provisional ballots. "We were just stonewalled, really, all day long, about everything," she tells me. "On the tabulating, they wouldn't even tell me if they were tabulating in the building."

She goes on to explain why we should all be very concerned about all of this, and what can possibly be done to try and oversee the validity of computer-marked paper ballots and electronically tabulated results on similar systems in use across the country this November.

Finally, Desi Doyen joins us for the latest Green News Report on the story which was supposed to have be Trump's great triumph today, the announcement of his EPA's new plan to replace Barack Obama's 'Clean Power Plan' with a scheme that will allow coal plants to keep polluting, global warming to worsen, and, as the documentation of the plan admits, result in the avoidable deaths and illness of tens of thousands of Americans each year...

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Today on The BradCast: On the 47th anniversary of the Nixon White House creating its then-confidential "enemies list" featuring, among others, many members of the media, Donald Trump's intensifying attacks on the press have now resulted in a majority of Republicans (51%) believing that the press is the "enemy of the people" rather than "an important part of democracy", according to a new Quinnipiac poll finding just 36% of self-identified GOPers agree with the latter. [Audio link to show is posted below.]

(Though I've also got a few thoughts and, perhaps, a warning on today's show regarding what to make of polling of self-identified Republicans these days. I think it's very possible our polls may now be broken, as we discuss a bit today.)

In response to the repeated and worsening attacks on the press by the President of the United States, some 350 newspapers today issued editorials in support of press freedoms. We join them in calling for support of media outlets --- particularly local newspapers and independent outlets --- who are struggling to stay alive and, yet, are needed more now than ever. (Yes, we too welcome your support for the same reason.)

That, as evidence continues to come to light underscoring the lies told to the American people by Donald Trump and the GOP while selling their tax cuts for the rich and corporations to the American people. In fact, those tax cuts won't not "pay for themselves" (the federal deficit this year will now be close to $1 trillion, thanks to plummeting revenue to the government in the wake of the cuts to the wealthy and corporations), nor have they increased wages for members of the working class (who are now making less than they did before the cuts, thanks to inflation and pay that has remained largely stagnant for workers.)

Less than three months out from the crucial 2018 midterms, Trump's tariffs and trade wars are continuing to worsen their toll on workers as well. Factories are shutting down or moving jobs to Mexico and other "off shore" locations in order to survive new added costs of tariffs on imported manufacturing supplies from China and elsewhere.

And, speaking of con jobs by this President, a new report finds his planned military parade, scheduled just days after the upcoming midterm elections, is now estimated to cost taxpayers some $92 million. That is some $80 million higher than a report on the parade's estimated cost last month, which was "only" $12 million at the time. That lower price tag is almost as much as the cost of military exercises with South Korea that Trump cancelled after his recent summit with North Korea's Kim Jong Un because, at $14 million, they were "tremendously expensive" and, he tweeted, "we save a fortune" by not holding them. (Shortly after we got off air today, new reports suggest the military parade will now be postponed until 2019...if it's ever held at all.)

Also today, before we get to today's Green News Report', a brief tribute to the life and civil rights legacy of Aretha Franklin, the beloved "Queen of Soul", who died today at the age of 76.

Then, Desi Doyen joins us for our latest GNR, in which --- among many other stories --- Interior Dept. Secretary Ryan Zinke is revealed as a liar for promising, upon taking office, that public lands would not be sold off. In fact, as reported this week, his Department has now drawn up draft plans to do exactly that.

So, if you're keeping track this week, the President of the United States has called the press "the enemy of the people" and "very disgusting", while the head of his Interior Department has called mainstream environmental groups "terrorists". But it's Democrats, we are told, who are being uncivil in their response to this Administration.

Finally, a disturbing follow-up to today's GNR for people who eat food, after last week's $289 million jury award to a man with terminal cancer, after determining that Monsanto knowingly sold toxic RoundUp weed killer despite studies finding that it causes cancer. And, in related news, recently obtained internal EPA emails reveal that its disgraced and now former chief Scott Pruitt's staff were very concerned about formaldehyde used in a desk they were considering purchasing for his newly remodeled office, even as the agency blocked the release of a public report highlighting the dangers of the very same carcinogen in public drinking water...

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There was a little something for everyone, it seems, in Tuesday's primary elections in Vermont, Connecticut, Minnesota and Wisconsin. We cover as much of it as we can on today's BradCast, as voters in all but 10 states have now selected their candidates for the crucial 2018 midterms. [Audio link to show follows below.]

There were a lot of "firsts" and reasons for Democrats to be optimistic about November, based on the reported results today, and some of that optimism comes from races that Donald Trump believes he is happy about today, as his party moves farther and farther to the right to become the Party of Trump. It should also be noted that many of the Democratic winners on Tuesday were both progressive and political newcomers.

Among the many noteworthy contests on Tuesday covered on today's show, we now have the first transgender person to become a major party nominee for Governor (Christine Hallquist in VT); the first African-American woman to likely represent New England in the U.S. House (former teen mother turned "Teacher of the Year", Jahana Hayes in CT); the first Somali-American refugee who will likely become one of two of the first Muslim women to be elected to Congress (Ilhan Omar in MN); a stunning upset in Minnesota's Republican gubernatorial primary (front-runner and former two-term Gov. Tim Pawlenty was crushed by Trump-endorsed Jeff Johnson); and there were some encouraging Democratic wins in Wisconsin and victories over moderate GOPers by fully Trumped-up Republicans in several races.

We're joined today by native Wisconsinite and longtime progressive journalist JOHN NICHOLS of The Nation and of Madison, WI's Capitol Times for analysis and insight on all of the above, as WI's controversial, union-busting, two-term Republican Gov. Scott Walker faces his greatest political challenge this November against Tuesday's Democratic nominee, state school superintendent Tony Evers, and as the Democrats' face a tough fight to flip retiring House Speaker Paul Ryan's seat from "red" to "blue" with the Bernie Sanders-endorsed iron-worker and union organizer turned first time politician, Randy Bryce.

We cover a LOT of ground on today's show (including the late domestic abuse allegations against MN Rep. Keith Ellison, who easily won his Democratic primary in the state's Attorney General's race), so it's best I just let you listen rather than try to summarize Nichols' keen insights on Tuesday's races and more.

Also today: Democrats celebrate Governor Jeff Colyer's surprising sudden concession last night to Kansas Sec. of State Kris Kobach in the razor-thin battle for the GOP Gubernatorial nomination following last week's primary in the state; And the anti-gay Colorado baker/bigot who refused to bake a cake for a gay couple's wedding, under the pretext of "religious liberty", is now back in court after refusing to sell a cake to a transgender customer...

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After a quick report on Saturday's primary elections in Hawaii (moderate Democrats did well, more progressive candidates less so), we head straight out to Las Vegas for today's BradCast, where the 26th annual hackers convention, DEF CON, held its 2nd annual Vote Hacking Village. [Audio link to show follows below.]

After every voting system on display at last year's event was hacked within minutes by conference attendees, organizers tried to make it a bit more difficult this year. They made unverifiable electronic voting systems, optical-scan paper ballot tabulators and electronic pollbooks from a number of companies --- almost all of which will be in wide use across the country once again for this November's crucial midterms --- available for investigation and penetration. Once again, the hackers in attendance made short order of pretty much all of them.

Stunning vulnerabilities [PDF] were discovered, including some that officials have known about (and ignored or tried to keep secret for years) while others were revealed for the first time. Things like Chinese pop song files were found on one system used in actual elections recently, along with a host of other disturbing findings, which we summarize today.

Other disturbing findings regard the ES&S m650, an optical scanner used to tabulate paper absentee ballots in more than half of the country. Hackers discovered several severe vulnerabilities (some of which have been known for more than a decade, and others which election officials hoped to withhold from the public), including the ease with which the machine's entire operating system can be overwritten by inserting a zipdrive with a file named "update" before powering it on. Also, electronic pollbooks were found to be corruptible in seconds and found to store unencrypted administrative passwords --- in plain text format! --- on their removable memory cards (one of which was simply "password".)

There was also a mock election run on the systems still used in states like Georgia. In that election, a candidate not even on the ballot ending up winning. In another case which officials should take note of, a ballot cast via email was intercepted and changed. "The selection of the candidate was changed so that when it was received it was different from what was sent," the organizers note. "This is a big deal for the real world because we already allow for email balloting, in special cases for Americans living overseas [such as active military]. This is allowed in 30 states plus DC."

Moreover, the Voting Village organizers also offered replicas of swing-state Sec. of State website available to some 50 children from ages 6 to 17. You'll be shocked to learn that most were able to hack the mock SoS websites in some fashion, including changing candidates names and parties, and tampering with reported elections results to show, for example, 12 billion votes cast. The fastest exploit of a Sec. of State replica site (Florida's) was by an 11-year old who did it in 10 minutes!

We're joined today to discuss all of this by Emmy-award winning journalist and documentarian LULU FRIESDAT whose video from last year's DEF CON Voting Village went viral (several times) since then, and who was on hand to document this past weekend's conference once again. She details the extraordinary "sea change" since last year's event, as many elections officials and U.S. Intelligence Community representatives were on hand for this year's festivities.

"What's really great about this year's Def Con is that we are starting to see a collaboration and communication between three groups that really have been working more as silos previously, and that is election officials, security experts, and hackers," Friesdat reports. "It was very deliberate on the part of the organizers, Jake Braun, Harri Hursti and Matt Blaze, to really try to bring those three groups together... Because we're not going to make progress on this issue unless these three groups start communicating with each other."

"We don't have a one-size-fits-all solution for this. Every county is going to have to have some different solutions. What we have are principles. And I think the principles remain the same. The principles are yes, every voter who can mark a ballot by hand, needs to mark a ballot by hand. And security experts across the board are really starting to say that, openly publicly."

"There is a sea change happening. You really could feel it. This year, there was an entire panel of election officials, whereas last year almost none of them actually came," Friesdat tells me, adding cautiously: "There are thousands of election officials all over the country who are still dragging their feet. You look at states like Georgia, and they are doing everything they can to stay in basically an unauthenticated election protocol. So it is a wide spectrum."

Among the noteworthy accounts from Friesdat, we discuss California Sec. of State Alex Padilla's call for more federal funding for election systems (meaning, more money for more computers) and Colorado Elections Manager Dwight Shellman who, though a fan of electronic tabulation, calls for routine post-election audits everywhere (which almost no states do at all.)

We also discuss the remarks at the conference by DHS Asst. Secretary for Cybersecurity and Communications Jeanette Manfra, who admitted last summer during U.S. Senate Hearings that the agency never found evidence that votes were changed in the 2016 Presidential election, in no small part, because nobody ever bothered to look! DHS never carried out any forensic investigations of voting systems, nor even bothered to count ballots to make sure they were accurately tabulated by counting computers in the election, despite the ongoing warnings by the Intelligence Community of Russian cyberattacks and interference. "Could it be done?," Friesdat asks rhetorically, "The answer, over and over and over again, is yes, it could be done. Election results could be manipulated. And is it difficult? No. It is a piece of cake."

While this year's DEF CON Voting Village was another huge leap forward in bringing concerns about all of these systems to the public, it appears we have a long way to go until American figures out the solution. I'd suggest that solution is public oversight of tabulation of hand-marked paper ballots (Not computers, but people! I call it "Democracy's Gold Standard".) But, hey, computers --- all of which are obviously wildly hackable --- could work too, right?

Speaking of which, we close today with an email from a listener who turned one of my recent rants on this issue into a poem...

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Plaintiffs in a Georgia lawsuit seeking to force the state to move to a hand-marked paper ballot system in time for this year's midterm elections, promise to produce expert testimony to the court, demonstrating that "Georgia's voting system is a catastrophically open invitation to malicious actors intent on disrupting our democracy."

The Coalition for Good Governance and a group of multi-partisan individual plaintiffs filed a motion [PDF] on July 31, seeking a preliminary injunction in the federal case, to prevent Georgia from conducting this year's midterms on the state's notorious Diebold AccuVote TS (touchscreen) Direct Recording Electronic (DRE) voting machines. Instead, plaintiffs seek an order that Georgia's election officials utilize, for in-person voting, the same already-certified, Diebold paper ballot-based optical-scan system currently used for tabulation of the Peach State's absentee ballots.

Last week, U.S. District Court Judge Amy Totenberg ordered an expedited briefing schedule on plaintiffs' motion to compel the State of Georgia to adopt this simple method for conducting a verifiable paper ballot election on November 6, 2018.

The plaintiffs cite a massive body of scientific evidence finding the 100% unverifiable Diebold touchscreen systems as essentially electronic black holes, prone to unintended systemic failures and vulnerable to all manner of undetectable malicious manipulation by insiders or anyone else who acquires minimal access to the system or any of its machines. They also point to evidence that the statewide system was previously compromised via the Internet. Plaintiffs argue the 16-year old system deprives the electorate of their constitutional right not only to cast a vote but to have their vote accurately counted.

Recognizing "the gravity and importance of the constitutional issues," the court directed the parties (principally GA Secretary of State Brian Kemp, the state's GOP nominee for governor), as well as the plaintiffs to address "the practical realities surrounding implementation of the requested relief in the next one to three months." Judge Totenberg asks defendants to address the "practical realities" issue in a response by August 14. Plaintiffs' reply is then due by August 20.

The question before the court is monumental and could help set a precedent across the country in other jurisdictions where voters are forced to use unverifiable touchscreens on Election Day, rather than a paper ballot system that is already available via the absentee systems used in all 50 states.

As we documented last year, in "Why Do Georgia Election Officials Insist on 100% Unverifiable Elections?", if the court issues the preliminary injunction, November 6, 2018 would mark the first time in more than a decade and a half that the State of Georgia will have held an election in which it will be possible for human beings to verify or refute the accuracy of an electronic vote tally, thanks to the use of hand-marked paper ballots...

On today's BradCast: Understanding two new, seemingly conflicting directives on "dark money" in campaigns --- one of them very encouraging --- and a new complaint filed with the Federal Election Commission charging several GOP Senators unlawfully colluded with the NRA during the 2014 and 2016 elections. [Audio link to show follows below.]

But, first up today, adjusting some numbers! In this past Tuesday's very close U.S. House Special Election in Ohio's (previously, very Republican) 12th Congressional District, the Trump-endorsed GOP candidate Troy Balderson was reportedly up over Democrat Danny O'Connor by just over 1,700 votes out of about 200,000 tallied on election night in the closely watched, bellwether race. On Wednesday, however, Franklin County's Board of Elections discovered an electronic cartridge from one precinct, with 588 votes stored on it, had not been included in the original unofficial tallies. With those ballots now added, O'Connor has netted 190 additional votes over Balderson, lowering the current unofficial margin in the contest to just 0.8 points. A margin of 0.5 or less would trigger an automatic "recount", as thousands of provisional and late vote-by-mail ballots are still being processed.

In Kansas, Tuesday's even tighter race between Sec. of State Kris Kobach and Gov. Jeff Colyer for the GOP gubernatorial nomination, saw its margin cut by more than half, from 191 votes to just 91, out of some 311,000 cast. The adjustment appears due to an incorrectly entered number by the Sec. of State's office on Tuesday night. The controversial, hard-right Kobach's razor-thin lead may further erode (or expand) as some 10,000 provisional and late mail-in ballots are still to be processed. A recount in that contest is all but certain.

Meanwhile, Puerto Rico, in an official statement to Congress, now acknowledges that at least 1,427 were killed during and after Hurricane Maria last year, a vastly different figure than the island's still-official death toll of 64. The new numbers place Maria's death toll much closer to the 1,833 said to have been killed during and after 2005's Hurricane Katrina. We discuss why it has been so difficult for Puerto Rican officials to acknowledge those far-higher numbers, long ago estimated by many experts.

Then we're joined by BRENDAN FISCHER, Associate Counsel at the Washington D.C.'s Campaign Legal Center (CLC), to help explain several important, if seemingly conflicting, pieces of campaign finance related news. About two weeks ago, the Treasury Department announced that non-profits who spend money on political campaigns --- so-called "Dark Money" groups --- would no longer be required to disclose the names of their donors to the IRS. The timing of that new policy, Fischer notes, "was pretty terrible. It happened on the same day that federal prosecutors charged Maria Butina with being an unregistered Russian agent who tried to influence American politics through the NRA, which had spent at least $35 million through its 501c4 [non-profit political action committee] arm during the last election cycle."

"So, if you're concerned about foreign money in elections, you should be really concerned about the Treasury Dept. stating that 501c4s, like [Karl Rove's] Crossroads GPS or the NRA, no longer have to disclose their top donors to the IRS."

Then, a week or so later, last Friday, a federal judge ordered the Federal Election Commission (FEC) to rewrite their current rules, within 45 days, in order to require the disclosure of the names of donors to many of those same "dark money" groups. Fischer details how the new mandate from Judge Beryl Howell, Chief Judge of the U.S. District Court for the District of Columbia, differs from the Treasury Dept. directive and, in fact, could be very good news indeed for those who believe in transparency and public oversight of elections!

"If the FEC was doing its job, then it wouldn't matter quite so much if the IRS was not collecting this information," Fischer tells me. "Judge Howell said that the FEC has been failing at its job, and it needs to go back to the drawing board and draft new rules that are going to ensure effective donor disclosure for certain types of political advertising."

"Judge Howell's decision is a reminder that the FEC is largely to blame for the rise of dark money. It's not just the Supreme Court's decision in Citizens United, it also is in large part the fault of the FEC for failing to enforce the laws that are on the books. The Supreme Court has endorsed donor disclosure, and the laws passed by Congress say that donors to politically active dark money groups must be disclosed. It falls to the FEC to draft the rules that interpret laws passed by Congress and to enforce those rules. But what the FEC has done is draft rules that narrow the donor disclosure laws passed by Congress, and then they failed to enforce even those narrow rules."

While acknowledging the new ruling as "a very big deal", Fischer explains why questions remain as to whether the ruling will be (or even can be) appealed and how the current vacancies on the FEC may prevent them from being able to act within the time ordered by Judge Howell.

In a separate, if somewhat related matter, Fischer details CLC's recently filed complaint with the FEC charging that the campaigns of four different Republican U.S. Senators unlawfully coordinated with the NRA's political action committee in violation of long-standing campaign finance laws during the 2014 and 2016 elections. The GOP Senators named in the complaint: Ron Johnson (WI), Tom Cotton (AR), Cory Gardner (CO) and Thom Tillis (NC).

Finally, Desi Doyen joins us for the latest Green News Report, with still more record heat, pushback from California against the Administration's attempt to undermine state mileage and emissions standards, and the extraordinary revelation that Trump's EPA is actually attempting to bring deadly asbestos back! Seriously!...

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