Attorney General Bill Barr may now be in big trouble with Donald Trump at the DoJ. One of Trump's personal attorneys may be in big trouble with the D.C. Bar. And Trump's attempt to game the Census and Apportionment of Congressional seats for the next 10 years may be in big trouble at his stolen and packed U.S. Supreme Court. All of that big trouble and more on today's BradCast! [Audio link to show is posted below summary.]

First up, Attorney General Barr has undoubtedly infuriated his boss today by admitting to The Associated Press that "to date," the Justice Dept. has "not seen fraud on a scale that could have affected a different outcome in the election."

Uh, oh. The last senior Administration official who said something similar --- Chris Krebs, Trump's Director of the Cybersecurity and Infrastructure Security Agency (CISA), the new DHS agency that oversees elections infrastructure --- was fired just days later after his federal agency and others (along with several voting machine vendors, so take it with a grain of salt) announced that the 2020 election was "the most secure in American history."

Speaking of Krebs, he was interviewed by CBS' 60 Minutes on Sunday, where he stood by that assessment and chalked the success of the 2020 election up to "paper ballots."

"Paper ballots give you the ability to audit," he told CBS' Scott Pelley, "to go back and check the tape and make sure you got the count right. That's really one of the keys to success for a secure 2020 election. That gives you the ability to prove that there was no malicious algorithm or hacked software that adjusted the tally of the vote."

Well, he was so close. "Paper ballots" don't protect elections, HAND-MARKED paper ballots protect elections. And there is a big difference. Krebs goes on to cite, for example, Georgia's terrible new Dominion Voting Systems touchscreen computers that voters are forced to vote on at the polls, and the subsequent statewide hand-count of ballots to make his case. But Georgia's systems, as we've long reported in great detail, print out computer-marked paper ballot summaries which can never be known after an election to reflect the intent of any voter. As we explain yet again today, studies show that the vast majority of voters do not check their computer-printed summary, and that 93%(!) of them do not notice if the computer has changed one of their votes. We offer much more detail --- yet again --- on today's show.

But Krebs, a lifelong Republican who has been bravely outspoken in attempting to debunk false claims about fraud both before and after the election, is certainly a hero for his efforts. The fact that Joe diGenova, one of Donald Trump's personal lawyers, took to the air on Monday to call for Krebs to be murdered --- literally --- is a chilling sign of our times and should result in disbarment for Trump's latest Fox "News" TV attorney for hire. "Anybody who thinks this election went well like that idiot Krebs," diGenova said on a wingnut radio program yesterday, "that guy is a class A moron. He should be drawn and quartered, taken out at dawn and shot."

Krebs suggested to NBC News today that he is likely to take legal action. But you know who else "thinks this election went well," apparently? Bill Barr! We'll see if diGenova calls for him to be executed now as well, or which of the two Trump lackeys will be fired by Trump first.

Next up, we're joined by DAN VICUÑA, National Redistricting Manager at Common Cause, one of the good-government immigration advocacy groups that sued the Trump Administration after a Presidential Memorandum from Trump last year directed U.S. Census apportionment data to leave out "illegal aliens" despite the Constitution's mandate to include the "whole number of persons in each State" for purposes of determining how many U.S. Congressmembers each state shall have for ten years following each decennial Census.

Four different lower courts largely agreed with the plaintiffs challenging Trump's decree --- which would increase political power for rural, white, Republican-leaning districts and take it away from more urban, Democratic-leaning, minority heavy jurisdictions --- finding it to be illegal and/or unconstitutional. On Monday, Trump's stolen and packed U.S. Supreme Court heard oral argument in the matter, and Vicuña reports today on how things went. In short, it appears to have not gone well for the Administration, even with three Trump-appointed Justices now packed onto the bench.

Vicuña, notes that "citizenship status has never been used as a determining factor in whether a person will be counted." He also explains the dangers of Trump's unprecedented decree and how his attempt to bastardize the "plain language" of the U.S. Constitution and "two centuries of precedent" to instead use only "voter-eligible" citizens in counts to determine apportionment in the U.S. House, endangers not only the immigrant population, but everyone else in America, even in so-called "red" states.

"The Administration's lawyers are dancing a strange dance," he tells me while describing Monday's hearing. "The President's memo very clearly states what the President wants, which is to exclude every undocumented person living in the United States --- undocumented people who contribute billions to the economy, who pay taxes on things that they may never see [like] Social Security. The President's attorneys are going into court and saying, 'Well, we're only going to do this within the strictures of what's allowable by law, so for that reason, you shouldn't even rule on this case now. There's no need to address the plaintiffs' challenge, because we don't exactly know how we're going to implement the President's goals' --- even though the President states them clearly --- 'so you should punt.'"

Whether the Court will go along with the Administration on this, and how the incoming Biden Administration may make all of this moot anyway, is all discussed on today's program.

Finally, we're joined by Desi Doyen with our latest Green News Report, in which the Trump Administration actually does something that is not only NOT horrible, but very very good for folks in Alaska who have been challenging the creation of the controversial Pebble Mine for more than a decade. Other than that, however, the final days of Trump's environmental smash and grab continue apace...

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On today's BradCast, we see some light at the end of America's dark tunnel. [Audio link to full show follows below.]

On Tuesday, the swing-states of both Pennsylvania and Nevada certified Joe Biden's victory over Donald Trump, joining Michigan from Monday. In Arizona, which certifies next week, its very Trumpy Republican Governor Doug Ducey conceded that "Joe Biden did win". And, despite Trump's repeated lie that the stock market would crash if Biden was elected, it continued to soar today, with the Dow closing above 30,000 for the first time. Trump stayed largely inside his White House bunker while continuing to falsely tweet that he won the election, though he did come out long enough to "pardon" a couple of turkeys. He's probably warming up for what is to come during the last desperate days of his failed Presidency.

We're joined today to discuss all of that and much more by Constitutional attorney and election law expert JOHN BONIFAZ, co-founder and President of the nonpartisan, non-profit good government group Free Speech for People (FSFP). His organization won several important victories in key voting rights cases prior to the election. One of them helped extend Arizona's registration deadline during the pandemic, allowing for 35,000 new registrations in the state that Democrats now appear to have won, for the first time in decades, by about 10,000 votes.

Our conversation today focuses largely on accountability, and the need for the President-elect to assure the criminal Administration of the previous four years does not escape it, as the Obama Administration allowed the George W. Bush Administration to do in their ill-considered effort to "look forward not back". Biden has reportedly been uttering similar thoughts of late. Bonifaz argues that would be a fatal mistake. "You can draw a straight line from the decision that President Obama made to only look forward, not to look back at the war crimes, the torture that had taken place during the Bush Administration --- you can draw a straight line from that decision, that strategic error, to the rise of Donald Trump. And I do think that we cannot make that mistake again," he tells me.

Among the areas of accountability that await the outgoing President, as Bonifaz sees it and hopes to ensure with FSFP: Crimes that were not included in Trump's impeachment for attempted extortion of the Ukrainian President (Bonifaz co-wrote a book on those crimes); obstruction of justice and other crimes touched on by Special Counsel Robert Mueller that remain unpunished; horrors carried out by the current administration at our nation's borders, including the "kidnapping" of children; the ongoing attempted coup to overthrow the results of the 2020 election; and even crimes against humanity for Trump's unforgivable failure to help avoid the unnecessary deaths of more than a quarter of a million Americans (to date) thanks to his criminal lies about the COVID pandemic --- just to name a few.

"What we've been left with now, since the election is perhaps the worst abuse of power of them all," explains Bonifaz, who is also founder of the National Voting Rights Institute. "His effort to subvert the Constitution, to disenfranchise millions of voters based on this falsehood that mail-in voting has been fraudulent, and to effectively overturn the Presidential election results, and engage in an attempted coup. All of that is not only an abuse of power, but it's a broad criminal conspiracy for which this President should be held accountable once he is out of office."

We also discuss whether Trump has the Constitutional power to pardon himself for any of those crimes before leaving office, and whether the Republican claims at having newfound concerns about election integrity (based in no small part on years of my own investigative reports, though bastardized by the cretinous lawyers currently representing Trump in his attempt to reverse his reelection loss by both hook and crook), might result in a new reason for hope for the real, decades-old Election Integrity movement. Longtime advocates like Bonifaz and myself have fought for years in that movement against the privatization of our elections by corporate voting system vendors and their proprietary computer voting and tabulation systems. Perhaps after the partisan opportunists have peeled off from the GOP's current false claims about "Dominion!" and "Smartmatic!" and "Hugo Chavez!", we'll find new legitimate allies from the Right.

"We have to reach for the gold standard of election integrity, which are hand-marked paper ballots for all of our jurisdictions across the country, with assistive devices for those who need it," Bonifaz tells me. "But we cannot have the private voting systems industry be in charge of counting our votes, because it leads to this distrust. It leads to this lack of verifiability. The reality here is that because so many people voted by mail this year, we actually had an ability to verify the election even more so than previous cycle. Hand-marked paper ballots are the gold standard."

Also today: A few overdue corrections before the holiday and several things that I am exceedingly grateful for, even in these dark days. And Desi Doyen joins us for our last Green News Report before Thanksgiving, which includes several items to be thankful for as well...for a happy change...

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P.S. Guest-host Nicole Sandler is in for us tomorrow! We'll see you next week after the holiday! Please stay safe and HEALTHY!

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As new coronavirus infections spike to an all-time daily record in the U.S. on Thursday (and again today), with cases now on the rise in nearly 75% of the nation and hospitalizations increasing again in 38 states, our infected President, Donald Trump, and his Democratic challenger, Joe Biden, faced off in Nashville, TN for the (mercifully) final debate of the 2020 season.

We've got full special coverage on today's BradCast with a very smart panel, including RICHARD "R.J." ESKOW of The Zero Hour; HEATHER DIGBY PARTON of Salon and Hullaballoo; and, of course, our very own Desi Doyen.

It's a rather lively hour today as we try to make sense of our collective Nightmare Before Halloween, which continued to play out on Thursday night at Belmont University, even while deftly moderated (with a helpful mute button) by NBC's Kristen Welker. As CNN's great fact-checker Daniel Dale explained on Twitter last night: "Biden was again imperfect from a fact check perspective. He made at least a few false, misleading, or lacking-in-context claims. Trump was, as usual, a serial liar," adding: "From a lying perspective, Trump is even worse tonight than in the first debate."

For our part, along with a bit of fact-checking, among the many issues we cover on today's program...

• Eskow offers insight --- as a former health insurance industry executive and Bernie Sanders 2016 campaign writer --- on the facts about both Biden and Trump's plans for healthcare coverage amid the worsening pandemic and a threat by the GOP's stolen U.S. Supreme Court to strike down the Affordable Care Act just days after the election. ("He keeps saying that 'my plan is that I'm going to have a plan.'");
• Parton, no stranger to deep dives into wingnut rabbit holes, helpfully decodes Trump's ginned-up Fox "News"-fueled "scandals" regarding Biden's family. ("This is about harassing Biden once he's elected. This isn't really about the election. Trump doesn't know that.")
• And Desi helps us make sense of Biden's newsworthy dose of reality offered near the end of the debate that, yes, we will have to transition away from oil and other fossil fuels, toward renewable, job-creating, emissions-free alternatives in the very near future...if we hope to survive on this planet.

You may also wish to buckle up for a bit of a scary ending today, as all three offer their thoughts to voters who may be under the impression that Biden has this wrapped up, and as Desi sagely warns: "The margin of victory [for Biden] must be greater than the margin of theft, suppression, and litigation." And that's not even the scary part!

Anyway, that's a tiny sample of today's offerings, during which you'll laugh, cry, and maybe even go to bed with nightmares. You're welcome! Please enjoy today's special coverage on The BradCast!...

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On today's BradCast: You thought your work was done after you vote? Think again! [Audio link to show is posted in full below summary.]

But, first up, a quick rundown of today's disturbing headlines to serve as a reminder that the only thing that matters between now and November 3rd is the general election now already under way, in which more than 26 million have already voted. Have you? We've got some useful tips on how to maximize the chances of your ballot being counted as cast in this pandemic year.

Then, a 3-judge panel of Republican appointees to the Michigan state Court of Appeals has overruled a lower court judge who had extended the deadline for mail-in ballots to arrive in the key battleground state, given U.S. Postal Service slowdowns. The lower court judge had previously determined that ballots postmarked by November 2 (the day before Election Day ) should still be counted if they were received by election officials up to two weeks after Election Day. The 3-judge panel, however, overturned that ruling and says that ballots must now arrive by Election Day. That's disturbing, given that some 6,400 ballots were tossed for arriving late after the state's August primary, in a state that is said to have elected Donald Trump by fewer about 11,000 votes in 2016.

Meanwhile, after technical problems with the voting systems caused hours-long lines for voters in parts of Georgia and Texas last week during their first days of Early Voting, the website for the Supervisor of Elections in Orange County, Florida --- yes, another key battleground state --- was not available today during the first day of Early Voting in the Sunshine State. The SOE's office blames a private vendor for incorrectly renewing the office's website domain.

With all of the problems expected in this election --- even more than we usually see (and that is saying a lot!) --- public oversight of the election, before, during and after Election Day, will be critical this year. To that end, we're joined today by EMILY LEVY, longtime election protection advocate and now founder of Scrutineers.org, a nonpartisan online community of people working to protect US elections.

Levy details how you can get involved with the group and help oversee our election processes from many different angles in your own community. The courts, clearly, cannot be counted on to protect our votes and, as the best elections officials in the nation will tell you, elections officials are not to be trusted! Only public oversight by the citizenry can guarantee a fair election.

Levy explains a number of the groups ongoing projects, including a (free!) Zoom training session this Friday for their "Poll Tapes Project", detailing how citizens can photograph and/or video tape the voting system results tapes that are printed out at the end of the night at polling places when they close. Reviews of those tapes are often helpful in discovering anomalies in the results eventually reported by county headquarters or the state.

She also discusses the group's "Candidate Caution Letter" campaign, requesting that candidates do not concede their races until all votes are tabulated and confirmed to have been done so accurately; an effort to train poll workers to keep an eye out for certain concerns that regular poll worker training generally does not cover; and how to be a polling place election monitor on Election Day and an observer at county headquarters as votes are being tallied and/or examined during post-election "audits" (at least in the very few jurisdictions that do any sort of post-election spot check of ballots to make sure that tabulation computers were counting accurately.)

Scrutineers is "a place where people can learn about the issues starting from scratch, if that's their beginning place, or get more advanced help if they've been working on these issues for awhile, and talk to each other, coordinate with each other to set up projects in their local communities, find the resources they need and ask questions of people who have been doing this work for a long time," Levy tells me.

"There's quite a wide variety of things to choose from," she says, including things that can be done from home. "Everybody can do something, and I hope that everybody will."

While campaigning and GOTV (Get Out the Vote) work that many people do "kind of ends on Election Night, that's when a lot of the activities that we're training people to do begin," Levy notes. "We're really hoping to see a huge influx of those dedicated people who want to make sure that everyone gets to vote, [are then able to] turn that dedication into making sure all those votes they worked so hard to get actually get counted accurately!"

Finally, we take a few quick calls today from listeners on how THEY plan to vote this year and some of the worries they have as Election Day is now just two weeks away...

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If you haven't already heard about the huge news regarding Donald Trump's taxes, I strongly recommend you go read it, because it's quite stunning. And yet, we didn't have enough time on today's BradCast to more than wave at that news at the top of the show. That's because the news at the U.S. Supreme Court is about to change this nation for a generation, according to our guest today, and perhaps forever. And not for the better. Also, we've got news that broke late Friday night out of Georgia that you almost certainly haven't heard about, but that is jaw-dropping and could result in an absolute disaster for every voter who chooses to vote at the polls in all 159 counties in the key battleground state this year. [Audio link to full show follows below.]

So, with that encouraging warm up, we turn first to the weekend's nomination of Judge Amy Coney Barrett by Donald Trump to become the sixth rightwing justice on the U.S. Supreme Court following the recent death of progressive icon Justice Ruth Bader Ginsburg. Before Ginsburg was even buried (her funeral is scheduled later this week), Trump wasted no time in naming Barrett, a proud disciple of the late Justice Antonin Scalia, to the high court. That as more than 20 states are already voting in this year's Presidential election. No nominee has ever been named this close to a Presidential election, and Republicans vow to have her seated before Election Day, even though they refused to even give Barack Obama's nominee, Merrick Garland, a hearing after Scalia died almost 300 days before the 2016 election. Republicans claimed at the time that "the American people should have a voice in the selection of their next Supreme Court Justice," since voting had already begun in the primaries that year. At the same time, as multiple polls make clear, huge majorities of Americans believe whoever is elected in November should be the one to name the next Justice to SCOTUS.

While disingenuous, duplicitous, dishonest, hypocritical Republicans lied in 2016 about that, they couldn't care less in 2020. So they are planning to ram Barrett through the confirmation process as quickly as possible, according to our guest today, Slate's great legal reporter MARK JOSEPH STERN, so that she will be seated in time for the Court to throw the election to Trump as needed. "Donald Trump has selected her for the express purpose of handing him the election by nullifying enough Democratic votes to secure him a second term," Stern makes clear at the outset. "He has said that out loud on multiple occasions. We have every reason to believe that was his chief criterion in selecting Barrett."

Beyond that, as to what Barrett's vote on the Court on other issues will mean for this nation, for health care, for abortion rights, for gun rights, for voting rights, for the environment, for LGBTQ rights, for immigration rights and much more, Stern pulls no punches today. The outlook is bleak. Very bleak.

"She is going to allow states to ban abortion, to punish and prosecute women who terminate their pregnancies, and even to let Congress ban abortion nationwide so that no state can give people access to the procedure," Stern details in his no-uncertain-terms litany of what Americans can expect under a 6 to 3 Court led by Barrett. "She isis against almost any kind of gun control law, including basic gun safety laws that keep violent criminals from obtaining firearms. ... She does not believe in the right to vote. She believes that states should be able to strip individuals of their right to participate in democracy for arbitrary and discriminatory reasons. ... She does not support LGBTQ equality. She rejects the idea of same-sex marriage. She does not even believe it's real marriage, so far as we can tell. ... She is going to strip our federal laws of all environmental and labor regulations that have any effect. She is going to abolish the federal government's ability to regulate carbon emissions, mercury, lead, to protect workers from labor exploitation," he explains before summing up: "She is going to remake this entire country's law in a way that might satisfy a robber baron of the 1800s, but will make every one else feel --- rightly --- like they're living in the dark ages."

Other than that, she's great! Actually, that's just a partial list of what he says should be expected if/when she is confirmed.

But he's equally clear about what he sees as the only way that Democrats --- and the nation itself --- can now be preserved. And that is the expansion of the Supreme Court with the addition of 4 more seats to restore the Court majority to liberals who should rightly have it after the GOP stole the Court majority from them in 2016. Presuming Dems take the White House and Senate majority this year, Stern argues: "Nothing else the Democrats do is going to matter if they don't begin here first. This is it. This is the test. If Democrats fail this, there might not be any coming back from it."

Would such a "radical" move make things worse? Will it lead to an endless cycle of SCOTUS Wars and the delegitimization of the Court itself? Stern speaks to all of that and much more today. Please tune in.

Then, the news that you almost certainly haven't heard out of Georgia. On Friday night, the Secretary of State's office informed elections officials in all 159 counties that they should immediately stop pre-election testing of the state's brand-new, $100 million, unverifiable touch-screen Ballot Marking Device (BMD) voting system due to what Election Director Chris Harvey described in an email as "an error in the November database which will require every county to get a new database for the November 3, 2020 election."

"I am very sorry to have to tell you this," Harvey continued, somewhat understating how serious this matter is. "I know that everyone is working as hard as they can to be prepared. We will do everything we can to minimize the delay this will cause. I will give you an update Monday on any ETA for your new database."

While it's still unclear when the corrected databases (or whatever the problem actually is) will be available, the Coalition for Good Governance, which has a long-running federal lawsuit to block the use of the state's new unveriflable touchscreen voting systems --- which every voter in the state is forced to use at the polling place, instead of safer, verifiable, hand-marked paper ballots --- filed a motion on Friday night explaining to the court that it is simply too late to properly test the 80,000 or so separate pieces of the system, as required by law, before Early Voting begins in two weeks.

"[U]nder the current plan," the Coalition spells out in the filing, pre-election "Logic and Accuracy testing is required for 34,000 touchscreens, 34,000 BMD [Ballot Marking Device] printers, 8,600 pollPads [electronic pollbooks], 3,800 precinct scanners, and 175 high volume mail ballot scanners," adding that "A far more manageable, realistic, and safe solution for an orderly and defensible November election is to use hand marked paper ballots instead of the BMD touchscreens and printers, while maintaining a single BMD in every polling place for accessibility needs, to satisfy the requirements of HAVA [the federal Help America Vote Act]."

The federal judge who found the state's previous, 20-year old touchscreen systems to be unsecure, unverifiable and, therefore, unconstitutional, is set to make a ruling at any moment on whether the new systems are equally unconstitutional and should be banned like the old ones were last year. She called all the parties in the case to an emergency hearing on Monday following Friday's stunning news, placing into question whether the state will be able to use the systems at all this November.

We will have much more on this disturbing story as it develops in coming days. But this is just another reason why it is insane to use these types of systems in any election, much less the most critical one in this nation's history. In addition to the entire state of Georgia --- a key battleground state this year --- similar unverifiable touchscreen Ballot Marking Device systems are being used for the first time this year in many of the most Democratic-leaning counties in key battleground states including Pennsylvania, Ohio, North Carolina and Texas, among others, not to mention Los Angeles County in California, the most populous voting jurisdiction in the nation...

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Today's BradCast, I suspect, largely speaks for itself. [Audio link to full show is below.]

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

• Steve Bannon, Donald Trump's third 2016 campaign chief and former CEO of the rightwing propaganda outlet Brietbart, becomes the third to be arrested and charged with crimes. He now faces federal felony fraud charges for stealing $1 million from a supposedly non-profit donor-driven wingnut effort that raised $25 million to build fencing on the U.S. southern border. We're happy to see yet another Trump-enabled con-man and grifter held accountable, but it comes with a warning about what this likely means for other federal indictments that could drop in the coming days ahead of the November 3rd election;

• After receiving a very generous mulligan from the Republicans' stolen U.S. Supreme Court last month --- allowing his attorneys another bite at the apple in making their ridiculous case that the President of the United States is above the law in every way --- Trump's lawyers lose yet again, as a lower federal court judge rules for a second time that Trump's accounting firm, Mazars USA, must turn over his tax returns and other financial documents to the Manhattan District Attorney investigating the President on state fraud charges;

• Our quick review of the masterfully crafted and performed Day 3 of the DNC's virtual Democratic National Convention, including the historic nomination and perfectly delivered acceptance speech by official Vice Presidential candidate Kamala Harris, and...;

• An extended excerpt of former President Barack Obama's speech for the ages, unlike any he's ever delivered, with a stern and clarion call to all Americans to rise up now by casting our votes to save democracy and the republic itself...

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On today's BradCast: the COVID crisis continues to get worse, Americans wise up on reopening schools, potential hope for Kansas, and Donald Trump becomes a laughing stock. Again. [Audio link to full show is posted below summary.]

Last week, during his rambling, wildly political Rose Garden "press conference" (it was really a political rally), Trump promised that over the next eight weeks, we would be seeing "things that nobody has even contemplated, thought about, thought possible," and that "nobody's ever going to see eight weeks like we're going to have." While, I think it was meant as a rallying cry for a bunch of initiatives he plans to pretend to invoke during desperate days in advance of the November election, it sure sounded like a threat to me. Either way, we suspect he's right about what we will see. He suggested he would be "taking on immigration, taking on education" and that it all would start "some time on Tuesday."

On Tuesday, Trump unveiled something that had to do with immigration, which we discuss with our guest today (see below). As to "taking on education", that part remains somewhat less clear. But if it has to do with insisting that school kids go back to in-person classes next month in the middle of a deadly and worsening pandemic, the American people are decidedly not with him on that one. A new poll out today from AP/NORC finds that just 8% of Americans believe K-12 schools should reopen this Fall for normal, in-person instruction. Nonetheless, Trump is still threatening to take away federal money for special ed to those schools who do not obey his command.

That command is still in place --- and being ignored by most of the nation's largest school districts --- as more than 1,000 Americans died from COVID-related illnesses on Tuesday alone. It was the first time since May that that has happened, as mountains of evidence --- including 59,000 hospitalizations on Tuesday --- underscore, yet again, that the U.S. is headed in decidedly the wrong direction in dealing with the crisis. These will be a very difficult eight weeks indeed. There are fifteen weeks until the November 3rd Presidential election.

And, speaking of elections, state primaries are still ongoing, with statewide contests in Arizona, Kansas, Michigan, Missouri and Washingtonstate coming up on August 4th. We take some time to focus on Kansas today, where notoriously failed GOP "voter fraud" fraudster and the state's former Sec. of State Kris Kobach is running for the Republican nomination for U.S. Senate, in hopes of filling the seat being vacated by Republican Sen. Pat Roberts. It has been an embarrassing few days for Kobach, after his friend Rep. Steve Watkins was indicted last week on 3 felony counts and 1 misdemeanor charge related to voter fraud. As we reported last week, Watkins was charged for doing precisely what Donald Trump did. He unlawfully registered to vote at an address where he did not live, and then he unlawfully voted in an election using that unlawful address. Watkins has been indicted in Kansas. Trump is still a Florida voter fraud criminal at large at this hour.

Kobach, who built his entire two-term career as Sec. of State by promising to stamp out rampant "voter fraud" in Kansas by Democrats and non-citizens, was able to bring only 15 prosecutions during his eight years in office, obtaining convictions on fewer than 10 of them, with nobody receiving any jail time. Virtually all of the convictions were against people who voted twice in two separate states, because they owned homes in both, with many not realizing that was against the law. Nonetheless, Kobach prosecuted people who did the same thing that Watkins (and Trump) did. But, when asked by the Kansas City Star for comment after Watkins' indictment, Kobach offered a bizarre reason why he disagreed with the charges.

All of which helps underscore the fact that the fraud Kobach --- after losing to a Democrat during his 2018 run for Governor in Kansas --- is now hoping to secure the GOP nomination for the Senate. He is running in a field of 11 candidates seeking the honor and we completely endorse him! So, apparently, does his presumptive Democratic challenger, Barbara Bollier, who, in the second quarter of this year, according to AP, "raised almost $1.3 million more than the top-tier Republican primary candidates combined."

Could a Democrat actually flip the Kansas Senate seat from "red" to "blue" this year for the first time since 1932? Bollier was a moderate Republican until she became so embarrassed by Trump and her own party that she became a Democrat at the end of 2018. We'll will find out in about 15 weeks. But a Kobach win in the August 4th primary would certainly help, as Kobach is far "too conservative" for Kansas.

Finally, back to Trump's promise to "take on immigration" on Tuesday, when he unveiled an Executive Memorandum (not an Executive Order, but a memo...not sure if he knows the difference), declaring it to be the position of the United States that immigrants in this country should not be counted when determining the next Congressional apportionment that is to occur after the completion of the 2020 Census. That, despite the very plain language of the 14th Amendment which reads: "Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state".

We're joined today by Constitutional law expert THOMAS WOLF of Brennan Center's Democracy Program, where he specializes in the Census, redistricting, and immigrant rights. He tells me, quite bluntly, that "the memorandum [issued by Trump] is not worth the paper its printed on. The Constitution's plain text is very clear: every person counts. 'Persons' means persons and 'persons' means everyone. That means that everyone is to be counted."

Even Bill Barr, when he was Attorney General the first time, back in 1989, agreed!

"The memorandum that President Trump issued yesterday," Wolf continues, "assumes that President Trump has the power to decide who counts and who doesn't. Unfortunately for him, but fortunately for the rest of the country, the Constitution has already made that decision for him, and the Constitution decided that all people count."

In case he was unclear about that, Wolf adds later: "From the top, there is no legitimacy to this order." But, if so, what was the point of Trump issuing the memo that obviously tries to reverse the 14th Amendment adopted during Reconstruction to do away with the Constitution's previous clause declaring that some people in America --- slaves --- were to be counted by the Constitutionally-mandated decennial Census as three-fifths of a person? Wolf offers insight and answers to that question, as well as how to help counter Trump's plan which, as he notes, "is so patently unconstitutional, it's astonishing."

(Hint: One of the ways to counter it, argues Wolf, is to "Get counted! That's how we push back against this." If your household has yet to do so, please go and fill out a Census form today at 2020Census.gov!)

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On today's BradCast: Why does Indiana's Secretary of State Connie Lawson believe her emails with other Secretaries of State, and potentially voting system vendors, should be exempt from disclosure via public records requests? She is claiming her discussions about those systems with members of the private National Association of Secretaries of State (and any private vendors they may discuss or hear from) should somehow be protected due to exemptions for trade secrets and national security that cannot be exposed to the public. A judge in Indiana, however, seems to believes she is wrong. [Audio link to full show is posted below summary.]

But, first up today, a few items of breaking news amid our ongoing dystopian American nightmare...

• A federal appeals court panel agreed today with a lower court judge that Donald Trump violated the law when he commandeered $2.5 billion in tax-payer dollars appropriated by Congress for the military in order to build his wall under the phony guise of a "national emergency". That, after Congress had specifically refused to allocate such funds. Bill Barr's corrupt Dept. of Justice will likely be appealing that one all the way up to the GOP's stolen U.S. Supreme Court if necessary;

• As we have been warning for weeks (months?), the coronavirus pandemic is getting worse, not better, in the U.S. In particular, as we've demonstrated, many of the hardest hit regions where infection rates, ICU usage and deaths are skyrocketing are places where Republican politicians have been successful in joining our maniacal conman President in pretending the virus would simply go away if we just reopened our doors for business. That strategy has failed miserably and tragically. So much so, that the very Trumpy Republican Governors in two of the hardest hit states, Florida and Texas --- which were among the first to prematurely reopen --- were forced to re-close bars, restaurants and other businesses today as infections rates surge to record numbers in their states, and as ICU beds in some locations are quickly filling to capacity;

• That, at the same time Vice President Mike Pence, who heads up the White House Coronavirus Task Force (remember them?), held their first press briefing in weeks to continue the Administration's attempted gaslighting of America to declare "very encouraging news" in the case numbers which are going straight up now in a majority of U.S. states;

• Today's grim record COVID-19 numbers come just days after our failed President lied to his supporters at his latest maskless Death Rally inside a Phoenix church on Tuesday that "it's going away". It's not. It's getting worse. That was the same day in which internal White House task force documents, according to an NBC News exclusive, told both Trump and Pence that new case numbers in Phoenix --- which "had the highest number of new cases among the 10 metropolitan regions where the week-over-week change in infection rates spiked the most" --- was up some 150 percent over the past week. And, yes, infection rates, hospitalizations and deaths rates are rising as well, according to the White House's own numbers. That is not, despite the lies from both Trump and Pence, caused simply by "more testing".

With unabashed criminals like this now running our country --- and hopefully facing charges of criminal negligence if not mass murder someday soon --- we turn back to our "last firewall": our electoral system. There, we've got a bit of good news today, as Indiana Judge Heather Welch has rejected most of the claims made by the state's Sec. of State Connie Lawson (formerly a member of Trump's failed and phony "voter fraud" commission) to try and obscure her emails with members of the National Association of Secretaries of State (NASS).

The judge's ruling stems from a lawful request filed under Indiana's public records act. The suit, filed on behalf of the National Election Defense Council (NEDC) by Free Speech for People (FSFP), seeks those records in which Lawson was discussing voting systems with fellow Secretaries around the nation, NASS staffers, and, very likely, according to our guest today, private voting system vendors who wine, dine and lobby our nation's elections officials. In turn, those officials buy the unsecure, overly-expensive, error-prone computer voting and tabulation systems from the companies, and then parrot their talking points when the systems fail or when the public seeks to learn how they actually work (or don't.)

We're joined today by FSFP Legal Director RON FEIN to explain the court's recent ruling [PDF] in which the Judge rejected most of Lawson's claims to things like copyright and trade secret exemptions for her official Sec. of State emails. The judge is also demanding to privately review in her chambers those emails about which Lawson is claiming statutory exemption on the basis that disclosing those emails to the public would pose "a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack."

Lawson [pictured above with her newly purchased unverifiable computer voting systems] served as President of NASS from 2017 to 2018. She falsely testified [PDF] in 2017 before the U.S. Senate Intelligence Committee, during its probe of Russian interference in the 2016 election, that America's "voting machines are not connected to the Internet or networked in any way." That claim has been proven to be an out and out lie, over and over and again.

Nonetheless, if true, what possible "vulnerability to terrorist attack" could Lawson be referring to? Fein offers his thoughts, and explains why the judge's ruling that "access to public records is an important statutory right," is already a victory in this little known, but potentially very important case.

"The fact that the Indiana Secretary of State has fought so hard to keep these materials private suggests that at least some of them have something that's embarrassing that they don't want the public to see," Fein tells me, suggesting that, "In some cases, the [voting system] companies are either outright bribing or engaging in extremely unethical practices with election officials."

"One of the most essential elements of democracy is a free and fair election. And the free and fair election requires that it be secure and trustworthy...And we have misinformation out there about the security of these systems. When that misinformation is being spread by election officials whose job is supposed to be to spread accurate information and, if anything, tamp down misinformation, then it means that we have a crisis of legitimacy in the election," Fein explains. "What we're hoping through this public records access lawsuit is that, if we can shine a light on the processes by which election officials end up as vehicles for misinformation about the security and reliability of our election systems, then that will provide an opening for reform."

Please tune in for the full conversation, as we cover quite a bit of ground. And, just for the record, Lawson also misled the Senate Intelligence Committee when she insisted under oath that "no votes were changed in 2016." In fact, nobody actually knows one way or another, because nobody ever bothered to check.

Finally today, after yet another hellish week in Trump's America, we close with a smile and a song "celebrating" his under-attended Death Rally last weekend in Tulsa...

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On today's BradCast: There is one thing that Donald Trump excels at: screwing up. Despite his promises to his nativist racist base to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program, even his stolen U.S. Supreme Court had to concede his attempt to do so was unlawful and unconstitutional [Audio link to full show is posted below]

It was the second such defeat for the haters this week, after Trump's own appointee, Justice Neil Gorsuch, found it unlawful in his 6-3 majority opinion to fire someone simply because they are gay or trans, as had been legal in most states before this week's landmark ruling. Today's defeat for our feckless President was found in the 5-4 majority opinion [PDF] authored by Chief Justice John Roberts who, with the Court's four Democratic appointees, held that, in Trump's haste to end the program that protects from deportation nearly 800,000 people brought here by their parents as children, the Administration did so in violation of the Administrative Procedures Act (APA).

No, Roberts isn't turning into a liberal squish, despite the blustered outrage from rightwingers today. The APA statute requires a reasonable explanation for overturning Executive Actions by previous Presidents, and the Roberts majority determined --- as with Trump's botched attempt to add a citizenship question to the Census last year --- the Administration couldn't even muster up one.

We're joined by SARAH PIERCE, policy analyst at the Migration Policy Institute, to describe the "surprise", if narrow, opinion, that protects DREAMers for now, but allows Trump to try again if his Administration can figure out how to do it legally. "No one expected the Supreme Court to rule against the Trump Administration and how it went about ending DACA. We're all extremely surprised by this decision --- and happy, because this is a large group of young people we're talking about in the United States that contribute a lot to our country, and society, and economy. So it's good news all around," she tells me.

In addition to the good news that these folks --- some 20,000 of whom are now working in the health care industry during the pandemic, many others in the U.S. military, many more now married with U.S. citizen children --- will not be ripped out of their communities and sent back to countries they don't remember or even speak the language, the economy will also not have to suffer another $300 billion blow. That is just one of the costs cited by Roberts in his opinion as unlawfully ignored by the Administration when they violated the law in trying to reverse DACA.

Naturally, Trump played the victim, describing this week's two SCOTUS verdicts that did not go his way as "horrible & politically charged decisions" and "shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives." He then pitifully asked: "Do you get the impression that the Supreme Court doesn't like me?" No. But pretty much nobody else does.

For his part, President Obama lauded the decision, citing DACA as having "protected young people who were raised as part of our American family from deportation." He called for Joe Biden to be elected with "a Democratic Congress that does its job, protects DREAMers, and finally creates a system that's truly worthy of this nation of immigrants once and for all."

As Pierce explains on today's show, Congress has, for years, been on the verge of passage of an immigration bill to protect DREAMers. Those efforts, however, are inevitably scotched by Trump and the GOP, who seem to prefer a political issue they can raise money on to an actual permanent solution to the problem.

"We've always gotten a lot of mixed messages on this, not only from Donald Trump's statements but from his actions, as well," says Pierce, referencing his 2017 tweet when he asked: "Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military?," followed by his tweet two years later when he referred to some DREAMers as "far from 'angels" and "very tough, hardened criminals."

"Both the Senate and the House took time to seriously consider passing legislation on DREAMers," Pierce notes. "And the White House really torpedoed that, both times, by adding a bunch of demands that were just unsuitable for Democrats to take on. So we have them moving one step forward, clearly with the interests of DACA recipients interests in mind, and then taking two steps back. They're all over the place."

Whether these failures harm or hurt Trump's reelection chances remains to be seen. He is already demanding "more Justices or we will lose our 2nd. Amendment & everything else." But, of course, as his former National Security Advisor John Bolton's new book makes clear --- according to reporting on copies obtained by media before next week's official publication date --- everything Trump does, every decision he makes as President, is not based on how it might help Americans, but on how it might help his reelection chances. That includes an attempted quid pro quo scheme, according to Bolton, to lift U.S. sanctions against China in exchange for their purchase of soybeans and wheat to help voters in the Midwest that Trump believes he needs to win in 2020.

The conversation described by Bolton between Trump and Chinese President XI Jinping mirrors the extortion scheme with Ukraine's President that resulted in Trump's impeachment last year. Shamefully, though Bolton would have bolstered the Democrats' case against Trump in the impeachment trial, he chose to hold his revelations for his new book. Please don't buy that book, even as everything so far described from it regarding Trump's failures and fecklessness as both a President and a human being sounds 100% plausible.

Finally, we're joined by Desi Doyen for our latest Green News Report, as the corporate person known as California utility company PG&E admits guilt to 84 counts of manslaughter (don't worry, despite all the deaths they admit to causing, nobody will actually go to jail); as new analyses find the nation could move to 90% renewable electricity in just 15 years and save money doing it; and as the 2020 wildfire season sparks up with an ominous beginning...

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On today's BradCast: Governors in California, New York, Illinois and Pennsylvania are among the first to issue statewide "stay-at-home" orders, though more are likely to do so very soon as the nation begins to self-quarantine due to the coronavirus pandemic. But is it possible, legal or Constitutional that Donald Trump could exploit this serious public health crisis to postpone or cancel this November's critical Presidential election? We gets some legal and Constitutional answers to that question today and the answers are both comforting and not comforting at all. [Audio link to show is posted below.]

But first, CA Gov. Gavin Newsom, in a letter to Donald Trump, warned that, without mitigation efforts, including help from the federal government, as many as 56% of the Golden State's population (or 25.5 million people here) could become infected over the next two months.

At the same time, a shortage of personal protective equipment for health care workers has led to price-gouging by the nation's medical supply companies, according to a GA healthcare CEO who says he is being charged $7 a piece for critical masks that usually cost .58 cents each. But why do we even have a shortage, given that we've known about this matter for months and Trump has now supposedly invoked the Defense Production Act, allowing the federal government to commandeer manufacturing facilities to meet critical needs for the nation's security?

At the same time, just days after the Republican Party had been tarring the Democratic Party as "socialists", Republicans are now calling for major socialist giveaways to combat the COVID-19 crisis. In fact, Trump is even calling for the federal government to take ownership in private corporations that may soon be receiving yet another socialist bailout. That's right, according to the President, Republicans like him now support the very definition of socialism wherein the government takes control of the means of production.

Then again, based on the President's unhinged behavior at today's White House press briefing, which we share on the show, he may be losing track of reality even faster than previously.

All the while, states around the nation continue to postpone previously scheduled Presidential primary elections, with Connecticut and Indiana over the past 24 hours joining more than a half dozen states who have already done so. But, never mind the primaries. With a desperate, already-unbalanced President like Trump, would anybody be surprised if he attempted to invoke national emergency powers amid a global pandemic to try and cancel this November's Presidential election all together? And, if he wanted to, does either federal law or the U.S. Constitution allow him to do so?

Slate's ace legal and court reporter MARK JOSEPH STERN has been looking into that point which, he tells us, might have seemed crazy just a few weeks ago, but no longer. The short answer is no, Trump can't do it on his own, not without Congress agreeing. But there are enough "red" states with a mechanism for doing so that, under this Presidency, you'd be ill-advised to keep your guard down. He explains the no-longer-unimaginable circumstances that could occur.

He also details how the Trump Administration recently ordered immigration judges to remove CDC posters warning about the coronavirus epidemic from their courtrooms, as crowded detention centers become breeding grounds. Stern says that, at this point, with this crisis and some 50,000 jammed into crowded, unsanitary detention camps, "the entire system is in total disarray."

Stern has also been reporting of late on how it's not only the Executive Branch that has monumentally failed to take appropriate action for weeks to prevent the spread of the virus --- the Judicial Branch, headed up by U.S. Supreme Court Chief Justice John Roberts, has failed mightily on that score, as both courtrooms and prisons have turned into viral petri dishes over the past several weeks. "It is a mess, because the chief judge of every different district court is making these decisions on the fly," he tells me. "Unfortunately, people are still being exposed to this virus in federal courtrooms right now. "

But at least Roberts has cancelled oral arguments before his own Court this month, including cases regarding whether Trump must release his taxes to law enforcement officials and whether or not Presidential Electors in states across the country must, in fact, vote the way their state's have when those electors cast their lot with the Electoral College. That question --- if SCOTUS ever reconvenes and issues an opinion on it --- may play a key role in the question regarding the ability of this President to effectively cancel this year's Presidential election.

All of those issues, and many others today, in another don't-miss, news-packed BradCast!...

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Before we can even get to the central story line on today's BradCast --- Biden's weekend win in South Carolina and voting system problems leading in to Super Tuesday, particularly in Los Angeles --- or crack open the phone lines to a bunch of calls with questions about voting on Super Tuesday, we quickly round up just some of the weekend news stories which, in a normal world, would each have merited their own entire program! [Audio link to show is posted below.]

The news began breaking left and right after we got off air Friday and hasn't stopped through airtime today. Among the stories quickly covered at the top of today's show...

• A three-judge panel on a federal court of appeals tossed out the House of Representatives' lawsuit to force Donald Trump's former White House Counsel Don McGahn to testify under the House's lawful Congressional subpoena as a witness to Trump's attempt to kill the Robert Mueller Special Counsel probe. If the panel's 2 to 1 ruling led by two George W. Bush judges holds, it'll be the end of all Congressional oversight of the Executive Branch as we know it;

• A federal appeals court blocked Trump's "Remain in Mexico" policy for immigrants seeking asylum in the U.S., and then unblocked it moments later;

• Trump loyalist Rep. John Ratcliff (R-TX) was nominated for a second time to become Director of National Intelligence despite no intelligence experience to lead the nation's 17 intelligence agencies and after having been rejected by Senate Republicans when he was nominated the first time last year for the same role;

• The U.S. signed a peace deal with the Taliban to remove all U.S. troops from Afghanistan in America's longest war, but Rep. Barbara Lee (D-CA) the only member of Congress to have voted against the 2001 Authorization of Military Force, says Trump's "so-called 'peace deal' is anything but" and will leave thousands of troops in place. As of Monday, the Friday deal is already falling apart;

• 6 deaths from the coronavirus in the U.S. have now been reported over the weekend and into Monday, with a cluster of cases in the Seattle area, and new infections announced in New York, Chicago, Florida, Arizona and elsewhere;

• And, on Monday, the U.S. Supreme Court agreed to hear the GOP/Trump Administration challenge to the Affordable Care Act (ObamaCare) which, if successful, would completely strike down the landmark health care insurance law, leaving millions without coverage and insurance companies free to deny coverage to those with pre-existing conditions again.

All of that before we are able to even get to Joe Biden's huge reported victory at the South Carolina primary on Saturday, besting his nearest competitor (Bernie Sanders) in the Palmetto State with more than twice as many votes. In the wake of Biden's revival after his dismal performance in the first three states (Iowa, New Hampshire and Nevada), several candidates dropped out of the race, including billionaire Tom Steyer, former South Bend, IN Mayor Pete Buttigieg and MN Senator Amy Klobuchar. The last of those two announced their endorsements of Biden on Monday as centrist Democrats band together to challenge Sanders.

But what of those voters in California, Texas and a dozen other Super Tuesday states who made the mistake of voting early (despite our weeks and months of warning folks otherwise) for a candidate no longer in the race as of tomorrow's primaries in all of those states? And what of those voting centers where Los Angeles County's new, $300,000,000 unverifiable touchscreen voting systems have been failing to work at all? And why have pollworkers in L.A. been told not to talk to media, as I learned this weekend.

We open the phones to callers today (as we will again tomorrow) to hear about their early voting experiences, problems and concerns, and for questions about the new, frequently unverifiable voting systems now in use across the country (in places like South Carolina, North Carolina, Texas, Georgia, Pennsylvania and elsewhere in addition to L.A. County, the largest voting jurisdiction in the nation)? A number of callers were alarmed to learn about the flaws and failures of touchscreen computer Ballot Marking Device, including one caller who noted that, no, she didn't bother to verify her computer-marked paper ballot before casting it, believing that her work was done after verifying her choices on the touchscreen! So, a very busy hopefully interesting and informative (and, sorry, maddening) show today on 'The BradCast'!...

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On today's BradCast: It was Day One of sixteen scheduled hours of Questions and Answers in the Senate Impeachment Trial of Donald John Trump on Wednesday. And it was absolutely fascinating. [Audio link to today's show is posted at end of summary below.]

Senators from both parties submitted written questions to be read aloud by Chief Justice of the Supreme Court John Roberts, who is presiding over the third such trial in U.S. history, and answered by the two teams of attorneys, the Democratic House managers prosecuting the two Articles of Impeachment against Trump, and the White House Counsel defending him. The brief answers by both sides supported their presentations made previously, and sometimes added additional claims. One example was when criminal defense attorney Alan Dershowitz, representing the President, claimed that Trump's pressure scheme to withhold $391 million in military aid to Ukraine in exchange for announcements of investigations into his political rivals was perfectly allowable because if the President felt his reelection was in the nation's best interest, then he can't be impeached for the scheme. All of it, Republicans continued to argue, is nothing more than a "partisan policy difference" between Democrats and the White House.

On the Democratic side, House Managers detailed how the White House counsel had repeatedly claimed the impeachment is invalid because the House failed to seek subpoenas in court for some witnesses before bringing the Articles to the Senate, even while the White House is in Court right now in related cases arguing the exact opposite, that House subpoenas of Executive Branch officials are illegitimate because the House has no right to oversee the Executive Branch. As Lead House Manager Adam Schiff explained: "Yes, we're to try to divine the intent of the Framers, but we are not to leave our common sense at the door."

But the most crucial dispute at the moment, perhaps, is whether witnesses such as Trump's former National Security Advisor John Bolton should be subpoenaed to testify in the trial after the New York Times reported this weekend that his forthcoming book offers first-hand corroboration of the Ukraine scheme that the President's attorneys have denied. All of this, as reported on Wednesday morning, the White House sent a letter to Bolton's attorneys on January 23 attempting to block the March 17 publication of the book on "national security" grounds; as Trump unleashed a tirade against Bolton on Twitter on Wednesday; and as Senate Majority Leader Mitch McConnell reportedly conceded on Tuesday night that he does not yet have enough Republican votes to block witnesses at the trial.

We're joined for expert insight and analysis on all of this today by Constitutional attorney JOHN BONIFAZ, Co-Founder of FreeSpeechForPeople.org and author of several books on impeachment, including The Constitution Demands It: The Case for the Impeachment of Donald Trump. Bonifaz' organization has been referenced at various times during the Impeachment proceedings, as they had called for Trump's impeachment on the day he was sworn in, charging that he was in violation of the Constitution's Emoluments Clauses as of that moment.

Bonifaz, argues today that "If this President is not removed from office, the House should proceed to advance new Articles of Impeachment. There is no reason why this President should not be held accountable for his cruel and unconstitutional imprisonment of children and their families at the border, for his obstruction of justice, for his abuse of the pardon power, for his racist abuses of power, for his violations of the Emoluments Clause --- the list goes on, and the President ought to be held accountable for those high crimes, as well."

He also responds to several of the defense arguments offered by the White House's attorneys; offers his thoughts on whether Bolton and others (including the Bidens) should be called as witnesses; gives his impressions of the case brought to date by Democrats; calls out both Dershowitz and White House attorney Ken Starr (who led the impeachment investigation against Bill Clinton) for hypocrisy; and explains his own consistency in supporting Impeachment of George W. Bush, Donald Trump and, yes, Bill Clinton at the time, for Abuse of Power by each of those Presidents...

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It's NICOLE SANDLER, back again to guest host today's BradCast. It's not only a new year, but a brand new decade. So we decided to get a bit ethereal and start the year by looking at a unique way to deal with the insanity in our world, and to look back at how the hippies coped in the 60s and early 70s.

My first guest is JUDE MORFORD, founder of WomenStanding. She contacted me a few months ago to tell me about her treks to various border sites where children are held in cages by our government after being separated from their parents...by our government. She stands in silent vigils. And it works for her.

Also today: A visit with STEWART L. ROGERS, author and editor of the new book, What Happened to the Hippies: Voices and Perspectives, in which 54 people who lived through the Age of Aquarius shared their memories of how peace and love resonated during the Vietnam War and Watergate eras...

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While surfing the web I came upon an article posted on Christmas Eve by Jason Hopkins, of the rightwing outlet called "The National Interest." It cites a "study" by another rightwing outlet, the Center for Immigration Studies, as cause for alarm.

The article and the cited study falsely claim that the counting of illegal immigrants in the 2020 Census will result in a loss of 24 Congressional seats in states that voted for Donald Trump in 2016 --- Ohio (3), Pennsylvania (2), Michigan (2), and one each in Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, West Virginia, and Wisconsin. The only blue states to lose Congressional seats, according to the outlet's characterization of the "study", would be Minnesota (1) and Rhode Island (1).

The article also falsely claims that 19 Congressional seats would be gained by states that voted for Hillary Clinton in 2016 --- California (11), New York (4), New Jersey (2), Massachusetts (1), and Illinois (1). The only other states to gain Congressional seats, they report, would be the "red" state of Texas (4), and the swing state of Florida (3).

While conceding that non-citizens cannot vote, the article warns that counting them in the 2020 census will result in more Congressional seats for high-immigration districts, thus reducing political power in districts where almost everyone is an American citizen.

Predictably, almost all the more than 2,000 public comments in the version of the article republished by Yahoo News (the original version at National Interest does not allow public comments) allege that Democrats favor open borders and allowing illegal immigrants to vote. Almost nobody noticed that there is no basis for the statistical claims made by the Center for Immigration Studies...

On today's BradCast, a heads up for just one of the newest, horrible, deadly things the Trump Administration is hoping to pull off on behalf of toxic corporate polluters, even as we're all distracted by impeachment of the President. [Audio link to show is posted below.]

In addition to a top of show teaser for our 1000th Green News Report at the end of the show, we kick off with a quick news roundup. Among the stories covered...

• 95-year old former President Jimmy Carter is said to be recuperating after surgery to drain pressure on his brain following a number of recent falls;

• The Republicans' stolen U.S. Supreme Court, surprisingly, allowed a lawsuit to proceed against gun manufacturer Remington, as brought by families of victims killed with one of the company's AR-15-style weapons in 2012 at the Sandy Hook Elementary School in Newton, Connecticut. The case alleges Remington's marketing was unlawful under CT law, and the plaintiffs have successfully argued that a 2015 federal law which bans most lawsuits against gun makers should not apply in this instance. SCOTUS appears to have agreed. If the complaint is ultimately successful in finding Remington violated the law, it may open up new avenues for additional suits against gun manufacturers and dealers by victims of gun violence;

• Less surprising news from the GOP's stolen SCOTUS today comes from those in attendance at the Court for oral argument on Tuesday in a case which could strike down President Obama's Deferred Action for Childhood Arrivals (DACA) program. Court watchers suggest that questions from five Justices auger that the Republican appointees are prepared to allow the Trump Administration to end the program meant to offer protection from deportation for more than 700,000 [PDF] children of immigrants (so-called "Dreamers") brought here by their parents at a very young age;

• On the eve of public hearings for only the 4th Impeachment inquiry in U.S. history, Intelligence Committee chair Adam Schiff (D-CA) released details on procedures for the hearings beginning on Wednesday, while an 18-page Republican talking points memo, detailing how they plan to oppose charges against the President, was obtained and published by CNN.

But, while the nation's attention is understandably focused on impeachment, the Trump Administration is continuing its non-stop corruption of federal Government power in favor of corporate industry interests. A draft proposal for a new rule from the Environmental Protection Agency Administrator (and coal lobbyist) Andrew Wheeler, as obtained by the New York Times, reveals the EPA's latest attempt to undermine scientific research in favor of toxic industry pollution of air and water and more.

The new rule, if approved, picks up where one introduced by disgraced former EPA chief Scott Pruitt left off. The original iteration of the rule was met with a tidal wave of opposition in some 600,000 public comments, almost all opposing the scheme. Nonetheless, Wheeler not only ignored those comments, but has now broadened the new proposed rule so that it might actually be applied not only to new regulations from the EPA, but also to existing regulations as well.

In effect, as our guest today, DR. ANDREW ROSENBERG, Director of the Center for Science and Democracy at the Union of Concerned Scientists, warns, the new rule, if adopted, would "devastate public health and environmental protections".

The long sought-after rule would deny the use of scientific studies for the basis of EPA regulations, if the raw, underlying data of such studies are not fully released. That means, for example, that private medical information of those who participated in various health studies under confidentiality agreements would have to have their names and medical records exposed, or the studies cannot be used as a basis for federal rule-making. Industry groups, of course, favor the new rule, which they and Trump's EPA are selling as "scientific transparency". Scientists and health care providers, however, are strongly opposed, charging, as Rosenberg does, that the scheme will undermine public health protections and "would put the entire enterprise of developing science-based public health safeguards at risk."

The policy, he explains, upends decades of well-established scientific norms, as well as federal rule-making procedures, and is precisely what the chemical and fossil fuel industries, in particular, have been pushing for for years.

"This isn't about transparency. This is about restricting the ability of the government to do the job that we want them to do --- that is, to protect public health and safety," Rosenberg tells me. "There's absolutely no scientific basis for doing this. One of the ways that you can tell that --- it's not just my word for it --- they put no justification in the rule. They didn't even identify what problem they're trying to solve. There's no analysis of what the impacts of putting this rule in place would do. There's not even an analysis of how much it would cost the agency. But, more importantly, [there's] absolutely not a single word on how it would impact the agency's ability to put public health protections in place. So there is no merit to this proposal at all."

Nonetheless, Rosenberg cautions, even if the public makes noise about this, given Wheeler simply ignoring the response to the Pruitt version of the same rule, it will likely be implemented. But, he notes, it will almost certainly be challenged in court, at which time public comments against the new rule will become very important. As Desi Doyen notes at the end of today's interview, some 200,000 Americans die each year prematurely due to pollution which will only be made worse under this new rule.

And, speaking of Desi, yup, finally, it's our 1000th Green News Report! In which we look both forward and back (to our first GNR in February of 2009), hear from a few old friends, and share what we believe is the funniest "snarky comment" in 1000 episodes over nearly 11 years of the GNR. All of it, by the way, made possible not by industry or political support, but by you, our listeners via BradBlog.com/Donate. Thank you!...

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