We remain on the precipice of a Constitutional Crisis on today's BradCast, as our Man Baby President has now begun defying court orders. Some reasonably argue we are there already, but we will truly be there when (and if, but mostly when) he defies an order from the corrupted U.S. Supreme Court. For now, he's testing the waters by defying lower court orders. For the most part, those courts are largely holding firm in defense of the Constitution and rule of law, as the Administration continues to lose in ruling after ruling. Sadly, that hasn't prevented people from dying thanks to our reckless, lawless President and his top fundraiser's wasteful, fraudulent, abusive and deadly closures of critical Executive Branch agencies. [Audio link to full show follows this summary.]

Among today's coverage...

• In a pathetic, early morning, MOSTLY ALL-CAPS social media rant today, Donald Trump demanded that a federal judge --- who reasonably ruled temporarily against his invocation of the Alien Enemies Act of 1798 to deport hundreds of Venezuelans --- be "IMPEACHED!!!". The law has only ever been used during wartime, as it mandates the detention, imprisonment or deportation of non-citizens in the U.S. only from a "foreign nation or government" that has "declared war" against us or that has "perpetrated, attempted, or threatened" "any invasion or predatory incursion." Venezuela has done none of those things. The ruling against Trump followed an unusual late-night, emergency hearing on Saturday. The judge ordered the Administration to pause deportation to an El Salvador prison of alleged Venezuelan gang-member migrants until Trump's use of the war-time law could be further adjudicated. U.S. District Judge James Boasberg ordered any U.S. migrant flights en route to El Salvador be returned the U.S. The Administration appears to have ignored the court order and has been stonewalling the judge's demand for information on when planes left and landed ever since. Thus Trump called for his "IMPEACHMENT!!!" winning an unusual, if very gentle, slap on the wrist from U.S. Supreme Court Chief Justice John Roberts in a rare public response today.

• Late last week, a federal judge in California ordered the reinstatement of thousands of federal workers at six different federal agencies, after finding that Elon Musk and his DOGE Bros unlawfully fired them without the legal authority to do so. An hour or two later, a federal judge in Maryland, in a separate lawsuit on a different legal basis, ordered that federal workers at 18 different agencies must be restored to their previous positions. The judge in CA has since made clear that rehiring the workers only to put them on immediate paid leave is also in violation of his order.

• In a major ruling today, a federal district court judge in Maryland ordered the U.S. Agency for International Development (USAID) --- which Trump, Musk and his DOGE Bro wrecking crew shut down almost entirely in the earliest days of his second term --- to be reopened. The judge ruled that Musk "likely violated the United States Constitution in multiple ways" in shuttering the critical international aid agency, which Musk described on his social media site ïn early February as having personally fed "into the wood chipper". USAID, among other critical work, supplies food to starving children and life-saving medicine to the sick around the globe. While Musk, the world's richest man, has claimed that "No one has died as a result" of his (unlawful, unconstitutional) closure of the agency, the New York Times' Nicholas Kristof, in a must-read, gut-wrenching report (gift link) traveled to South Sudan and elsewhere to find "that is not true", before going on to document how and where "the efforts by Musk and President Trump are already leading children to die". Unless aid is somehow quickly restored, Kristoff reports, those efforts are likely to kill millions in the coming months and years.

• The wasteful, fraudulent and abusive efforts by Trump, Musk and DOGE has not been entirely for naught, however. Turns out someone finally found a "dead" person receiving Social Security! Even if that person turned out to be very much alive and is now trying to get the funds that were suspended for some reason by the Social Security Administration in mid-February, turned back on. The DOGE dismantling of the SSA --- where field offices are being shuttered and 7,000 workers are scheduled to be laid off --- isn't helping.

• Finally, Desi Doyen joins us for our latest Green News Report, as deadly extreme storms killed more than 40 people in the U.S. over this past weekend; Trump's mass firings at NOAA are set to undermine accurate weather forecasting; and his Interior Dept. just cancelled the six-month old permits for construction of an off-shore wind-farm in New Jersey...

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We've got a few explainers on today's BradCast. But I thought you might find it useful to be armed with some facts, truth and understanding right about now. [Audio link to full show follows this summary.]

Among our explainer coverage today...

• Not long after we got off air today, Democratic Senate Minority Leader Chuck Schumer signaled he would allow Donald Trump and Congressional Republicans to adopt a bad six-month spending bill rather than fight them, because that fight would results in a government shutdown as of midnight on Friday. It's certainly a dilemma for the Dems, many of whom seemed to come around to the decision to fight rather than fold today. Even the nation's largest federal workers union --- whose members would arguably be first and most directly effected by a shutdown --- persuasively called on Dems to do just that, arguing: "With thousands of federal workers either fired, placed on administrative leave, or at immediate risk of losing their jobs, AFGE members have concluded that a widespread government shutdown has been underway since January 20 and will continue to spread whether senators vote yes or no on H.R. 1968." Schumer's announcement that he will vote with Republicans to end debate on the Continuing Resolution Friday, suggests the GOP is likely to get the support of at least eight Democrats Senators that will be needed to overcome a filibuster tomorrow. But, we'll see if a few more Dems find the spine to stand up against Trump and stand up for Americans before then.

• Speaking of AFGE, they and a few other unions won a big victory today. They had sued the federal government to restore the jobs of thousands of "probationary" federal workers unlawfully fired by the Trump Administration. Today, a federal judge ordered those workers, at the Departments of Veterans Affairs, Agriculture, Defense, Energy, Interior and Treasury to be rehired "immediately". U.S. District Judge William Alsup excoriated the Trump Justice Department's legal justification for the layoffs and their refusal to present evidence to support their case. "It is a sad day when our government would fire some good employee and say it was based on performance when they know good and well that’s a lie," railed Judge Alsup from the bench. "That should not have been done in our country. It was a sham in order to try to avoid statutory requirements."

• Yesterday, you may have seen headlines about Trump's EPA chief Lee Zeldin declaring a rollback of more than 30 important health, safety and environmental regulations. (Eg: "Trump takes an ax to more than a dozen pollution rules in rapid-fire deregulation".) In fact, none of those regulations have actually been rolled back. Yet. "Today I'm pleased to make the largest deregulatory announcement in U.S. history," the new EPA Administrator dramatically declared in a two-minute video filled with one lie after another, falsely describing "suffocating rules that restrict nearly every sector of our economy and cost Americans trillions of dollars." The video was released to accompany Zeldin's Wednesday essay in the Wall Street Journal offering more false and misleading details on those lies.

  Today, we step through the key lies, explain the truth about them, and what Zeldin's announcement really amounts to. No, there is no "EV mandate" and the U.S. is already "energy dominant" as it was when Trump took office after America long ago became the world's leading producer of oil, gas, coal and renewable energy under President Biden, who also adopted a number of landmark climate initiatives that increased manufacturing, boosted the economy, produced clean energy and made America safer for everyone.

  It will be a long and difficult path for Trump's EPA to overturn dozens of health and safety rules long in place, as well as the agency's landmark 2009 scientific "endangerment finding" on the adverse health effects of planet warming carbon pollution on which a number of those regulations, adopted under the Clean Air Act, are based.

  Bottom line: the Trump Administration plan, as detailed by Zeldin, will increase pollution, worsen the climate crisis, allow more deadly cancer-causing toxins into our air and water, and force Americans to pay the bill for all of it through what Desi Doyen describes as a "pollution tax". You may support Zeldin and Trump's scheme to do all of those things, but let's be clear about what their announcement yesterday is calling for.

  The fossil fuel industry --- already the most profitable industry in the history of civilization --- immediately declared their support for the effort. Few others have done so and many have vowed to challenge it in court. Now it's up to all of us to fight against these unpopular plans. Tune in today for more details that may help to give you the ammunition to do so.

• Finally, Desi Doyen has a bit more on the Trump EPA's vow to Make America Polluted Again, and much more in our latest Green News Report...

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As discussed with our two guests on today's BradCast, Trump's speech to Congress on Tuesday night was so long and boring it could still be going on today, for all I know. [Audio link to full show follows this summary.]

FIRST UP today, however, a few important news headlines...

• After enacting 25% trade tariffs against our two largest trading partners and allies, Canada and Mexico, on Tuesday --- and seeing the stock-market plummet in response --- Trump agreed on Wednesday to delay implementation of tariffs on automobile imports, which would have sent car prices skyrocketing in the U.S., for one month.

• The U.S. Supreme Court ruled narrowly against the Trump Administration in one of its first rulings regarding whether or not they will require the Administration to follow the rule of law or not. In a 5 to 4 emergency ruling, Chief Justice John Roberts and Justice Amy Coney Barrett joined with the Court's three Democratic appointees to uphold lower court rulings that order the Administration to unfreeze as much as $2 billion in payments to thousands of contractors for the U.S. Agency for International Development (USAID), in order to pay for work that has already been completed. Trump's January 20th Executive Order freezing both contracts and payments, signed on his first day in office, has already resulted in hundreds of layoffs by contractors, food for starving children left rotting in warehouses, and life-saving medicine going undelivered around the world.

• Newly-elected, 70-year old Democratic U.S. Rep. and former Houston Mayor Sylvester Turner of Texas died on Tuesday night following an unspecified medical emergency after attending Trump's address to Congress, where he used his platform to rally against planned Republican cuts to Medicaid. Turner's death, and the months it will take to hold a special election to fill his seat, will give House Republicans a bit more breathing room in what is still one of the slimmest House majorities in U.S. history.

THEN, it's on to the longest --- and arguably dullest and most falsehood-filled --- addresses to Congress ever delivered by a U.S. President. It wasn't officially a State of the Union Address, for reasons that aren't worth boring you with (if you watched the speech, you've been through enough already), but it had all the same trappings.

It was also the most vengeful and obnoxiously partisan address ever delivered to Congress by a U.S. President, as Trump repeatedly attacked his predecessor throughout, blaming him for things like the newly-rising cost of eggs, describing Joe Biden as "the worst President in American history" and Democrats as "radical left lunatics".

The evening also featured some Democrats trying whatever they could think of to push back against Trump's lawless wrecking ball of an Administration to date. Those efforts resulted in one member, Rep. Al Green of Texas, being removed by the House Sergeant-at-Arms at Speaker Mike Johnson's direction, and others walking out at various points throughout the seemingly endless remarks.

We're joined for insight on all of this today, as ever, by our very smart, old school blogger friends HEATHER DIGBY PARTON, the award-winning columnist at Salon and Digby's Hullabaloo blog, and the notorious 'DRIFTGLASS', longtime fellow blogger and broadcaster, as co-host of the weekly Professional Left Podcast.

The hour and 39-minute speech "was absolutely interminable," agrees Parton today, arguing that the "litany of atrocities" outlined by Trump as unparalleled achievements in his first six weeks in office, suggests he believes "he is no longer encumbered by the law, by the Constitution, by anything."

"Who is there left to be persuaded, cajoled, shocked, outraged?," Driftglass asks rhetorically. "The only thing that is going to shock the people in the middle is economic hardship. The recession that Trump is bringing down on their heads. Cutting off their services. Invading their Social Security. That might actually light a fire under them and get them moving."

But we will see. We discuss, among many other things...

• the effectiveness, or lack thereof, of attempts by elected Dems to push back against Trump, and the forced removal of spirited protester, Rep. Green, from the proceedings;
• Trump's vow to "get" Greenland from Denmark "one way or the other" and the beginning of the GOP's renewed, if ever-present, love for American imperialism;
• the hypocritical reaction to the speech by Congressional Republicans who, just one year ago, were clutching their pearls after what they described as "the most political, partisan speech ever delivered by a President in the hallowed House chamber" following President Biden's final SOTU.
• how Medicaid and even Social Security are now both "on the chopping block" for Trump and Congressional Republicans;
• and explanations from both Digby and Driftglass as to why Trump is violently dismantling the federal government with Elon Musk and his DOGE Bros, despite the unpopularity of those actions among the public.

That's just a taste. As ever, tune in for much more...

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Incredibly, many Trump-supporting MAGA dupes still believe any of this is being done in the name cutting government "waste, fraud and abuse" --- much less "efficiency" in the federal government. As discussed on today's BradCast, I guess there are still millions who won't give a damn about any of it unless --- more likely, until --- it effects them directly. And it will. [Audio link to full show follows below this summary.]

As David Dayen helpfully reported last month at The American Prospect, if you fired every single federal worker in existence --- all 2.3 million of them --- you'd save about $271 billion per year. While that may sound like a lot, it's just 4% of the annual budget. Of course, we'd lose much more in uncollected tax revenue, unprosecuted fraud in the private sector, lives lost, just to name a few big points. And, of course, Americans, such as Social Security recipients would lose a lot on a personal level when there was nobody left in government to send out their monthly checks.

But, as Republicans have been telling us (lying to us about) for decades now, the federal government has just become too bloated. It must be cut down to size, even if it's randomly done through mass firings at every federal agency, of anybody viewed as legally fireable (whether they are or aren't doesn't matter.) But here's another fun fact from Dayen: in 1960, amid the Golden Age of America's middle class, the federal government comprised 4.3% of all workers. Today, that number is just 1.4%.

Other than that, our government is huge, bloated and out of control! Who needs all that air traffic safety, security of nuclear weapons, food inspections, safe drinking water, disease tracking, cancer cures, law and order, disaster response, medical care, education, Social Security checks or life-saving weather reports and climate data? The federal government is just too "big". Let's gut it all! Legally or otherwise!

Much more on all of this --- and some of the heroes (even Trump-appointed ones!) trying to block and/or call attention to the worst of it --- on today's program, as culled from, among others, some of the following source material...

• AP: Delta jet flips upside down on a snowy Toronto runway and all 80 aboard survive
• Rolling Stone: FAA Employees Say Trump and Musk's Firings Are Dangerous
• AP: Trump fires FAA air traffic control staff, just weeks after DC crash
• NYT: Adams's Lead Prosecutor Quits Defiantly: 'It Was Never Going to Be Me'
• WaPo: Mass resignation marks a new kind of defiance in the second Trump era
• WaPo: High-ranking D.C. federal prosecutor resigns in protest
• WaPo: Musk's DOGE seeks access to personal taxpayer data, raising alarm at IRS
• WaPo: Top Social Security official exits after clash with Musk's DOGE over data
• NBC: Department of Homeland Security preparing to fire hundreds of senior leaders this week
• Bloomberg: US Health Department Layoffs Expand to Medicare, FDA
• NBC: CDC 'disease detectors' among hundreds fired as Trump administration ramps up agency cuts
• Politico: Mass firings continue across nation's health agencies
• Guardian: NOAA imposes limits on scientists, sparking concerns over global forecasts
• The Hill: EPA fires nearly 400 workers after OPM order
• The Hill: EPA puts employees who tackle pollution in overburdened communities on leave
• The Hill: National Science Foundation cuts 10 percent of staff
• Wired: National Science Foundation Fires 168 Workers as Federal Purge Continues
• AP: Trump's firing of 1,000 national park workers raises concerns about maintenance and operating hours
• SF Chronicle: Yosemite halts camping reservations, with no timetable for their return
• Fox 13 Utah: 'Crisis' at Zion as mandated job cuts hit popular national park
• Reuters: USDA probationary staff fired at three agencies, sources say
• NBC: USDA says it accidentally fired officials working on bird flu and is trying to rehire them
• The Oregonian: At least 600 workers to leave Bonneville Power Administration, spurring concerns about transmission grid
• CNN: Hundreds of FAA probationary workers fired by Trump administration, union says
• AP: Trump wants states to 'clean up forests' to stop wildfires but he cuts funds

Other than that, slow news day.

Also, on similar notes, we close today with Desi Doyen and our latest Green News Report, as the costs of our climate crisis continue to mount in from coast to coast in recent days; Trump's FEMA is already denying critical disaster aid; and the Administration is desperately trying to find fired Dept. of Energy workers after figuring out that they were the ones who safeguarded the nation's nuclear weapons stockpile...

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As usual these days on The BradCast, thanks largely to the planned chaos of our Felon-in-Chief, there's more going on than we can cover. We try to stay focused on the most important and/or least covered stories. But late this afternoon, thanks to some remarkable politically thuggery at Trump's fully weaponized DoJ, and some remarkable courage in response to it, we've got a humdinger of a story to cover as well, as it broke just before airtime today. [Audio link to full show follows below.]

Here are some of today's stories. (Though tune in for much more!)...

• A U.S. District judge in D.C. late last night, blocked the Trump Administration's termination of Hampton Dellinger, head of the U.S. Office of Special Counsel, which helps federal employees avoid violations of the Hatch Act, and helps ensure whistleblower protections for them. Judge Amy Berman Jackson described Hampton's removal as "plainly" in violation of the law.

• Following up on a story that broke at the end of yesterday's program, more details today on a rare victory for Donald Trump in court these days, after a federal judge dismissed a challenge by several federal labor unions to Trump/Musk's so-called "buyout" offer that was sent to some 2 million federal employees. The Judge ruled the unions didn't have the standing to sue. With that obstacle out of the way, for now, and some 75,000 workers reportedly accepting the offer (we'll see if they ever get paid or if the scheme is found to be unlawful through a separate suit), the Administration has reportedly begun mass firings of hundreds of thousands of federal workers.

• Republicans in the U.S. Senate confirmed health menace Robert F. Kennedy, Jr. as Secretary of Health and Human Services, giving the longtime anti-vax conspiracist, oversight of the Centers for Disease Control and Prevention (CDC), National Institutes of Health (NIH), the Food and Drug Administration (FDA) and the Centers for Medicare and Medicaid Services (CMS) among many others. All Dems voting against him. The only Republican to do so was Sen. Mitch McConnell, a polio victim as a child. That, as another "completely preventable" measles outbreak is now underway in west Texas, where all of the victims are said to be unvaccinated children. Kennedy's elevation as the nation's top health official also follows the head of Samoa's medical system charging that Kennedy lied during his Senate confirmation hearings regarding his involvement in a massive measles epidemic that killed 83 people on the island nation in 2019. Most of those killed were children under 5 years of age. All were unvaccinated for the most contagious infectious disease known to humans, one that is otherwise fully avoidable with the MMR vaccine, developed in 1971, which our new HHS Sec. has spent years advocating against.

• Then, the remarkable BREAKING NEWS out of New York and D.C. late this afternoon...

  Earlier this week, as we reported, Donald Trump ordered the DoJ to drop its felony indictment against NYC's Democrat-ish Mayor Eric Adams. He was charged last year with five criminal counts including bribery, fraud and soliciting illegal foreign campaign donations from Turkish interests. Most believe that prosecutors have him dead to rights, though he's pleaded not guilty, has refused to resign and is even running for reelection in November.

  He's also been buddying up to Trump since last year's election, and the 34-time convicted felon turned President has taken the unprecedented step of ordering his personal defense lawyer turned Acting Deputy Attorney General Emil Bove (pictured above right), to make the corruption charges against Adams go away, as the wildly unpopular Mayor has vowed to help Trump with his immigrant deportation efforts in NYC.

  But the Acting U.S. Attorney in charge of the very independent Southern District of New York (SDNY), Danielle Sassoon --- a Republican former clerk to the late, far-right Justice Antonin Scalia and a member of the far-right Federalist Society --- refused to drop the charges against Adams. In a remarkable 8-page letter [PDF] to Trump's new Attorney General, Pam Bondi, requesting a meeting with her, Sassoon accused Bove of acceding to a "quid pro quo," said she was "confident" that Adams was guilty as charged, and that prosecutors were also preparing to charge him with destroying evidence. She said would resign, rather than drop the charges against Adams if that's what DoJ was insisting upon.

  In accepting her resignation, Bove wrote in his own extraordinary, Orwellian, 8-page letter to Sassoon, charging that she was somehow violating her oath of office by "disobeying direct orders implementing the policy of a duly elected President." In fact, her oath is to defend the Constitution and rule of law, not one of fealty to a President. Bove further alleged that the courageous Sassoon was insisting on "pursuing a politically motivated prosecution" (the charges against the Democrat Adams were brought last year by a Democratic U.S. Attorney appointed by Joe Biden) and that her refusal to dismiss the criminal charges --- for Bove's clearly stated political purpose! --- was "a disservice to the nature of this work and the public's perception of our efforts." He also promised that the DoJ would now investigate her.

  But, that's not all. After that, the case moved to the DoJ's public corruption unit in D.C., where two five more top officials, "The acting chief, three deputy chiefs and a deputy assistant attorney general in the criminal division who oversaw the section" also refused to drop the charges against Adams, choosing to resign instead. Good for them as well!

  As of airtime, Adams remained indicted, six senior DoJ officials promoted by Trump have resigned in protest, and who knows where this all goes from here?!...

• Finally, Desi Doyen joins us for our latest Green News Report, as the impact of climate change is reshaping U.S. real estate markets (bigly!); the Trump Admin is failing to hire thousands of seasonal firefighters before fire season; and Trump is rolling back money-, water- and energy-saving appliance standards again. And receiving a ridiculous "tongue bath" in the bargain from one of his top, most sycophantic cheerleaders at Fox "News"...

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Today on The BradCast: Let the Constitutional Crises begin! As the Trump Administration attempts to Cancel Culture pretty much everything with a memo that orders nearly half of the total, already appropriated federal budget immediately (and unconstitutionally) put on ice! [Audio link to full show follows this summary.]

We might have seen it coming, as several of our other stories today might have augured. Among them...

• Late last week, while touring fallout from last year's climate change-fueled Hurricane Helene disaster in a Republican-leaning area of North Carolina, and the then-ongoing climate change-fueled Los Angeles Fires, Trump suggested he might shut down (privatize) FEMA entirely and called for Photo ID voting restrictions in California in exchange for federal disaster aid to victims who had lost everything. When asked if NC would also see conditions placed on their federal disaster aid, Trump's meandering non-answer (full of one fantastical lie after another) made clear that, no, only Democratic-leaning states would have to agree to change policies in exchange for much-needed federal disaster aid.

• Amusingly, Trump pretended on social media last night that he'd ordered the U.S. military into California "under Emergency Powers" to turn on the magical, non-existent water "spigot" somewhere in Northern California, which the state chooses to keep turned off in order to somehow cause devastating fires in Southern California. Now that might sound like a ridiculous lie and a completely delusional fantasy that makes no sense at all, but at her first White House press briefing, Trump's Press Secretary Karoline Leavitt confirmed today that "the water has been turned back on in California." (That's great news, because I live in Los Angeles, had to evacuate briefly a week or so ago due to the fires, and had no idea the water had been turned off all this time! (OMG... this is only Week 2?!?)

• Last week, in Week 1, and receiving a bit less coverage than so many of the other nightmares Trump set off with his flurry of Executive Orders, is the fact that the Administration abruptly ordered the National Institutes of Health (NIH) to suspend all research grants, programs, travel and even ongoing cancer treatment trials. The result of putting tens of billions of dollars of research and grants on ice has sent confusion, anxiety and chaos throughout the American health community at what experts describe as one of the worst possible times, amid a slew of quickly spreading winter viruses and the increasing risks of avian flu in the U.S.

• On Monday this week, U.S. public health officials at the Centers for Disease Control and Prevention (CDC) were ordered to cease all work with the World Health Organization (WHO) just one week after Trump signed an order declaring the U.S. was ending its cooperation with the worldwide organization. (Unclear he can legally do so, by the way. But he doesn't care.) His Executive Orders also froze spending on a decades old global AIDS program that has saved 25 million lives, but now will block HIV the distribution of medication to more than 20 million people, including drugs already obtained with U.S. funds and sitting on shelves at local clinics around the world.

• All of that might have been a signal for where all of this was going. According to a two-page memo from the acting Director of Trump's Office of Management and Budget (OMB) on Monday, the White House has now ordered a "temporary pause" on "all federal financial assistance" with the exception of Medicare and Social Security payments. The memo directs federal agencies to pause "all activities related to obligation or disbursement of all federal financial assistance," and any other programs that included "D.E.I., woke gender ideology and the Green New Deal" as of Tuesday (today!) at 5pm. That, even though there is no "Green New Deal." It never passed. (Shhh...don't tell them!)

  As the non-profit news site NOTUS explained, "the list of programs that could be touched by the order is vast: Medicaid, disaster relief, farm aid, student loan programs, Head Start, highway funds, nutrition assistance, rent assistance and dozens of other programs." Some 70 million low-income Americans alone, who are enrolled in Medicaid, could lose their access to health care. These are all funds already allocated by Congress and approved by previous Presidents including, in some cases, Trump himself.

  The impoundment of the funds --- said to amount to "more than $3 trillion," according to the memo, which is nearly half of the entire federal budget for fiscal year 2024 --- appears to be in strict violation of the federal Impoundment Control Act of 1974, enacted by Congress after Richard Nixon held back Congressionally-appropriated funding that he didn't like. According to the Constitution anyway (quaint!) Congress, not the President, controls the purse strings of the U.S. budget.

  As you may recall, attempting to withhold Congressionally-approved funding to Ukraine during his first term, unless they agreed to announce a fake investigation of the Biden Family, is what led to Trump's first impeachment. Ever since, Republicans have devised an argument that the Impoundment Control Act is actually unconstitutional. This is clearly their first volley in getting a ruling on that from their corrupted U.S. Supreme Court.

  Late on Tuesday, as Trump's deliberate chaos reigned shortly before the 5pm deadline to freeze the spending, a federal judge placed an administrative stay on the order, pending further arguments on Monday morning. She also made clear that the National Council of Nonprofits, the plaintiffs which sued earlier in the day, alleging the freeze would cause their members irreparable harm, must show evidence to support that argument on Monday or the judge would have no choice but to end her administrative stay and deny the requested temporary restraining order. And then... ???

• Finally, Desi Doyen is here with our latest Green News Report with more on Trump's attempt to weaponize FEMA, but also with some good news, for a change, for both Los Angeles and New York City!...

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The contrast and choice for American voters, as discussed on today's BradCast, couldn't be more stark, now less than a week before the most consequential Election Day in modern American history. [Audio link to full show follows this summary.]

Last night, in the nation's capitol, on the Ellipse in front of the White House, on the very same spot where, on January 6, 2021, the now convicted felon and former President of the United States urged his supporters to attack the U.S. Capitol in a desperate last gasp effort to steal the 2020 election, Vice President Kamala Harris delivered her "closing argument" to what her Campaign described as more than 75,000 supporters.

She summarized her many policy prescriptions to help boost young and struggling Americans and the middle class, underscored her calls to restore reproductive freedoms stolen from American women, accurately characterized her opponent as a threat to democracy itself, and promised to work to end the hateful divisiveness that he has turned into his singular political bludgeon.

Her remarks came just two days after Donald Trump offered his own "closing argument" in his old home town of New York City, before a packed house at Madison Square Garden, the site of a notorious 1939 American Nazi rally. The historic parallel was made impossible to ignore.

His six-hour raucous event was chock full of crude, racist and misogynistic attacks on his opponent, with mostly male speakers characterizing Harris as a prostitute, a "devil", and the "Antichrist," among other things. A comedian opened the affair by describing Puerto Rico as a "floating island of garbage", along with demeaning jokes about Black people, other Latinos, Palestinians and Jews. Trump, when he finally took the state, made no effort to disassociate himself from any of his fellow speakers who, by yesterday, he had characterized as taking part in a "love-fest".

These are the two major choices for President of the United States now before voters in a contest that pre-election polling averages, if you believe, describe as a virtual tie. "On November 5th," quips a popular social media post making the rounds in recent weeks, "it’ll be as if the whole world is waiting for the results of a biopsy to come back."

That is where we are. And that is why I needed to hear today, for the last time before Election Day, from our old and always very smart friends and fellow old-school bloggers, HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog and 'DRIFTGLASS, who writes at his eponymously-named blog and co-hosts the weekly Professional Left Podcast from his home in "Flyover Country, Illinois."

I've got much to ask them both about today, as we try to make sense of this moment before the storm likely to be unleashed --- no matter who is ultimately announced to be the winner --- as early as next Tuesday night. Though Driftglass sagely warns today: "This election is not going to be over once the votes are counted. This election will be over in January, when hopefully Madame President is sworn in."

Hailing from Abraham Lincoln's birthplace in Springfield, IL, Driftglass explains why Harris' remarks on Tuesday led him to recall the Gettysburg Address. "Nobody can be Lincoln," he acknowledges, before observing that while his most famous speech "didn't end the Civil War, it changed the terms under which the war was being fought." He details a number of parallels with Harris' speech at the Ellipse on Tuesday, including: "The opening was about honoring the people who had fallen defending liberty --- the bastards who charged the Capitol --- and how we have to reinvent the country, how we have to come together. I think it was a very deliberate choice of venue and style, drawing explicit connections between what has happened on this ground, and what we need to do next."

Parton, for her part, characterized Trump's "fascist" rally at MSG as a "a hate-fest, not a 'love-fest.' The fact that he even said that is hilarious. They made it clear what they were doing. They were trying to gather the faithful through hatred, bigotry, racism and homophobia. This is something they did on purpose. They want to reach their low-propensity voters --- the 'Bro Vote' --- who basically don't pay attention to politics."

"By having all these other people say all these awful, ugly things, Donald Trump gets a pass on that stuff," she explains. "This wasn't him saying this stuff, this was all the people he lined up at his rally. That has an effect."

But, she argues, and Driftglass concurs, he may have made a fatal error in a contest that is purportedly this close by allowing that racist attack on Puerto Rican voters, who number nearly half a million in the battleground state of Pennsylvania alone.

We've got much more than that, of course, to discuss with them today, including...

• Why this election is reportedly so close and if it really is that close.
• If so, where all of these Trump voters coming from, given the number of Republicans --- and female voters --- who have abandoned him in favor of Harris.
• How Trump "cracked the code", as well as the media, in how to run for President as a Republican.
• How Harris is being "held to impossibly high standards" while Trump is "being held to no standards at all."
• What Trump's "little secret" with GOP House Speaker Mike Johnson might be, and how easily Democrats are "panicked" by it.
• How Trump and Johnson promise to dismantle the Affordable Care Act (ObamaCare) if Republicans win the White House and Congress, even as some 50 million Americans --- including millions of Republican voters (who either don't notice or care?) --- now have health coverage thanks to that landmark legislation.
• And whether we are all victims right now of the greatest mass gaslighting in world history.

Before they go today, both Digby and Driftglass offer their own "closing argument" for our listeners who may still be either undecided, considering voting for Trump or a third-party candidate, or who may be thinking of not voting at all...

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We have, of course, Special Coverage on today's BradCast of Tuesday night's one and only Vice Presidential Debate, likely the last direct face-off between the two tickets before Election Day. [Audio link to full show follows below.]

It was somewhat disorienting to watch a Presidential ticket debate that didn't include name-calling, one-liner zingers and direct personal attacks. But with "Minnesota Nice" Democratic Governor Tim Walz taking on Ohio's Republican U.S. Senator J.D. Vance, who has an historically low favorability rating and a desperate need to improve his likeability among the electorate, perhaps we shouldn't be surprised that the debate ended up coming across more like an olde tyme, pre-Trump Era (even pre-Rove Era) 1990s Presidential debate.

But Vance's politeness was there only to try and mask his well-documented, far-right, autocratic MAGA policy preferences on everything from abortion to gun safety to climate change to health care to his running-mate Donald Trump's violent attacks on our democracy, leading to evasive answers to questions from both the CBS News moderators and Walz himself on whether he believed, for instance, that the 2020 election was stolen from Trump. "Tim, I'm focused on the future," Vance said, refusing to respond. "That is a damning non-answer," Walz replied, adding: "He lost the election. This is not a debate. It's not anything, anywhere other than in Donald Trump's world." It wouldn't be the only direct question that Vance deflected.

While a nervous Walz stumbled through some of the early moments of the debate, he regained his footing thereafter and displayed a command of facts, data and reality on a host of topics raised by the moderators. The Yale Law School trained Vance also proved to be a competent debater, deftly smoothing over his extremist, hard-right record and former persona as a Trump-opponent, while doing his best to focus his fire on Kamala Harris whenever possible...facts be damned.

We're joined today, as we frequently are on such occasions, by longtime friends and old school bloggers, HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of his eponymous blog and The Professional Left Podcast for some help in making sense of whatever played out in the New York City studios of CBS last night. (Reportedly it was in the same studio that Captain Kangaroo was taped. Make of that what you may.)

Both Parton and Driftglass agree that the two Vice Presidential candidates "accomplished what they set out to do" and, as Parton added, "as far as the niceness thing", that should be chalked up to the fact that "Donald Trump wasn't there being a jackass."

"Vance needed to soften all of the ridiculous extremist policies of himself and Donald Trump, and present himself as something other than a full-blown King Cobra, which I think he managed to do," she says, referencing her coverage of the debate at Salon today, in which she described Vance as possessing "all the charm and warmth of a King Cobra." On Tuesday night, she explains today, "he sounded semi-sane. I'm sure most people who haven't been following him probably thought, 'Oh, well, he's not that bad.'"

Both also agree that they would have have preferred to see a more aggressive Walz, even if that might not have been what the MN Guv needed to do to reach whichever undecided voters still exist out there. Instant polling of debate watchers released shortly afterward, gave Vance the slimmest of edges over Walz and a big bump in favorability for both candidates, even as Walz' favorability remains far higher than Vance's.

"Clearly they are executing a strategy," explains Driftglass. "I wanted to see [Walz] come out there with a sword in both hands and just scream, 'Liar!' for 90 minutes," when what he needs, "tactically, is to go out there and be the nicest guy you ever met. I think for the people he is striving to reach, it worked."

On the other hand, he continues, Vance's job was to "polish up the turd" that Trump put on the ticket "to make him look like a human being so that he can go out there and be the nice guy." The result, says Driftglass, "was a festival of whatabout-ism and lying."

We discuss much of the sane-washing, whatabout-ism, lies and damning non-answers to a host of topics raised during the 90-minute debate on Tuesday --- and Walz' responses to them --- in our very lively Special Coverage today...

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I'm not sure I've ever declared a "winner" or "loser" in any Presidential debate, after covering them here for twenty years. They generally just don't work like that. But, as discussed on today's BradCast special coverage of last night's showdown in Philadelphia, there was one clear winner and one very clear loser. [Audio link to full show follows this summary.]

Kamala Harris absolutely dominated her, perhaps one and only, face-off with Donald Trump from the moment she knocked him back on his heels by invading his space to reach out to shake his hand at the top, until she scraped up his lifeless husk of a soul off the debate stage at the very end.

Am I overstating the murder that some 67 million Americans witnessed with their own eyes during the ABC News debate on Tuesday night moderated by David Muir and Linsey Davis? CNN's post-debate flash poll of those who watched it said Harris outperformed him by 63% to 37%. Other snap polls found similar. We'll see what the broader polling finds in the coming days. And, of course, none of that ultimately means anything. Only votes do. But I can't think of anything that Harris could have done better, particularly given Trump's years-long record of surprise successes at these things. Finally, someone figured out how to get under his skin and stayed there for 90 minutes, as we all got to enjoy his, at times hilarious, meltdown in the bargain.

Our roundtablers today --- two of our favorite fellow old school bloggers, HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of his eponymous blog and the weekly Pro Left Podcast --- seemed to concur with the bulk of my assessment.

"This was a really great debate for those of us who care about the future of this country, because she absolutely decimated him. And it was beautiful," observed Digby. "All she was doing was telling him facts to his face, and calling him what no one in his circle will ever call him, which is a disgrace, a criminal, and creepy and old. He doesn't know how to deal with that."

"She rolled in there prepped to be a prosecutor of a person who is morally and legally unfit to hold any office in this country, and she prosecuted her case brilliantly," echoed Driftglass. She used "all the keywords that will trigger this lunatic into making dumb mistakes, because we know he can been provoked. Every time, he didn't just take the bait, he swallowed the hook."

I'd share more, but it might take some of the joy out of listening to today's special coverage. Among some of the many specific points we focused on:

• Was Trump catfished by Team Harris' "unsuccessful" pre-debate ploy to keep the microphones open all night?
• Does he actually even know how the Affordable Care Act (Obamacare) works?!
• Are undocumented immigrants in Ohio really eating American pets? (Someone said they were "on television" after all.)
• Are those immigrants getting government-funded sex change operations in prison?
• Does Donald Trump know anything about either fracking or solar energy?
• What does that "late great Hannibal Lecter" rally joke actually mean?
• Is Trump being catfished yet again by Team Harris' immediate post-debate call for a second debate?

All of that and much, much, MUCH more on today's BradCast...

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Yup. We're back! And we've got lots to begin getting caught up with on today's BradCast. [Audio link to full show follows below this summary.]

Among the many stories reported and discussed on today's program...

• Donald Trump's recent flip-flops on abortion, pandering on IVF and his desecration of Arlington Cemetery for political purposes. (By the way, Dems should embrace Trump's pandering promise to have the Government pay for anyone's fertility treatments. It's the GOP's first baby step toward universal healthcare/Medicare-for-All after all! Sounds great! Hold them to it!)

• More than 10,000 hotel workers celebrated Labor Day by going on strike for better wages and working conditions across the U.S. Kamala Harris and Joe Biden campaigned together, speaking to a packed house of union workers in Pittsburgh on Labor Day, touting the most pro-union, jobs-creating Admin in history and promised to continue it under a Harris-Walz Administration. Trump, apparently unable to find any union workers who wanted to hear from him, stayed home yesterday.

• More than a hundred thousand demonstrators took to the streets in Israel to protest against their far-right Benjamin Netanyahu-led government, demanding a deal for a cease-fire and the release of hostages in Gaza, after six of them were found dead in a tunnel beneath Rafah on Sunday. Twenty-three year old Israeli-American hostage Hersh Goldberg-Polin was among those found dead, just days after his parents spoke at the Democratic National Convention in Chicago, calling for a cease-fire and the release of more than 100 hostages who remain in Hamas custody following their horrific attack on Israel last October. As we have been arguing for months, however --- and as Israeli protesters are noted as mentioning in this Guardian piece --- Prime Minister Netanyahu is unlikely to ever agree to a deal that would effectively end Israel's war on Gaza, because it would also result in the end of his governing coalition. After that, he will have to face corruption charges filed against him from which he is currently immune...as long as he remains Prime Minister. If all of that sounds like a deal that Donald Trump hopes to win for himself in November, you are right. Tune in for much more on all of this today.

• Meanwhile, on Tuesday, Russia launched another deadly, long-range missile assault on Ukraine, this time on a military academy and nearby hospital. More than 50 were killed, more than 200 wounded. That as Ukraine has finally taken possession of land inside Russia's Kursk region, including some 500 square miles along the Ukrainian border, and continues to plead with the U.S. and Europe to send weapons to help them defend themselves against the two-and-half-year onslaught by its imperialistic Russian neighbor.

• Massachusetts is holding its Congressional and state legislative primaries today, just days after its Secretary of the Commonwealth William Galvin warned residents in the state about scam text messages being sent to some voters, falsely telling them that they are ineligible to vote. It is just one of the many dirty tricks we will be seeing between now and Election Day, the period of time that I am calling PHASE 1 of this year's general elections.

• And, speaking of, Labor Day is a good moment to mark where things are in the horse race toward Election Day, following the unprecedented plot-twist of the last 6 weeks following Kamala Harris taking over at the top of the ticket. She has surged in the polling averages against Donald Trump --- particularly in the seven critical battleground states --- since then. But, she remains just barely ahead of Trump in the states she most needs to win. Her slim lead nationally and in the most critical battleground states she would need to get to 270 electoral votes, in a system that advantages Republicans, has resulted in, as Politico colorfully describes it today, "the equivalent of a knife fight in a phone booth."

• Finally, Desi Doyen joins us today to begin catching up on much that we missed in climate and environmental news after being off just one week, including the role of climate action in the 2024 contest; new data on deadly extreme heat in the U.S.; China meeting its renewable electricity targets six years early; and the Klamath River, now finally running free again along the California/Oregon border after being dammed up for more than 100 years!...

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It's become very clear of late, as discussed on today's BradCast, that, whether the corporate media or rightwingers like to admit it or not, it is now progressive political policies that are popular among Americans. [Audio link to full show follows this summary.]

With progressive policies in place from the Biden-Harris Administration, for example, the U.S. economy continues to be the envy of the industrialized world. New, falling unemployment numbers and growing retail sales announced on Thursday, combined with recent data finding the annualized inflation rate has now fallen below 3%, sent the stock market soaring again on Thursday. Well, except for Donald Trump's failing media company (DJT), which fell to its lowest price since going public in January. Since then, the loser stock has shed more than 50% of its market value and a full two-thirds since its high-water mark in March. (We tried to warn MAGA investors. Oh, well.)

Just one of the progressive economic policies of this Administration is the landmark Inflation Reduction Act, signed by President Biden in 2022 after being adopted by Democrats in Congress without a single Republican vote. Among many other things, the IRA allows Medicare, for the first time in history, to negotiate drug prices with pharmaceutical companies. On Thursday, the Biden-Administration announced they have completed their first round of price negotiations on ten popular drugs which will save tax payers at least $6 billion a year and $1.5 billion in out-of-pocket costs to beneficiaries.

"Under the law I signed," Biden explained today in Maryland at a rally with Vice President Kamala Harris, "Medicare can negotiate lower prices for another 15 drugs next year, 15 the following, and 20 after that until every drug is covered. That's the law. Now!" As the non-partisan Congressional Budget Office determined before passage of the bill in 2022, the measure will save the federal government nearly $100 billion over a decade --- something that Republicans used to pretend to care about, at least until every single one of them voted against it.

That's just one example of popular progressive policies at work, of course. Harris' running-mate, Gov. Tim Walz, has signed a boatload of them into law in Minnesota, including the protecting abortion rights; legalizing recreational marijuana; implementing popular gun safety reforms; providing legal refuge for trans youths; enacting laws that expand paid family and medical leave; banning noncompete agreements; providing universal public school meals; free public college education for households with income less than $80,000/year; and capping the price of insulin in Minnesota (years before Biden was able to do so nationally.)

That alone is a virtual laundry list of both top progressive aims and popular policies that could be implemented at a national level. So, will a Harris-Walz administration be able to move such policies forward if elected in November? And what else do progressive activists hope to see from a new, Democratic administration?

We're joined today by ALAN MINSKY, Executive Director at Progressive Democrats of America, in advance of the group's 20th Anniversary Progressive Central gathering in Chicago this week ahead of the Democratic National Convention. Sen. Bernie Sanders will be keynoting the two-day gathering, co-hosted by a number of other progressive organizations and publications, with a speakers list featuring a huge list of progressive members of Congress, activists, and journalists.

So, how do progressives feel heading into next week's DNC after nearly four years of the most progressive Presidential administration in decades; an historic, month-long political whirlwind; and a brutal year of protests against Israel's horrific response in Gaza to last year's attack in Israel by Hamas? Minsky and I discuss the "turbulence" and "high stakes" of the moment, and the revelation, for much of the nation, that progressive policies are the popular ones.

"Progressive policies directly address the interests of the average household," Minksy explains, citing "four massive ticket items that just block people from achieving the American dream" so they "don't have to work three jobs to make ends meet."

Those four blocks, he explains, start with childcare. "It's almost prohibitively expensive to have a child in this society". And then the cost of higher education. "You get out with a degree, and you face housing costs, either rents or mortgages, both prohibitive for building anything like the kind of financial security that you want to have. And then, finally, of course, healthcare costs overwhelmingly shredding the finances of people and families late in life."

"Again, only progressives on all four fronts have clear policy solutions to each of those prohibitive costs that American families meet," he tells me, adding, "And these are practiced around the world in other countries, available for us to pursue. They're not radical ideas. They're commonsense ideas."

"The other thing progressive are willing to address that the other groups are not, because they just accept that it's there, part of the wallpaper of American society, and that's the clear spaces in our society where there is deep, endemic poverty. The urban core, small town and rural America, deep poverty in indigenous communities, and still in the Southeast --- the former Confederate states --- most of that region is still tremendously poor. Only progressives address this."

There is more, much more to chew on in our conversation, including the way disparate elements of the left can come together to achieve solutions to these issues, and how to "persuade a Harris-Walz Administration and their economic advisors that the way forward is to go further on those four big ticket items."

"Only the United States has a latent group of about 100 million people who can be lifted up, by very well understood mechanisms, into the middle class," observes Minsky. "When that happens, that is an economic boom."

As to the vibes on the ground in Chicago, where some progressive organizations are planning to protest the Biden-Harris position on Israel? "Free speech society, open society, that's where I want to live," says Minksy, before adding, in reference to the violence at protests at the DNC in the Windy City almost 60 years ago: "Chicago doesn't feel like it's 1968. It just doesn't. There will be notable actions. But, as much passion as there is out there, I don't think it's quite broadly at the level of what was going on in the country during the Vietnam War in 1968." We'll see if he turns out to be right about that.

Finally, Desi Doyen joins us for our latest Green News Report, as another storm, Hurricane Ernesto, spins up virtually overnight in record warm Atlantic waters and the U.S. Forest Service finally tells the freeloading Arrowhead Springs bottled water company to get lost and stop its near-century long theft of California's water for profit...

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It's our last BradCast before time off for travel over the holiday next week. Unlike years past, it looks like SCOTUS will be late in releasing all of their opinions for this term before its normal end this week, so we won't be here to comment immediately on some of the biggest decisions (or on tonight's Presidential Debate) until after our return. But we've got plenty to cover from the corrupted rightwing Court already this week, including with a guest today who suggests the analysis by many legal experts on yesterday's ruling striking down yet another part of federal public corruption law has been somewhat misleading. [Audio link to full show follows this summary.]

Among the big SCOTUS decisions still to come, is a case regarding the "Chevron Doctrine" which, for decades, has given legal deference to federal agency experts over judges or corporate challengers, when it comes to the interpretation of federal laws through rules and regulations promulgated by those federal agencies. That could all be about to change, with enormous consequences first for the EPA, but also across the entirety of the federal government --- or, the so-called "Administrative State" as rightwingers have taken to deriding it. We explain the doctrine and some remarkable ironies behind the Court's upcoming ruling, whatever it may be, today.

But the corrupted, stolen and packed rightwing Supreme Court did manage to issue several rulings today. Among them....

• The Court rejected a multi-billion dollar nationwide opioid settlement with OxyContin maker Purdue Pharma and its owners, the Sackler family.
• In a clear win for corporate interests, they gutted the SEC's ability to carry out in-house proceedings on civil fraud complaints, requiring federal jury trials instead in an opinion likely to have far-reaching effects on other regulatory agencies as well.
• SCOTUS also kicked a Presidential election year hot potato down the road for another day by allowing Idaho hospitals, for now, to perform emergency abortions under federal law, even though the procedure is barred under state law.
• And, as we also discuss with Desi, the High Court blocked, for now, to the EPA's "Good Neighbor" rule which limited air pollution from power plants and other facilities that pollute downwind states. While the regulation has already substantially lowered pollution --- and saved lives --- in the states where it is in place, the Court prevented the EPA from enforcing it until after lower court challenges by largely Republican-controlled states and several industries are completed.

NEXT... On yesterday's show we critically covered the Wednesday SCOTUS ruling in Snyder v. U.S. [PDF], an opinion which overturned the conviction and 21-month prison sentence of an Indiana Mayor who received a $13,000 check from a company just two weeks after his city had granted them a contract worth more than a million dollars. The Court's rightwingers determined that the federal statute in question only applies to out-and-out bribery cases, where a quid pro quo was agreed upon before a public action. After-the-fact "gratuities", the Court's six Republican-appointees ruled, are apparently just fine. Or, at least, not unlawful under their reading of the federal statute in question.

While many legal analysts and experts have derided the ruling since it was issued on Wednesday, our guest today, RANDALL D. ELIASON, former chief of the Fraud and Public Corruption Section at the U.S. Attorney's Office in D.C., now a white-collar criminal law professor at George Washington University Law School, had a different take that he posted to Twitter yesterday: "I have no problem with the Snyder decision, that 18 USC §666 covers only bribes and not gratuities. I think that makes sense."

Really? Why? Today Eliason joins us to explain why the law --- which, as Justice Ketanji Brown Jackson notes in her dissent with the Court's other liberals, "imposes federal criminal penalties on agents of those entities who 'corruptly' solicit, accept, or agree to accept payments 'intending to be influenced or rewarded'" --- can arguably be interpreted as applying onlyto before-the-fact bribes, as opposed to after-the-fact "gratuities", as they are described by the Court's majority.

"I'm not happy about the outcome," Eliason concedes today. "You're right that there's been a pattern of decisions over the last more than a decade narrowing public corruption laws, and I've been critical of a lot of them. And I've been on your program being critical of a number of them in the past."

"So I'm not happy about the outcome. But I don't think the majority is being unreasonable in this particular decision. Because what this decision is about is not whether the conduct of the Mayor is a good thing, or whether it should be prohibited. It's just about the language in this particular criminal statute that Congress drafted. And it's really a badly drafted statute. It's poorly written. It's confusing. And even though the lower court in this case had upheld his conviction, several other federal courts of appeals had said the same thing, that this law does not apply to gratuities, and agreed with Snyder."

He explains that there is "a real legal distinction between a bribery and a gratuity", and that other federal statutes prohibit them both. But in this case, §666 is less than perfectly clear. And, when there is a "tie" in legal interpretation, the tie is supposed to go to the defendant who, the Court noted, can still be held accountable for accepting a gratuity under state and local laws.

"You see a lot of headlines in the wake of this decision: 'Supreme Court says bribery is okay.' No, the whole point was it wasn't bribery. It was a gratuity, which is something far less serious. And the issue was does this particular statute cover this kind of gratuity? The answer is no. I think, based on the way that statute is written, it's a reasonable outcome."

While I'm not sure I fully agree --- and even he notes that Justice Jackson makes several good arguments in her dissent --- Eliason's expertise and insight into the laws in question shed welcome light on this otherwise seemingly corrupt ruling.

On a related note, we also discuss how all of this might apply to the arguable millions of dollars in "gratuities" that members of SCOTUS, like Clarence Thomas, have accepted over the years and whether that might play into the Court majority's opinion. And how Congress, had they not become completely dysfunctional in recent years, could easily clarify this issue through simple legislation.

On one other matter before we finish our conversation with Eliason today, he offers his thoughts on SCOTUS' upcoming Fischer decision regarding whether the statute used to charge hundreds of January 6 defendants --- including Donald Trump --- with "obstruction of an official proceeding" may be struck down by the Court. Eliason is "pessimistic" about what is likely to happen, though believes that even if the Court strikes it down for use against many of those charged for the J6 insurrection, that "there's a good chance that the charges against Trump would still survive."

FINALLY... Before we disappear for the next week, Desi Doyen joins us for our latest 'Green News Report', with more thoughts on the imperiled Chevron Deference Doctrine; Climate disaster upon climate disaster this week for a New Mexico town; and some very good news indeed for President Biden's job-creating climate law...

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Given the rarity of the event, and what it said to portend, we're taking a few lessons, and warnings, from Lakota legend on today's BradCast. [Audio link to full show follows this summary.]

Last week, it was reported that a white buffalo calf was discovered to have been born among thousands of brown bison in Yellowstone National Park. That is never before known to have happened. And though no one is able to explain exactly how it did --- the calf is white, with a black nose, eyes and hooves, as opposed to albino, in which case the eyes would be pink --- its birth, in native American lore, is said to be akin to the second coming of Christ, according to Chief Arvol Looking Horse, the spiritual leader of the Lakota, Dakota and the Nakota Oyate in South Dakota. He is also the 19th keeper of the sacred White Buffalo Calf Woman Pipe and Bundle. (All explained, as well as we can, on today's show.)

The birth of the rare white buffalo, according to Lakota prophecy, portends better times. That's the good news. It also is said to serve as a warning that more must be done to protect the earth and its inhabitants. We take both that encouraging news and its accompany warning to heart on today's program.

To that end, a few of the stories/warnings we cover on today's show...

• A new study finds nearly 2,000 children under five are now dying every day from air pollution. Yes, you read that correctly! That, and a number of other alarming new studies we've reported on in recent weeks --- such as the 50,000 Californians killed by chronic exposure to wildfire smoke from 2008 to 2018, and the $250 billion in climate and health benefits thanks to wind and solar over four years amid Joe Biden's renewable energy boom --- underscore the critical, life and death stakes of this year's Presidential election.

• If all of that isn't warning enough, perhaps the oppressive heat wave across much of the nation today --- and for at least the next week --- may help Americans appreciate the importance of this coming election, as Donald Trump has vowed to his fossil fuel industry donors that he will reverse all of President Biden's unprecedented, landmark climate achievements.

• Some good polling news today --- from Fox "News"(!) --- for Joe Biden, following Trump's 34 felony convictions last month in New York related to his rigging of the 2016 election with hush-money payments to a porn star. In short, Biden now narrowly leads Trump in a head-to-head contest, according to Fox' latest national survey, by 2 points, 50% to 48%. There are a whole lot of caveats on this, but the more noteworthy news is that the new numbers represent a 3-point swing in Biden's direction since Fox' last national survey in May, and a 7-point swing since March. There is other news of note from this poll, including that Biden also now tops Trump when polling is expanded to include Robert F. Kennedy Jr., Jill Stein and Cornel West, who will be on the Presidential ballot in a number of states as well this November.

• The stock price for former President's latest grift is tanking again. Bigly. The company known as Trump Media and Technology Group, which has just one wildly money-losing venture (his failing Truth Social site) has tanked in market value an astonishing 50% since his felony convictions last month. On Thursday alone the stock price, which trades as "DJT", plummeted by more than 14.5%, after skidding by about 35% over the past week. A lot of MAGA dupes dumb enough to invest in this loser have lost a whole lotta money this month.

• Next Thursday's first 2024 President Debate is now set, according to CNN. It will be a two-man affair between Trump and Biden only, with RFK, Jr. (and the others) failing to meet the polling and ballot criteria set by CNN. The debate will be 90 minutes long, will have no studio audience, and the participants microphones will be turned off when it is not their turn to speak. It will be moderated by CNN's Jake Tapper and Dana Bash...and we wish them well.

• Finally, as record wildfires, heat waves and the first named storm of this year's hurricane season explode across the nation (and world), Desi Doyen is here with our latest Green News Report. On all of that, and the even more devastating impacts of our quickly worsening climate crisis...

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We've got quite a few good news items amidst all the madness on today's BradCast. You may enjoy a few hits of dopamine along the way. Your welcome. Please listen responsibly. [Audio link to full show follows this summary.]

Among our stories today...

• Just to help kick things off...American University distinguished professor Allan Licthman has a "13 keys to the White House" method for predicting who will win any Presidential election. His method has accurately called the winners in 9 of the past 10 elections. (In fact, he was arguably right in 10 out of 10!) We discuss his method and, though he's not yet made his "official" prediction this year, who he believes currently has the upper hand in 2024.

• Donald Trump was found in criminal contempt of court in his New York trial related to his 2016 election interference via hush-money felony charges. Justice Juan Merchan found [PDF] Trump violated his gag order barring attacks on jurors and witnesses via social media and elsewhere in nine different instances. The judge made clear that incarceration is pretty much the only option left by state law if Trump commits new violations. Veteran federal prosecutor Glenn Kirschner suggests today's ruling may make things "significantly worse" for the disgraced former President, as the bail conditions in all four of his criminal indictments in four different jurisdictions bar him from committing new crimes. We also get you quickly up to speed on some of the Prosecution's new witnesses on the stand in the actual trial on Tuesday.

• United Auto Workers' chief Shawn Fain is on a roll. Just over a week ago workers at the Volkswagen plant in Chattanooga voted by a 3 to 1 margin to unionize on the heels of the UAW's huge victories last year in their strike against Detroit's Big Three automakers. The victory by workers at the Tennessee plant was the first of its kind in the South. And then, late last week, the union struck a last minute deal for a new contract with Daimler Truck in North Carolina, bringing big pay raises and major benefit increases to workers at four of the company's plants in the state.

• As we reported previously, 18 Trump allies in Arizona last week were criminally indicted on nine charges each of conspiracy, fraud and forgery related to their failed attempt to steal the 2020 election for Trump in the state via a Fake Electors plot. Over the weekend, state Sen. Jake Hoffman, one of two sitting state Senators indicted as a Fake Elector, was chosen, just days later, by the Republican National Committee to be an official National Committeeman in the 2024 election. Apparently criminal indictments for election fraud are now being rewarded by today's GOP.

• The full 4th U.S. Court of Appeals on Monday ruled that West Virginia and North Carolina's decision to refuse health care for transgender people under government-sponsored insurance is discriminatory and a violation of federal law. NC blocked gender-affirming care for state employees and WV Medicaid blocked coverage for gender-affirming surgery. The plaintiffs won in an 8 to 6 ruling at the appeals court, though the thoroughly corrupted and illegitimate U.S. Supreme Court Republican majority will almost certainly have the final say in the matter.

• The U.S. Drug Enforcement Administration will finally remove marijuana as a Schedule III narcotic, according to a report by AP today. It will no longer be treated similar to heroin and cocaine, as the Biden Administration plans to finally reclassify the popular plant as Schedule I after 50 years, now that some 38 states have already legalized cannabis for medicinal and/or recreational use. President Biden previously pardoned thousands of Americans charged with simple possession under federal law and urged states to do the same. Democrats in Congress, in the meantime, are pushing the DEA and Attorney General to drop it from the list of controlled-substances entirely to treat it more like alcohol.

• The news above is one of a spate of newly or soon-to-be finalized regulations from a bunch of Biden Administration Executive Agencies. You may (or may not) have heard news of late about a cascade of new rules issued by the Administration on everything from Student Loan forgiveness to dozens of new environmental and climate-related regulations. There is a reason they are all happening right about now, and it has to do with the Congressional Review Act, which we explain in detail on today's program.

• Finally, Desi Doyen joins us for our 1,400th Green News Report! And yes, along with troubling news for Africa and the U.S. Gulf Coast, she's got some historic news of landmark new regulations from the EPA to curb pollution from U.S. power plants. And, yes, that too should be in time to beat GOP abuse of the Congressional Review Act as cited above...

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And we thought the real news sites were bad enough. Now, as discussed on today's BradCast, fake ones, aided by Artificial Intelligence and funded by shadowy rightwingers to surreptitiously promote candidates and rightwing propaganda, are springing to life across the country in advance of this year's critical election. Ain't that all that we need? [Audio link to full show follows this summary.]

But first up, a few news headlines of note today...

The Trump Organization's long-time Chief Financial Officer, Allen Weisselberg returned to Rikers Island today after serving a 100 day sentence just last year on tax fraud charges related to unreported perks he received over many years from the company. Today, the 76-year old Weisselberg was sentenced to five more months in the pen after pleading guilty to perjury for lying to state prosecutors in testimony and on the witness stand in Donald Trump's recent $454 million civil fraud trial about the size of the disgraced former President's New York apartment. The lie inflated the value of the Trump Tower penthouse on financial statements by some $200 million.

And, in Arizona, the state's all-Republican Supreme Court unleashed havoc on Tuesday --- for both abortion supporters and opponents alike --- when it reinstated a 160-year old near-total abortion ban originally adopted in 1864, before Arizona was a state or women had the right to vote. Many state Republicans, like U.S. Senate candidate Kari Lake, are now in full panic mode on the heels of the Court approving the law she previously claimed to support. Now, for some reason, she doesn't, as revealed in an incoherent (and hilarious) statement demanding that AZ's Democratic Governor somehow roll it all back, even while Lake also still claims to oppose abortion.

For his part on Wednesday, Donald Trump, who on Monday bragged yet again about his role in overturning Roe v. Wade, both claimed that the abortion issue was now settled to everyone's satisfaction as a states' rights matter, while calling out the AZ Supreme Court for "going too far" in reinstating the 1864 ban on all abortions in the state, with an exception only for saving the life of mother. He insists that the GOP-controlled (for now) state legislature will repeal the ban. But Republicans leaders in both the state House and Senate on Wednesday insisted otherwise, thwarting attempts by Democrats to repeal the antiquated law.

It is all as mad as it sounds. But, despite the havoc this is causing for women and doctors in the state, all of it may turn out to be very good news for Democrats in the battleground state this November. Arizona, and other states, will see ballot initiatives to protect reproductive rights. That is likely to have a remarkable effect on turnout by angry voters.

Of course, that also depends on an educated --- not disinformed --- electorate. And, right now, as the Financial Times recently reported, there is a well-funded scheme underway by rightwing billionaire activists, the Republican Party and fossil fuel interests, among others, to confuse as many people as possible about real news by using real looking "pink slime" websites that push political propaganda while masquerading as legitimate local news sites.

According to media watchdog NewsGuard, as of April 1, there were as many fake "pink slime" websites operating in the U.S., pretending to be real local news outlets, as there were actual, real, local news sites!

We're joined today by ALEX MAHADEVAN, Director at the non-profit Poynter Institute's MediaWise project, which seeks to "empower diverse communities with the skills to identify misinformation."

"The word 'pink slime' encompasses a lot of different types of these algorithmically-generated or poorly reported news websites," Mahadevan tells me. "To me, the 'pink slime' news websites that worry me the most are the ones that aren't necessarily fake news, but have a lot of real news in it. Most of it has been scraped by algorithms from press releases, but then within some of those articles are very biased, misleading articles that favor one candidate or another candidate."

The websites have names like "Chicago City Wire", a cite which doesn't disclose its funding or political purpose other than to say, "Funding for this news site is provided, in part, by advocacy groups who share our beliefs in limited government." At least if you bother to dig deep enough on the site to find that statement.

One of the largest networks of "pink slime" sites is run by an outfit named Metric Media, which claims to feature about 1,000 "local" sites, most of which, according to FT, "do not disclose any political funding or partisan stance, saying that they provide 'data-driven information without political bias.'" Metric Media is reportedly run by a web of shell companies, non-profits and corporate entities linked to three men, "conservative businessman and publisher Brian Timpone, Texas oil billionaire Tim Dunn, and Republican Party adviser Bradley Cameron."

Creation of these sites, according to researchers, is now easier than ever thanks to Artificial Intelligence apps, and comes at a time when social media outlets have cut back on their moderation teams that might otherwise prevent links to such propaganda outlets from proliferating. Instead, the "pink slime" sites are spending millions to advertise on those same social media sites like Facebook, Twitter/X and Instagram.

Mahadevan explains how he was able, in February of last year, to use the free version of the AI app, Chat-GPT, to create such a fake cite. "In about a half hour I was able to generate fake news articles, along with fake news reporters, fake editors, and fake publishers --- along with their headshots --- and create the code and launch a fake news website completely out of thin air. To me, that was really frightening."

All of it, in fact, is frightening --- not only the fake news that is taking the place of real local news reporting, but the loss of those critical local outlets in the first place and what happens to "the soul of these communities when we lose local news outlets," laments Mahadevan, who goes on to warn that all of this is "terrible for democracy."

So what, if anything can be done about it? We discuss that as well on today's somewhat disturbing, if hopefully eye-opening, BradCast...

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