We've got a bit more religion-related news than usual on today's BradCast. But it's not to celebrate the new Papal Conclave underway as of today at the Vatican. It's because rightwingers in the U.S. are using phony claims of "religious bias" to rewrite Constitutional rights, freedoms, and the specific intentions of the Framers who wrote it. [Audio link to full story follows this summary.]

First up, before we get to our guest, some quick news, including some election news...

• After six months of trying to undermine democracy and invalidate tens of thousands of lawfully cast votes in North Carolina from last November's election, Republican Judge Jefferson Griffin has finally conceded, giving up his post-election challenge against Democratic incumbent Justice Allison Riggs who defeated him in last year's election for state Supreme Court by 734 votes. Just two days after a Trump-appointed federal judge declared Griffin's challenge --- attempting to change the rules of an election after the election --- to be unconstitutional, while giving him seven days to decide if he wanted to appeal, Griffin gave up the ghost. We've been covering the contest over the past six months and revisited its ugly details on yesterday's BradCast on the heels of Monday's federal court ruling. It took a while --- and revealed a lot of villains in the Republican Party and on the NC Supreme Court --- but Democracy has won this round, at least, in the last unsettled race of 2024.

• Speaking of Republican losers, despite an endorsement from the Vice President of the United States, J.D. Vance's half-brother, Republican Cory Bowman, was trounced on Tuesday by Aftab Pureval, the incumbent Democratic Mayor of Cincinnati in the city's mayoral primary. Pureval defeated Bowman by nearly 70 points (82.5% to 12.9%) in the three way race. As the top two vote-getters, however, both will go on to compete head-to-head in November's general election. Cincinnati hasn't elected a Republican Mayor since 1967 and they don't seem ready to do so again any time soon.

• On Tuesday, the U.S. Supreme Court let its cruelty and corruption shine once again, by barring trans service members from serving in the military even while challenges are still underway in lower courts, despite many of those members serving openly and with distinction for years. That the Trump-packed SCOTUS would go along with his cruel mandate is not all that surprising. But the fact that they did so on an "emergency" basis, on the so-called "shadow docket", without explanation or briefing or oral argument, even as trans service members had been suing --- and winning --- at the lower court level, is particularly galling and cowardly. All three of the Court's liberal Justices dissented.

But, speaking of galling news from the High Court, last week, SCOTUS heard oral argument last week in Oklahoma Statewide Charter School Board v. Drummond, a case engineered by rightwingers to challenge --- really, to tear down --- the Constitution's First Amendment establishment clause meant to protect the separation of church and state.

The case involves a wannabe remote charter public school called St. Isidore of Seville Catholic Virtual School. It would be run by the Archdiocese of Oklahoma City in "deep red" Oklahoma. The state's Charter School Board narrowly approved its application for public funding, despite its plans for "the evangelizing mission of the Church," including "that God created persons male and female" and that those who reject the Holy Trinity will "end up in hell". That approval would mean that, as a certified public school, it would receive taxpayer dollars in support of that "mission" whether taxpayers agreed with it or not.

While the state's Republican Governor and Superintendent of Public Schools support the idea of publicly funding religious charter schools, both the state's Republican Attorney General and its Republican-majority Supreme Court decidedly do not. The state Supremes blocked St. Isidore's charter, citing both the First Amendment of the Constitution and state law which prohibits the expenditure of public money on any "sectarian institution" and requires that public schools be "free from sectarian control."

That, in a state which has, in recent years, reduced some K-12 schools to just four days a week for lack of public money in the wake of GOP tax cuts. If SCOTUS reverses the state Supreme Court, as appeared likely during last week's oral argument, money from secular public schools will be diverted to religious education. In fact, as my guest explains today, states across the nation are likely to be mandated to approve and pay for such religious institutions --- even schools indoctrinating children into religions that today's proponents of St. Isidore may not wish to see funded by taxpayer dollars.

We're joined today by DANIEL MACH, Director of the ACLU's Program for Freedom of Religion and Belief, which is supporting opponents of this radical assault on 250 years of American separation of church and state. The ACLU's coalition includes Oklahoma faith leaders, parents, and public-education advocates, including national charter school advocate associations which object to turning public schools into Sunday schools.

"Oklahoma officials are not just blurring these lines separating church and state," Mach wrote when sending up alarm bells about this case back in 2023, "they’re attempting to completely eviscerate them." Our friend, legal journalist Mark Joseph Stern of Slate argues that this case is likely to "bury what remains of church–state separation, forcing every American to subsidize the indoctrination of children into faiths they may not share. And it would further enfeeble secular public education, diverting billions of dollars away from inclusive public schools toward religious academies that openly discriminate against those outside their faith."

But there is hope. A little. Justice Amy Coney Barret has recused from the case, meaning that if Chief Justice John Roberts --- the only Justice who appeared to be at least moderately uncertain of his final verdict last week --- decides in favor of the Oklahoma Supreme Court, then SCOTUS would be tied 4 to 4 and the Oklahoma high court's ruling would stand.

"This was a strong decision by the Oklahoma Supreme Court," Mach tells me today, explaining that their opinion "wasn't even close", pronouncing the Charter Board's decision as "so far beyond the pale...so far beyond what we have decided as a country that our government should and should not be doing" that even a Republican high court in a very Republican state had to say no to it.

"It's an interesting moment," says Mach, "because we have a conservative movement and an extremely conservative U.S. Supreme Court that supposedly cares about states' rights. But a ruling for the Catholic school here would be giving no weight to Oklahoma state statutes, the Oklahoma constitution, the Oklahoma Republican Attorney General, and the state Supreme Court, which interpreted its own state law. All of which made absolutely clear that charter schools in Oklahoma are public schools."

There is much more in my conversation with Mach today that you'll want to tune in for, much of which defies conventional wisdom about all of this...even if it may not be enough to prevent the corrupted U.S. Supreme Court from further undermining the Constitution and the original intention of its Framers. That, he says, would be not just a "seismic shift in the law", but "a ground-breaking disaster"...

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Earlier this month, Donald Trump issued an Executive Order calling for the "Immediate Expansion of American Timber Production". As discussed with our guest on today's BradCast, it's difficult to see that separately from his buddy Elon Musk's recent declaration that "logically we should privatize anything that can reasonably be privatized." [Audio link to full show follows this summary.]

BUT FIRST... A few items of note...

• It was amusing watching corporate media outlets tip-toe in their reporting around the facts of Tuesday's successful return to Earth by astronauts Suni Williams and Butch Wilmore after being stranded on the International Space Station for 9 months following what was supposed to have been an 8 day mission. The pair were safely brought home in a SpaceX capsule that splashed down in the Gulf of Mexico. Can you see the dilemma for the nation's major news outlets yet? We discuss. And laugh. (And also point out that the mission was tasked to Elon Musk's SpaceX by NASA last August, under President Joe Biden. No, Donald Trump did not "rescue the astronauts", as his Administration seems to want you to believe.)

• In more important news, after covering a string of losses in federal court for Trump on yesterday's program, a few more came in after we got off air. One was a major ruling that blocked his Order banning transgender people from serving in our nation's military. (Try not to laugh at Trump's straight-faced assertion in his EO that service by transgender people, many of whom have received top military honors, "conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life." Cuz if anyone knows about living an honorable, truthful, and disciplined lifestyle, even in one’s personal life, it would be the Commander-in-Chief who was found liable for nearly $100 million for sexually abusing and defaming writer E. Jean Caroll and found guilty of 34 criminal felony counts related to hush-money payments to porn star Stormy Daniels to help him cheat to win an election and other honorable, truthful and disciplined living by Corporal Bonespurs.)

• In response to yesterday's program focused, in part, on the lower courts holding firm, for now, against Trump and Musk's rampant lawlessness, we received some interesting feedback from a number of listeners who seemed to view those victories for the Constitution and Rule of Law --- short-term or otherwise --- as hardly worth celebrating, given that all hope is now lost and, in short, America is all but over. While understanding the sentiment, I disagree with that thinking for several reasons, a number of which we discuss today.

THEN... Following news of yet another court loss for Trump late on Tuesday, in which a D.C. U.S. District Court Judge Tanya Chutkan blocked the Administration's attempt to claw back some $20 billion authorized by Congress and allocated by President Biden as part of his landmark climate initiatives before leaving office, we discuss a recent Executive Order signed by Trump that would massively expand logging and clear-cutting of our national forests and other public lands.

MATT SEDLAR, climate analyst at the Center for Economic and Policy Research, is here to discuss what this scheme is really about; how it relates to Trump's trade war with Canada; the various dangers it poses to both the economy and climate; and how it has little to do with improving forest management or wildfire protection, as Trump's EO falsely claims.

Sedlar explains how the Order appears to directly contradict pretty much everything else that Trump has been doing at the very same time.

"Laying off Forest Service workers, National Park Service workers, and putting out this Executive Order expanding logging, canceling leases for various offices and visitor centers for national parks across the United States," Sedlar tells me, "all point to the privatization of the public lands. Eliminating what we know of as national forests and national parks, and opening it up to making it into a revenue stream."

"It leans more towards that and less towards what he is saying, that this is forest management. Because the science simply does not support what he's saying. It didn't support it in the '80s when you had researchers and scientists warning against it, and it's definitely not going to support it now."

"These are all moves to generate revenue without a look at how this affecting long-term sustainable development. It's all short-term gain for long-term losses," he argues, citing both the costs to the fight against climate change and the bipartisan popularity of our National Parks and Forests.

Tune in, of course, for much more!...

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

Among the many stories covered today...

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

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

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

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

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

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

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

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On Day 2 of the second corrupt Trump Presidency, we catch up on today's BradCast with the destruction he wrought (or attempted to) on Day 1, just hours after he became the first convicted felon, adjudicated rapist and adjudicated insurrectionist to be sworn in as President of the United States. And it all just happens to come, coincidentally, on the 15th anniversary of the U.S. Supreme Court's horrific 2010 Citizens United decision, which helped make so much of this day possible. [Audio link to full show follows this summary.]

Given Donald Trump's "flood the zone" strategy, including scores of Executive Orders, Actions, Directives and Memoranda signed on Monday (much of it for show, some of it dangerously real) we try to cover a lot in a very short time on today's program. I'll do my best to quickly summarize at least some of it here...

• Since MLK Day was largely preempted by yesterday's Inauguration (and our 2025 Inauguration Counter-Programming Special --- thanks to many for the kind words about it!), we begin today with a piece of Martin Luther King's 1967 "Blue Print" speech to a group of students in Philadelphia that, surprisingly, served as inspiration for us today!

• Please note: It has now been more than "24 hours" since Trump was sworn in (and since he was elected in November, since that was the original, oft-repeated promise) and Russia's horrific war on Ukraine is still raging anyway.

• Trump signed scores of orders on Monday night, though the most immediately substantive was his "full, complete and unconditional" blanket pardons for about 1,500 January 6, 2021 insurrectionists and seditionist --- including the leaders of the far-right paramilitary groups Proud Boys and Oath Keepers who were found guilty and sentenced to more than a decade in prison for Seditious Conspiracy, in their treasonous (if failed) attempt to help Trump steal the 2020 election. Many of the violent domestic extremists who were released from prison today attacked law enforcement officers on that awful day at the U.S. Capitol, "armed with firearms, stun guns, flagpoles, fire extinguishers, bike racks, batons, a metal whip, office furniture, pepper spray, bear spray, a tomahawk ax, a hatchet, a hockey stick, knuckle gloves, a baseball bat, a massive 'Trump' billboard, 'Trump' flags, a pitchfork, pieces of lumber, crutches and even an explosive device." But all is now, apparently, forgiven with Trump's pardons, despite the assertion on Fox "News" just one week ago by then Vice President-elect J.D. Vance that "Obviously, if you committed violence on that day, you shouldn't be pardoned." But that was a week ago, and this is now, when, with today's release of the January 6 terrorists, Trump now has his own domestic paramilitary if and when needed. And those who testified against them originally, including law enforcement officers, are now, understandably, very concerned for their own personal safety.

• Trump signed an Executive Order declaring a "national emergency" and "invasion" at the southern border, where there is no such emergency or invasion. But now he has a pretext to invoke the military wherever it may be needed to round up, arrest, detain, imprison and deport undocumented migrants and asylum seekers, among other things.

• Trump signed an Executive Order claiming to end the 14th Amendment's Constitutional right to birthright citizenship, even as historian and tyranny expert Timothy Snyder helpfully reminds us: "A president’s executive order cannot undo a law or a Supreme Court decision, let alone a provision of the Constitution. Forget that and you do have a dictatorship on day one." That EO is already being challenged in court by 24 states.

• Trump, who miserably failed to handle the COVID pandemic, which killed more than a million Americans, signed a declaration withdrawing> from the World Health Organization.

• Trump signed an Executive Order revoking Joe Biden's landmark 2023 Executive Order on AI safety.

• Trump signed Executive Orders "protecting women from radical gender ideology" and declaring there are only two immutable sexes: male and female, as determined by whether they are born with eggs or sperm.

• Trump revoked a 2021 Biden Executive Order calling on federal agencies to promote voting access and expand voter registration. Trump and Republicans will have none of that! What do you think this is, a representative Constitutional democracy or something?!

• Trump also rescinded a Biden era Executive Order that had repealed an Executive Order from Trump's first term that attempted to game the U.S. Census for partisan gain by, among other things, attempting to exclude non-citizen residents of the U.S. from the count of the "whole number of persons in each state", as per the 14th Amendment, for the first time since the very first Census was carried out in 1790.

• Finally, Desi Doyen joins us for our first Green News Report of the second Trump era, with more on his Day 1 efforts to use Executive Orders to undermine the climate, the health of Americans, the livability of the planet, and the U.S. economy along with it. Trump signed Executive Orders declaring a "national energy emergency" (which is not a thing that actually exists); to stop all off-shore wind projects (what happened to that "national energy emergency"?!); and to join with Iran, Libya and Yemen by withdrawing (yet again) from the landmark, voluntary Paris Climate Agreement, a move that could end up costing the U.S. hundreds of billions, if not trillions, of dollars via lost leadership, technology and manufacturing of clean, renewable energy...

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

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

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

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

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

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

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

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

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

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

Also on today's program...

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

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Stand by for news --- some good-ish, some not-ish --- on today's BradCast! [Audio link to full show follows below this summary.]

First up today, some noteworthy results from yesterday's primary elections. Among a bunch of races covered today from four different states...

• Progressive New York "Squad" member Rep. Jamaal Bowman was soundly defeated in his 16th District U.S. House primary race by longtime local Democratic official George Latimer in what was, notoriously, the most expensive House primary ever run. The cost of the contest was largely due to the American Israeli Political Affairs Conference (AIPAC)'s investment of millions of dollars to defeat Bowman, who, among other sins, described Israel's war in Gaza as a genocide. That said, as many pointed out before Tuesday and as we detail today, Bowman, as a movement progressive, was likely to have lost this race anyway in a very diverse "normie Dem" district, even without the flood of AIPAC money.

• Far-right Colorado Rep. Lauren Boebert's carpetbagging jump from her right-leaning, but swingy-ish 3rd District to the farther right 4th district --- after barely winning in the 3rd in 2022 by just a few hundred votes --- paid off as she managed to beat off three other Republicans to win the GOP nomination in the new district on Tuesday and, with it, most likely, another term in Congress this November.

• U.S. Rep. John Curtis, a not-insane, Mitt Romney-like, pro-climate action Republican from Utah, defeated a Trump-endorsed opponent to win the GOP nomination to fill the seat being vacated by the retiring Romney in the very red, but not completely Trumpy state this November.

• Another Trump-endorsed Republican lost, if narrowly, on Tuesday to Republican Sheri Biggs in South Carolina's primary runoff election for the U.S. House in the state's solidly red 3rd Congressional District.

And, some noteworthy news today from the corrupted U.S. Supreme Court, where a number of still-outstanding decisions remain, suggesting they may still be releasing opinions after the usual end of term in June, after we'll be on break over the Independence Day holiday week. Among the still-unreleased opinions are two that relate to criminal accountability for Donald Trump. It's up to you if you want to check out the (seemingly encouraging) abortion-related opinion that the Court appears to have accidentally released prematurely on their website for a few minutes on Wednesday morning. Beyond that, the two they meant to release today include...

• A seemingly absurd finding that federal law does not prevent payoffs by private parties to public officials after an official has done something --- such as award a multimillionaire contract --- to the private party. The case overturns a conviction against an Indiana Mayor who received $13,000 after fixing the bidding process to award a million-dollar contract to a local trucking company. A payoff, or an agreement for one before such the contract was awarded, in a direct quid pro quo, would be considered unlawful bribery. But a payoff after the action in question, no matter how much, is considered a "gratuity" that, the Court ruled [PDF] in a 6 to 3 partisan decision today, is not barred by federal law. State and local jurisdictions may still prosecute such payoffs under their own laws, however, if they wish.

• In a slightly more encouraging 6 to 3 ruling [PDF] today --- with three Republican-appointed Justices joining all three Liberals in the majority opinion --- the Court sided with the Biden Administration to reject claims by several Republican states and private plaintiffs that federal officials were unconstitutionally forcing social media sites to remove posts by so-called conservatives. The Court ruled that Plaintiffs had no standing here, since they all failed to demonstrate they faced any Constitutional harms by actions taken by federal officials --- in both the Trump and Biden Administrations --- to advise social media companies like Twitter and Facebook about potentially dangerous or misleading posts regarding COVID-19, election integrity and more.

And finally, on his HBO show last week, Bill Maher lauded Maryland's Democratic Governor Wes Moore for recently announced pardons to tens of thousands convicted over the years under state marijuana laws that have since been lifted. Maher then lamented how sad it was that Joe Biden wasn't smart enough to do the same thing at the federal level...even though Biden did exactly that two years ago when he also encouraged state Governors like Moore to do the same, as most marijuana convictions are at the state level. Of course, we covered both Biden and Moore's pardons as they happened. But, since Maher apparently never heard about it, I also want to make sure that at least you know about the new set of pardons issued today by the Biden White House...

• As the military news outlet Task & Purpose reports: "U.S. troops who were convicted under a now-defunct military law that targeted gay service members will receive formal pardons, the White House announced Wednesday." The pardons will apply to thousands of LGBTQI+ troops who were discharged, going back to 1951, for military rules that have since been removed and/or found unconstitutional. Said President Biden in a statement: "Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves." I hope someone tells Bill Maher before he misinforms millions yet again...

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No matter what happens in this year's election, the year will be like none other in the U.S. Are the mainstream media --- which arguably helped lead us to our current mess at the edge of a potential collapse of American democracy --- able to meet the challenge? To serve a nation that badly news an unapologetic press able to call out the corrupted without "both sidesing" every issue? That's where we begin on today's BradCast, before covering a whole bunch of accountability for rightwingers and rightwing organizations in recent days and weeks. [Audio link to full show follows below this summary.]

It seems impossible to believe that the U.S. mainstream media will be able to meet this moment. And yet, there are signs, suggests our guest today, longtime journalist and media critic DAN FROOMKIN of Press Watch, formerly of Washington Post, Huff Post, The Intercept and Harvard's journalism watchdog, the Neiman Foundation.

In a column late last year, Froomkin detailed the "intense internal pressure to defend democracy" that newsrooms will be facing in 2024. The greatest pressure, he reports, is likely to come not from outside those newsrooms, but from inside, where "traditional bosses are still in control," holding fast to "both sides" journalism, but where they are finally being challenged by what he describes as a "silent journalistic majority", an often younger and/or more diverse group of reporters "whose sense of self is defined by more than just not taking sides. It’s defined by informing the public of the truth."

With the stakes now higher than ever, he observes, there are signs, at least, that some in the traditional, unhelpful mainstream are begin to change in order to meet the moment. It's a tall order --- especially after so many decades of failure --- but there are some positive signs that even the traditionalists are beginning to understand the threat posed to American democracy itself by a Republican party which has now all but fallen to the fascistic, autocratic demands of its cult leader.

"The good news --- and it is unusual for me to focus on the good news in the media --- is that I think we're seeing two steps forward, one step back, in that I do see some braver, more honest, more upfront journalism happening on occasion at the major institutions," Froomkin tells me, before adding, "And then every so often, they'll backslide terribly."

He argues that many are "getting really impatient with this 'both-side'-ism, this 'a pox on both your houses' stuff."

"If you talk to any journalist who is not personally invested in the old way of doing things, you'll find that they actually agree with this critique. It is not a radical critique anymore. It is very much a 'How do we do journalism in this day and age?' question. And I think the answer is increasingly becoming that we need to call it out the way we see it. And that we need to stand up for democracy and for a free press, and for core journalistic values. It doesn't mean telling people to go vote Democratic, it doesn't mean being easy on the Democrats. But it does mean pointing out what this danger is right now."

"If Trump takes power, he's going to go after the media. And he will criminalize journalism in a lot of ways, and the free press will be under a lot of pressure. I don't think any journalist can sit there and say, 'I'll be fine if Trump wins.' They should all be terrified," Froomkin asserts, adding: "An increasing number are. You're seeing some of that, for instance, in this story on political violence. That was one of the big issues swept under the rug until recently."

As Froomkin explains, the jury is very much still out. But what he once saw as a "generational project" now needs to happen much quicker. "The stakes feel so high right at this moment --- for obvious reasons --- that I think there’s pretty good chance of change before November," he wrote last month. We'll see if he's right about that.

In the meantime, there has been some encouraging news elsewhere, at least from the court system in recent weeks, resulting in a rush of long-overdue accountability for people and organizations of the corrupted right.

• Last week, New York Attorney General Tish James' office filed motions seeking $370 million from Donald Trump, his company, and its top executives for years of massive bank, tax and insurance fraud. She is also seeking a lifetime ban from the NY real estate market for Trump, and a five-year ban for his eldest sons. The whole crew has already been found liable by the state judge overseeing the case. The only question now is what the penalties will ultimately be. Closing arguments are this week and Trump will not be allowed to make part of them himself, after failing to agree he would do so without attacking prosecutors, the judge or his staff, or turn the remarks into a political statement.

• Also last week, Wayne LaPierre, the wildly corrupt 30-year leader of the terrorist-supporting National Rifle Association, finally resigned on the eve of his corruption trial --- also thanks to Tish James in New York --- which began this week. LaPierre and other top NRA officials allegedly bilked millions of dollars from the non-profit organization to fund their own lavish lifestyles. James hopes to force LaPierre and the others to pay it all back and permanently bar them from serving on the board of any NY charity. Thoughts and prayers.

• Longtime Republican grifter James O'Keefe's sleazy, fake "journalism" organization called Project Veritas, finally seems to be all but permanently dead. That, after O'Keefe was found to have overseen years of "financial malfeasance" according to its Board and newly seated CEO, Hannah Giles, who resigned last month citing "an unsalvageable mess" at the organization, "one wrought with strong evidence of past illegality and past financial improprieties." Giles originally played the "prostitute" in heavily edited videos published years ago by Andrew Breitbart targeting the community organizing and voter registration group ACORN. O'Keefe --- as we spent quite a bit of time some years ago detailing to mainstream media outlets who had also fallen for the hoax --- pretended to have dressed up as a "pimp" in those fraudulent videos. Though scams, they still resulted in rightwing millionaire, billionaire and just plain old dupes donating tens of millions of dollars to O'Keefe's organization over the years in support of their phony, frequently unlawful, partisan schemes targeting groups and individuals on the left. The organization and O'Keefe himself are reportedly under criminal and/or civil investigation for a number of those schemes.

• Remember Kim Davis? The sleazy, far-right Kentucky county clerk who, in 2015, refused to issue marriage licenses to same sex couples after the U.S. Supreme Court's Obergefell ruling? Last week, a federal judge found her liable for $260,000 in legal fees and expenses incurred by one of the couples who she unlawfully refused to license. In 2022, a federal jury said she had to pay the couple $100,000 in damages. The rightwing legal organization representing Davis for free, Liberty Counsel, says they will appeal the original verdict, the order for attorneys fees, and Obergefell itself at the U.S. Supreme Court.

FINALLY, as today's show ended, it looks like former New Jersey Gov. Chris Christie has decided to suspend his 2024 GOP Presidential campaign (much as we called for him to do --- if he was truly serious about keeping Trump out of the White House --- on yesterday's program.) The announcement comes just hours before a debate tonight between Nikki Haley and Ron DeSantis in advance of Monday's Iowa Caucuses. Presumptive frontrunner Donald Trump won't be at this debate either, but we will have Special Coverage, nonetheless, for some reason, on tomorrow's BradCast...

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Tonight's breaking news about the disgraced former President and insurrectionist being barred from the 2024 ballot in Colorado under the U.S. Constitution's "Insurrectionist Disqualification Clause" came just minutes before we were finishing up today's BradCast --- our last one of the year! But I suspect we'll have plenty to discuss when we return in 2024. [Audio link to full show follows this summary.]

Among the stories we did have time to cover in full on today's program...

• We open with a homerun public comment from a young man at a meeting of the Sarasota County, Florida School Board last week, calling for the resignation of Board Member and co-founder of Moms for Liberty, Bridget Ziegler. That, following the rape allegations against her husband, Christian Ziegler, Chair of the Florida Republican Party, by a woman who says she was involved in a threesome relationship with Christian and Bridget, a supposed "conservative" who rocketed to rightwing national fame as her Moms for Liberty group worked with FL Gov. Ron DeSantis to adopt the state's "Don't Say Gay Law" and to ban books from schools on LGBTQ-related issues. That, even as Bridget was allegedly involved in a sexual affair with another woman. But the guy's comment at the Sarasota School Board --- from which Bridget is still refusing to resign --- was killer.

• Good news at the end of the year for voting rights out of --- of all places --- the very far-right 5th U.S. Circuit Court of Appeals, in two different opinions issued on Friday, in fact. In one, the full court allowed a lower court ruling to stand mandating a new U.S. House map for Louisiana before 2024, after finding that the current map was an unlawful racial gerrymander by state Republicans under Section 2 of the Voting Rights Act. The other decision by the 5th Circuit allows a Texas voter suppression law --- which bans online voter registration, in a state with the lowest voter turnout in 2020 --- to stand. That's not good. But both decisions re-affirmed that voters and private organizations do have a legal right to sue to block racist voter suppression laws under Section 2 of the Voting Rights Act. Those affirmations come after the 8th Circuit Court of Appeals ruled just last month, for the first time since the creation of the Voting Rights Act in 1965, that only the U.S. Attorney General can sue to enforce Section 2 of the VRA. If allowed to stand at SCOTUS, the 8th Circuit's ruling would be an extraordinary blow to the landmark Act. So the 5th Circuit's rejection of those arguments, filed in both cases by Republicans, is a very encouraging sign.

• On Monday, Texas' authoritarian Governor Greg Abbott signed a new state law allowing state police to arrest --- and local judges to deport --- anyone suspected of being an undocumented immigrant. On Tuesday, civil rights groups sued to block the almost certainly unconstitutional new law. At least it used to be unconstitutional, back when SCOTUS overturned a similar "Papers, please!" law out of Arizona in 2012. But that was before there was a packed, stolen and corrupted 6 to 3 Republican majority on the High Court.

• Very bad news for both Donald Trump and Mark Meadows out of the also very conservative 11th U.S. Circuit Court of Appeals on Monday, as a three-judge panel rejected Meadows' attempt to remove his Georgia state criminal indictment related to 2020 election interference from state to federal court. As Law Professor Lee Kovarksy of the University of Texas explained last night, the ruling, written by the court's Chief Judge and very close Clarence Thomas ally, is very bad news for appeals of the "immunity" defenses filed by both Trump and Meadows in several different cases where they are attempting to use that legal gambit to skirt accountability.

• We received a lot of email following yesterday's lively call-in show, in which I asked folks who'd voted for Joe Biden in 2020, but who were planning on not doing so again in 2024, to call in and tell me why. Today we share a few of those notes in response.

• But, for something for nervous pro-democracy Americans to consider over the holidays until we return after the new year, we share a recent column from University of Illinois' Political Science Professor Nicholas Grossman, explaining why folks should not (yet) be freaked out about polls showing Trump defeating Biden next year, and why "pro-democracy Americans [should] approach the 2024 election with enthusiasm, not only dread."

• Finally, Desi Doyen joins us for our final Green News Report of the year! She includes a boatload of details on why, though we may be done with 2023, 2023 ain't yet done with us yet! But she also has some encouraging news on how long-overdue actions to tackle our climate crisis by the Biden Administration are finally beginning to take root as we move into the new year...

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It was debate number four for all of the eligible GOP 2024 primary candidates who decided to show up. And, for reasons best left to one of our guests to explain on today's BradCast, we once again offer Special Coverage of yet another LOL bat-crap insane evening! [Audio link to full show follows this summary.]

This one was broadcast from Tuscaloosa, Alabama. It was sponsored by new media outlet NewsNation and moderated (for the first time?) by three women. The GOP's Race for Second Place on Wednesday night featured just four candidate who qualified: former UN Ambassador and former SC Gov. Nikki Haley; FL Gov. Ron DeSantis; former NJ Gov. Chris Christie and scammy business dude and unspeakably annoying conspiracy theory bro Vivek Ramaswamy. Presumed front-runner Donald Trump didn't bother to show up again. Though, after winning the three previous debates by not being there, he may have actually lost a few points this time around, for reasons discussed on today's program.

We're joined once again today by our tireless 2024 post-debate panelists and long-time OG bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo and 'DRIFTGLASS' of the weekly Professional Left Podcast and its companion show, No Fair Remembering Stuff.

It was a lively, if insane affair, as expected from today's broken Republican Party, with the candidates viciously attacking each other throughout the night as "obnoxious blowhard", "corrupt", "toxic", "fascist" and "liar". But who are we to disagree with the GOP's own carefully curated collection of 2024 candidates for President of the United States?

Aside from the smaller group of participants, the biggest change was that Christie decided to finally weigh in both as the adult in the room with actual old-school Republican "conservative" values, and to finally take on Trump head on as he'd long promised. As we discuss, the room did not boo him as vigorously this time out, and may (may!) have actually listened to a word or two he had to say about Trump. While Christie scored a number of direct hits on the four-time criminally indicted former President, his best moments --- other than beating the hell out of DeSantis and Ramaswamy --- came in calling out Trump as "unfit for office", before noting in closing that Trump is likely to be disqualified from even voting for himself next year.

"I want you all to kinda picture in your mind its Election Day. You all will be heading to the polls to vote, and that's something that Donald Trump will not be able to do. Because he will be convicted of felonies before then and his right to vote will be taken away," explained Christie, followed by a bit of half-hearted booing from the assembled crowd at the University of Alabama. "You can boo about it all you like and continue to deny reality," he continued. "But if we deny reality as a party, we're gonna have four more years of Joe Biden." He went on to add for his fellow candidates: "If you're too timid to take on Trump, believe me, others will see that timidity: Xi, Putin and the Ayatollah, the border-crossers on the southern border and the criminals on our streets."

The full frontal --- and accurate --- attack may or may not work. But it was the message that the crowd eventually seemed to be listening to and that Christie had long promised to deliver, but hadn't until last night. It was also the argument that every other major candidate in the party has, so far, been too "timid" to make. In fact, the lawless, autocratic threat posed by Donald Trump to his own party, our nation, and this world is really the only issue that matters in 2024.

We discuss all of that and much more today, including...

• Why we're devoting an hour to this madness at all.
• The reasons for the lack of a single question about abortion.
• Why the sponsors of this debate thought it appropriate to feature two video questions for the candidates from the far-right Judicial Watch's Tom Fitton, identified as one of Trump's many unindicted co-conspirators in his Georgia election theft indictment and likely in his federal indictment for same.
• Why the party that used to pretend to oppose Big Government clearly doesn't anymore (and never actually did.)
• How Haley and DeSantis claim to support "freedom", while each opposing freedom of speech on the Internet (and elsewhere.)
• Who would actually be the best GOP candidate to defeat Joe Biden and who would actually be the easiest for Joe Biden to defeat.

Please enjoy our...for some reason...BradCast Special Coverage!...

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On today's BradCast, we cover, once again, the thoroughly corrupted "conservative" cabals in both the U.S. House and U.S. Supreme Court as they flex their ill-gotten powers.

But FIRST...on our Green News Report yesterday, we briefly referenced a storm named Otis in the Pacific as a "tropical storm" heading toward Mexico. It was set to be the fourth major storm in a month to slam its Pacific coast. We also happened to discuss a new study of recent hurricanes in the Atlantic, finding that warming waters due to climate change have increased the speed and strength, along with the rapid intensification, of such storms. That behavior, as it turns out, was on full display last night with Otis, which stunned meteorologists and public officials by spinning up from a tropical storm during yesterday's show to become a major Category 5 hurricane in less than 12 hours, before slamming into Acapulco.

With some one million residents and tourists in the resort city caught largely by surprise, we await news and hope for the best, as power and cell phone coverage has been down most of the day, and major roads are said to be unpassable in the region following the catastrophic storm. In addition to being the fourth major storm to slam the coast, it was also the most powerful ever. Acapulco has never seen higher than a Cat 1 hurricane --- until now.

NEXT...The dysfunctional U.S. House Republican majority was finally able to re-open Congress on Wednesday, after selecting a new House Speaker. It was their fourth try after moving to remove Kevin McCarthy more than three weeks ago. Last night the party nominated --- and crucially, today, actually elected on the House floor --- hard-right Louisiana Congressman Mike Johnson as their new leader.

Johnson is being described today as the "architect" of the GOP's attempt to block the certification of Joe Biden's Electoral College victory in 2020. He is a close all of Donald Trump; an ardent religious opponent of abortion rights, supporting jail time and "hard labor" for those who carry them out; he supports government restrictions on medical care for trans people; and opposes further aid to Ukraine to help defend democracy against imperialistic fascism.

In other words, he shares the same positions as Ohio's Jim Jordan --- whose Speakership was blocked by so-called Republican "moderates" last week --- only more so. Apparently, despite their claims, it wasn't Jordan's positions that those "moderates" objected to. It was the fact that Americans knew about them. The little-known Johnson shares no such baggage. So they're fine with him.

FINALLY...The U.S. Supreme Court is set to hear another case in December ginned up by the billionaire-funded, rightwing legal mill that looks for --- or creates out of whole cloth --- aggrieved victims of tyrannical government laws and regulations. From fake website designers worried they may someday have to create a site for a same-sex couple, to red state attorneys general falsely claiming that loan agencies are suffering from President Biden's attempted student loan debt relief program, there seems to be an endless supply of "victims" that the industry is able to come up with to parade before the far-right SCOTUS supermajority that the same rightwing billionaires continue to lavish with luxury gifts, travel, and even just cash money.

But Moore v. United States goes even farther. Its proponents hope for a ruling from their friends on the High Court majority which might knee-cap a future progressive wealth tax, akin to the ones long-proposed by Senators like Elizabeth Warren and Bernie Sanders. Warren's proposal, for example, would add a 2% tax --- two cents of every dollar --- to those with an accrued wealth of more than $50 million. Currently, unrealized gains in the value of real estate portfolios, stocks and bonds, fine art, etc., are not taxed, even at death, allowing for heirs of the richest 0.1% to inherit and continue generational, dynastic fortunes of billions of dollars.

The wealthy can then borrow against those accumulated assets without ever having to cash them in, which would otherwise trigger a capital gains tax (at an already very low rate.) "That is a scam and a scandal," my guest tells me today. Taxing just a portion of that wealth would result in "trillions of dollars of revenue for the U.S. Treasury that could be captured just by instituting a small percentage wealth tax on the richest families [with] more than $50 million in assets." That revenue could then be used for universal childcare, healthcare, education, and pretty much everything else that Republicans like to claim that America is just too broke to be able to afford.

So how will the Supreme Court be able to kill a still non-existent "wealth tax", when the Constitution and long-standing precedent prevents it from issuing advisory rulings on issues that aren't currently resulting in actual harm to any victims?

We're joined today by the L.A. Times' Pulitzer Prize-winning business columnist, investigative journalist and author MICHAEL HILTZIK to explain. He argues the case "stinks to high heaven," citing opponents of this case who charge that the GOP billionaire patrons of Justices Sam Alito and Clarence Thomas "have their fingerprints all over this case."

"The miasma of corruption really is laid all over this case," asserts Hiltzik. "I think it's one of the reasons that legal scholars who are watching this are very concerned that, once again, the Supreme Court's conservative majority is going to step out of its proper limited role, and essentially legislate" from the bench. "When the Supreme Court, or any federal court, actually rules on something that is not a real case or controversy, then almost by definition they are making new law, they are legislating. That is something under the Constitution that they are not supposed to do."

As Hiltzik notes, we are now seeing more and more of that from this corrupted Court. So, how can it possibly be stopped at this point? Hiltzik, who has written best-selling books about FDR's New Deal and the robber barons who originally corrupted the entire system, has some ideas on that today that as well...

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Woah, Nelly! Today's BradCast may arguably be both the dumbest and most fun ever! [Audio link to full show follows this summary.]

The subject material --- Wednesday night's ridiculous GOP 2024 "Presidential Primary Debate" (if it's even worth calling it that) at the Ronald Reagan Presidential Library out here in Simi Valley, California --- is what makes it dumb.

It featured seven "candidates" --- former Vice President Mike Pence, Florida Gov. Ron DeSantis, former South Carolina Gov. and UN Ambassador Nikki Haley, South Carolina Sen. Tim Scott, former New Jersey Gov. Chris Christie, supposed businessman Vivek Ramaswamy and North Dakota Gov. Doug Burgum --- but not the much-indicted guy who Republicans apparently intend, for now, to actually nominate for the job next year.

Our excellent special coverage panelists --- award-winning blogger and columnist HEATHER DIGBY PARTON of Salon and Hullabaloo, and "DRIFTGLASS" of the Professional Left Podcast from "Flyover Country, Illinois" --- are what make it fun.

Hear Digby discuss the GOP's "Bizarro World alternet universe" and the "big orange elephant in the room"! Hear Driftglass explain the "Doomsday machine with no off switch" and "the smelly wet sock of the mainstream media"! Also, Doug Burgum!

To paraphrase Haley last night, hearing us today may help you "feel a little bit dumber." I'd tell you more, but that would ruin all the fun...and most of the dumbness! Enjoy!...

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It's still kind of hilarious that the Republican Speaker of the House this week, in announcing an impeachment inquiry of Joe Biden for...(fill in actual crime here when available)...described the Democratic President as "the picture of a culture of corruption". It's particularly amusing given the bulk of today's news on The BradCast. [Audio link to full show follow below this summary.]

Among our stories today...

• The unspeakable death toll from flooding in Libya is now expected to be in the tens of thousands as bodies line the streets in the eastern coastal town of Derna, where 16 inches of rain fell in one day over the weekend resulting in the collapse of two dams. Given some of the horrifying new numbers from Berkeley Earth this week, however, suggesting that the planet has a good chance of exceeding the 1.5 degree Celsius increase of warming since pre-industrial times which the Paris Climate Agreement seeks to avoid, we could be in for many more such horrific disasters in the years ahead.

• Following a nearly 5-year probe by a Trump appointed U.S. Attorney and a recently failed plea agreement, Hunter Biden was charged today with 3 felony counts related to using illegal narcotics while buying a gun. These are crimes which almost nobody is ever charged with, especially when they have never fired or even loaded the gun, which Hunter reportedly had for only 11 days. But that must be a part of the "special preferential treatment" the President's son has received, if you hear Republicans tell it. Try not to laugh.

• The state judge overseeing the sprawling, 41-count racketeering conspiracy indictment [PDF] against the former President of the United States, Donald Trump and his 18 co-conspirators for their attempts to steal the 2020 election in Georgia, has determined that all 19 defendants will not be tried in a single group beginning in October, as Fulton County D.A. Fani Willis had sought. So far, former Trump attorneys Ken Chesebro and Sidney Powell will stand trial next month, but a trial date for all of the others will be set later, likely for some time next year --- if a slot when Trump isn't standing trial on felony charges in three other jurisdictions can be found.

• The civil trial Trump faces --- along with his two eldest sons, his company and two top executives --- via New York state Attorney General Letitia James, for falsely and unlawfully inflating his company's net worth by billions of dollars in order to fraudulently receive bank loans and other benefits, begins on October 2. Just mentioning that since it seems few others are doing so these days for some reason.

• The Fox Corporation was sued yet again this week, related to the knowing lies Fox "News" told about the 2020 election being "rigged". The latest suit comes courtesy of New York City's huge pension funds. They charge neglect of corporate duty to protect shareholders by opening themselves up to defamation suits like the one from Dominion Voting Systems. That one cost the pretend news outlet $787.5 million to settle earlier this year. The state of Oregon, on behalf of their public employee retirement fund, has joined the suit. All of which begs the question as to why anybody's money is actually invested in a company known, for years. to be as corrupt as Fox. I might suggest that those whose retirement funds are being handled by NYC and Oregon (and elsewhere) demand the funds pull their money from similarly irresponsible and corrupt corporations --- such as the major fossil fuel companies --- before they too face the huge financial liabilities that await them.

• Are Wisconsin state Assembly Speaker Robin Vos and his fellow corrupt Republicans in the state's obscenely gerrymandered Legislature blinking in their recent threats to impeach newly-seated state Supreme Court Justice Janet Protasiewicz before she has even heard a case? The High Court's new liberal majority will soon be hearing two citizen petitions challenging the GOP's corrupt state district maps, which have ensured Republican majorities in both the Assembly and Senate for most of the past decade. But this week, just after state Dems announced a $4 million ad buy to let voters in the Badger State known what Republicans are up to in advance of 2024, Vos floated a new legislative "deal" to create new maps. Democratic Gov. Tony Evers immediately rejected the proposal as "bogus". We explain.

• Remember that Kentucky County Clerk who refused to grant marriage licenses to same-sex couples back in 2015? Kim Davis will now have to pay one of those couples $100,000 for having refused to do so, according to a decision this week by a federal jury.

• Ken Paxton, the unspeakably corrupt Texas state Attorney General and close Trump ally who is facing trial in the Republican-dominated state Senate on 20 articles of impeachment brought by the state's Republican-dominated House this week, may have dodged at least one bullet. A last-minute deal was struck between the opposing attorneys to skip testimony from Paxton's mistress on Wednesday. She's the one who was given a job by a Paxton donor to make it easier for them to continue their secret affair. The impeachment trial of the state's top law enforcement officer continues in the Senate, which will soon decide if the Republican should be removed from office based on charges of bribery, unfitness for office and abuse of power. Paxton's wife is a state Senator and has been present all week at the trial. She will, however, be barred from voting on his fate.

• Washington Post reports today that Florida's corrupt Republican Governor Ron DeSantis enjoyed a whole bunch of unreported and undisclosed private plane flights, luxury resort accommodations and meals with wealthy donors after being first elected in 2018. With his Presidential aspirations now failing, he must be angling for a Supreme Court nomination.

• Finally, Desi Doyen joins us for our latest 'Green News Report' with more on the horrific news out of Libya; the record costs of U.S. weather-related disasters so far this year; more bad news for Texas water drinkers; and a bit of encouraging news courtesy of Biden and the Democrats' Inflation Reduction Act. Oh, we're also still keeping an eye on the powerful, slow-moving Hurricane Lee, a monster storm in the Atlantic which is currently brushing by Bermuda and threatening New England, Canada and Newfoundland over the next several days...

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If you had "Hurricane in Southern California" on your Climate Crisis 2023 Bingo card, please come on up to accept your prize. Details on that on today's BradCast, along with a whole bunch of other stuff we've had to set aside of late, thanks to the now 91 criminal felony charges being faced by our corrupt and disgraced former President. [Audio link to full show follows this summary.]

Among the stories covered today that (largely) have nothing to do with felony indictments...

• Hurricane Hilary spins up suddenly off the coast of Mexico and is now gaining strength amid an El Nino. The storm is said to be heading north to make what could be an "exceedingly rare" landfall over the next few days somewhere here in Southern California or along the Baja Peninsula before moving up and into Arizona --- if you believe scientists who are experts in this sort of thing.

• The gerrymandered Republican state legislature in North Carolina on Wednesday overrode vetoes by Democratic Gov. Roy Cooper to enact new laws that are unspeakable cruel to, among others, transgender children. If you are unaware, we explain exactly why these types of laws --- now adopted by 22 GOP-controlled states (though being challenged in court in most of them) --- are so awful and cruel. That is, unless you are a Republican, like those who stole control of the NC legislature, who believe Big Government should intercede between doctors and patients and that so-called "parental rights" should also be overruled by Big Government autocratic fiat.

• Speaking of autocracy, gerrymanders and Big Government Republicans now dictating to small, local government and voters...the morally and ethically broken GOP-controlled state legislature in Texas has recently passed a law to oust the chief election official in Harris County (Houston) --- and only in Harris County --- just months before upcoming municipal elections in the state's largest and most Democratic-leaning County. A state judge this week found the new law in violation of the Lone Star State's constitution. But, just hours later, the state put that ruling on hold by appealing it to the TX Supreme Court (all Republican). The November elections are now just weeks away and, unless something changes quickly, will apparently be run by the Harris County Tax Assessor-Collector who has zero experience running elections and had nothing to do with the months-long planning for the one where early voting is set to begin next month.

• In far more encouraging news about autocracy, gerrymandering and, in this case, democracy, we head to the great state of Wisconsin. On August 1, Justice Janet Protasiewicz became the state Supreme Court's newest member after being elected earlier this year. Her landslide (for Wisconsin) 11-point victory in April means that liberals now hold a majority on the state's High Court for the first time in about 15 years. On August 2, a group of petitioners filed with the state Supremes to not only force new, fair legislative maps for the state's House and Senate for the first time in more than a decade, but also for emergency elections next year for all members of the state Senate, many of whom will not otherwise face reelection until 2026 despite occupying seats that petitioners argue are held only thanks to the GOP's unconstitutional partisan gerrymanders. BRAD BLOG legal analyst Ernie Canning wrote about this challenge to the state's illicit, entrenched legislative majorities this week and the potentially very good news it represents for Badger State voters. Just after airtime today, however, he updated his article with...well, some more good news but also...some troubling news about the gerrymandered GOP's new scheme to undermine democracy, the rule of law, the state constitution and state voters with impeachment proceedings against Protasiewicz in hopes of stealing back the Court to hold onto their entrenched, corrupt state legislative majorities. (See Ernie's UPDATE today on that story for more details.)

• Then, a bit of listener mail in response to my apparently controversial suggestions of late that Donald Trump may very well not be on the general election ballot by November of next year.

• And, finally, Desi Doyen has our latest Green News Report with updates on the horrific fires on Maui and in Canada, but some very encouraging news about President Biden and the Democrats' landmark climate law, signed one year ago this week, which is already resulting in a clean energy manufacturing, construction and jobs boom in the U.S. --- and even overseas!...

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It's been too long, but we're delighted to have one of our favorite guests back on today's BradCast! [Audio link to full show is posted below this summary.]

But first, in a rare, one day only special session of the State Legislature called by Iowa's Republican Gov. Kim Reynolds on Tuesday, GOP lawmakers in the Hawkeye State hastily adopted a ban on almost all abortions after six weeks of pregnancy, before most know they are even pregnant.

Reynolds had the temerity to declare that "the voices of Iowans and their democratically elected representatives cannot be ignored any longer." That, despite recent state polling finding that 61% of voters in Iowa support legal abortion in all or most cases, with just 35% saying it should be banned.

Well, the "elected representatives" have now been heard --- Reynolds plans to sign the measure on Friday, when it will immediately take effect --- but the voices of Iowans certainly haven't. The new law was passed with only Republican votes. It allows limited exceptions after 6 weeks in some cases of rape, incest and certain medical emergencies. A lawsuit by proponents of reproductive freedom was filed today. We explain the details and the news that former Vice President and current 2024 GOP candidate for President, Mike Pence, is both calling for a similar ban at the federal level and believes abortion should be banned even when a pregnancy is not viable and doctors have determined a baby cannot survive outside of the womb. (None of the other 2024 GOP candidates has been willing to say they disagree with Pence.)

That cruelty, unfortunately, is now par for the course in the Republican Party, and is reflected in similar legislative bans on reproductive freedoms now in at least 17 states just one year after the corrupted, far-right U.S. Supreme Court activist majority overturned Roe v. Wade's 50 years of Constitutional reproductive freedoms.

Rulings made by SCOTUS this year, sadly, are no less radical, even as several of them issued at term's end last month have been cited by some in the media to suggest that Chief Justice John Roberts has somewhat "moderated" the most extreme positions of the Court. That would be inaccurate, but exactly what Roberts had hoped for.

We're joined today by the great MARK JOSEPH STERN, legal journalist at Slate to discuss a number of those decisions, and what has now emerged as Roberts' neat trick to hoax the media into regarding him and some of the opinions issued by the Court this year as "moderate".

In short, as Stern details today, Roberts is essentially manipulating the Court's docket --- by determining which cases to hear and which ones not to --- in order to make SCOTUS' end-of-term opinions appear less extreme, overall, than they actually are.

"They have consistently taken up these cases that sort of seem designed to terrify liberals. Then, when the case comes down in a way that's not the end of the world, they get good headlines," he explains.

"The Court really shouldn't have been hearing a lot of these cases in the first place. So, by deciding them in a so-called 'liberal way', they create this image of balance and moderation that's not really deserved," he argues. "There's no better example of that than the Independent State Legislature case [Moore v. Harper]. There was absolutely no reason for the Supreme Court to intervene, and yet it reached down and grabbed that case. And, by deciding it in a somewhat moderate way --- although Roberts left the door open for mischief, as he so often does --- the Court got great headlines as being so moderate and thoughtful."

"That is a trick that the Chief Justice is very good at playing on the media. But it's not one I think we should fall for, given how obvious it is and how many decisions that he really cares about [that] end up coming out so far to the right over and over again."

"We pretend as though these cases emerged out of nowhere, when in reality, the Court is building a very careful story, using each individual case to try to show something about the Court that it thinks will appeal to the public." But that doesn't reveal the full story, Stern argues. "The 'liberal victories' simply leave the law as it was, without making any changes. Whereas the conservative victories radically overhaul the law in ways that were unimaginable just five or six years ago. That's also something that I think is very difficult to explain to people who don't watch the Court closely, but becomes blazingly obvious once you apply a little bit of scrutiny to how this Court operates."

And now, it's all making much more sense.

We saw that neat trick play out once again this year, as the stolen, packed and corrupted far-right majority, at terms end, ultimately reverted to form to overturn decades-old precedents regarding race-based Affirmative Action in college admissions (though not other Affirmative Actions, for example, legacy admissions and those for the kids of high ticket donors); the Court expanded newly discovered Constitutional "religious freedoms" to allow web page designers (and, actually, any other business) to discriminate against LGBTQ+ customers based on imaginary --- in fact, wholly fraudulent --- grievances; they picked up on last year's Judicial Activism by further restricting the EPA's ability to meet mandates of landmark laws passed by Congress, in this year's case, the Clean Water Act; and, they determined that while forgiving millions of dollar in loans to so-called small businesses and cutting taxes for billionaires was just fine, forgiving $10,000 to student loan borrowers during a national emergency --- in specific accordance with the original text of federal law --- was a bridge too far for a President of the United States...or, at least for the current President of the United States. (The Court showed no such "conservatism" when Donald Trump used the same exact law to "modify or waive" conditions for the same student loans.)

As bad as all of those decisions were, I had specific questions about one of them that sort of seems to give away the game for this far-right Court, with six Republican-appointed Justices now more than happy to legislate from the bench after years of their party pretending to be against that sort of thing.

As it turns out, the case I had questions about --- the one I saw as the most alarming and worst ruling of the term --- is one that Stern felt the same about. It's the one in which the Court relies on a made-up-out-of-whole-cloth, completely subjective test they now refer to as the "Major Questions Doctrine" whenever they don't have a legitimate reason to block an Executive Branch action, even when it's based on the specific text of a law they may not like.

"Justice Kagan has called this a 'get-out-of-text-free card,'" Stern tells me. "This is not a legitimate tool of statutory interpretation, because it means that the Court can set aside what the actual words of the law say, and just apply their own opinion, under this very thin guise of trying to uphold Congress' will." Last year they cited this pretend "doctrine" to say the EPA couldn't regulate carbon emissions under the Clean Air Act, despite the specific text of the law, because it was just too much of a "Major Question" that Congress had to speak to in more specific language somehow. This year, they used it to block President Biden from forgiving certain student loans amid the COVID pandemic, as specifically allowed by the HEROES Act.

"When you're dealing with the federal government, every policy is going to be major," Stern argues. "Every policy is going to affect as many as 300 million Americans. Every policy is going to have a fiscal impact of more than billions of dollars. So this is really just an excuse, in every single case, for the Court to ignore the law that Congress has passed, perversely while claiming to uphold Congress' wishes."

We discuss that and much more today, including which upcoming cases most concern him on the docket for the Court's next term. Should we freak out about them? Or are they also now just part of Robert's insidious manipulation to be sure to have a few cases on which the Court's rightwingers can appear to be far less radical than they actually are?...

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Welp, it was another slow news weekend [insert eyes-rolling emoji here]. But we try to come up with something to cover on today's BradCast nonetheless. [Audio link to full show is posted below this summary.]

Among the many stories covered on today's program...

• Extreme weather and warnings of same walloping much of the nation today, as two weeks of historic triple digit temperatures in Texas spread to other states, resulting in major storms, deadly tornadoes, widespread power outages and cancelled flights from Arizona through the mid-west up into New England and down to the Carolinas and Florida. But if you hear about these seemingly ever-worsening nightmares from some major U.S. outlets --- like Fox "News" (and even ABC, etc.) --- you may hear absolutely nothing about the man-made climate change that is fueling our intensifying global crisis.

• On Friday, Politico finally covered the story that we broke on this show six weeks ago about how Georgia Sec. of State Brad Raffensperger says he will not be installing urgently recommended security upgrades to its horribly vulnerable Dominion voting systems until after the 2024 Presidential election in the critical battleground state. We covered that news exclusively here in mid-May. Politico covered it here on Friday. And my tweet pointing both out was throttled by Twitter over the weekend so that it's nearly impossible to find without a direct link. That is here. (More, hopefully, on this issue tomorrow!)

• Speaking of Georgia, a federal judge has ordered Rudy Giuliani to pay the legal fees for the two Atlanta election workers --- Shaye Moss and her elderly mother Ruby Freeman --- who are suing him for defamation after he (and Trump, and the rest of the MAGA crew) falsely accused them of committing fraud in the ballot tabulation room during the 2020 Presidential election.

• Curiously enough, the far-right, wildly corrupted U.S. Supreme Court keeps making not terrible rulings at the end of this year's term. Today, a challenge to a ruling on a case out of Louisiana, where a federal court mandated an additional black majority U.S. House district, was rejected. The case will be sent back to a lower court. If the lower court rules as SCOTUS did a few weeks ago --- when they stunned the world by upholding the Voting Rights Act and requiring another black majority House district in Alabama --- today's decision could be very good news for those that care about voting rights, the Constitution, and equal representation for all.

• Also today, SCOTUS allowed several lawsuits against Ohio State University to proceed, after it was discovered the school had, for years, protected a serial sexual abuser who served as a team doctor for years. This is probably not good news for OSU's former wrestling coach and serial denier Rep. Jim Jordan (R-OH).

• The lower courts are holding as well, for now. Last week, a federal judge permanently overturned Arkansas' unspeakably cruel ban on gender-affirming medical care for transgender kids, and a federal judge in Florida temporarily blocked Gov. Ron DeSantis' anti-freedom crusade to ban minors from attending drag shows. Amusingly, one of the reasons the judge blocked the new law was because it was in conflict with DeSantis' so-called "Parents Bill of Rights" legislation adopted in 2021.

• Finally today, before opening the phones to listeners, we discuss the bizarre story of whatever the hell happened over the weekend in Russia where, for about 24 hours or so, civil war nearly broke out. That, as Yevgeny Prigozhin, formerly a close ally of Vladimir Putin and commander of the mercenary Wagner Group (arguably Russia's best fighting force in Ukraine), declared Russia's justification for attacking Ukraine --- to demilitarize and de-Nazify the sovereign nation --- to be a lie. Wagner's march toward Moscow, however, ended as quickly as it began, with Putin theoretically granting Prigozhin safe harbor in Belarus, even if both his future and those of the troops in the Wagner brigade remain uncertain at this hour. We open the phones with what is left of today's show to discuss what the hell is going on and where both Russia and Putin's fortunes may be heading from here...

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