We pick up on today's BradCast, somewhat near where we left off on Friday, following BuzzFeed News' blockbuster report charging that Donald Trump directed his former attorney Michael Cohen to lie to federal investigators in order to obscure their work on a project to build a Trump Tower in Moscow even as Americans were voting during the 2016 Presidential election. [Audio link to today's show is posted below.]

The explosive reported allegations that the President of the United States had suborned perjury led to calls on Friday for Trump's impeachment, only to be dampened by a very rare --- and very carefully worded --- response from Robert Mueller's office, disputing "Buzzfeed's description of specific statements to the Special Counsel's office" and the "characterization of documents and testimony obtained by this office."

My guest today, legal and national security journalist MARCY WHEELER of Emptywheel, says those words were carefully selected by Mueller's office and for a very specific reason. Given all the confusion following both the report and Mueller's unusual statement late last week --- not to mention conflicting remarks from Trump's TV lawyer Rudy Giuliani over the weekend --- Wheeler helps us try to make sense of what is now known and unknown on all of this, why Mueller's office chose to speak out in response to it, and whether or not he was encouraged to do so directly by Deputy AG Rod Rosenstein, the White House or someone else on Trump's legal team.

"Buzzfeed offered some particular details that match exactly with details that Mueller has offered," Wheeler explains, while noting that the news outlet "made a news claim that Trump had ordered this lie. What Mueller is pushing back against is a legal claim." She tells me how the two interests are different, even as they may be describing much of the same events and documentation.

Moreover, she argues, "there's abundant evidence that Trump has ordered people to lie, and that subsequent to his orders to tell lies, his people have continued to tell those lies...and that's illegal. That should be a no-brainer and the press needs to start telling that story."

Wheeler, who has long been covering all things related to the Trump/Russia probe as close --- or closer --- than virtually anybody in the nation, offers much insight today on all of the above, including details on Buzzfeed's sourcing for their report (which they continue to stand by "100%"), based on information from two unnamed "federal law enforcement officials involved in an investigation of the matter," as well as "multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."

Also today, the U.S. Supreme Court, in a 5 to 4 vote, allows Trump's ban on transgender members of the military to move forward, even as ongoing cases in several lower courts have blocked his cruel directive, and even as at least one legal obstacle remains.

In slightly more encouraging --- and certainly less cruel --- news from SCOTUS today, despite pleas from the Administration the Court made no announcement of plans to hear argument on any of the many ongoing lower court cases challenging Trump's reversal of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. Obama's DACA order was meant to help prevent the deportation of more than a million undocumented immigrants brought here by their parents as children many years ago. Should the Court decide to hear one of the cases, it would now most likely not happen until the session that begins in October, with an opinion coming months later. Temporary protection under DACA for so-called "Dreamers" was used over the weekend as an attempted bargaining chip by Trump, as part of an offer to Democrats in exchange for the $5.7 billion he has demanded for a border wall, leading to the longest (and still ongoing) federal government shutdown in U.S. history.

And, finally today, Desi Doyen joins us for the latest Green News Report, with news on the tragic pipeline explosion in Mexico over the weekend, toxic coal ash groundwater contamination discovered in 22 states, and how the government shutdown is setting the table for a dangerous wildfire season, even as its temporarily protecting aquatic wildlife from seismic testing during offshore drilling exploration in the Atlantic...

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On today's BradCast, I'm your host - Angie Coiro, host of In Deep with Angie Coiro.

Donald Trump's tweet fingers were a'twitchin', as he tried to keep up with the flow of Mueller investigation news while churning out headlines of his own. For starters, he made three key appointments/nominations:

• Army head General Mark Milley will move over to chair the Joint Chiefs of Staff;
• Former H.W. Bush Attorney General William Barr is up for confirmation as Trump's next A.G.;
• Former Fox 'News' talking head Heather Nauert is up to replace Nikki Haley as UN ambassador.

I've got the whys and wherefores on those for you. Also, Trump went into rage mode at word of his former Sec. of State Rex Tillerson's very frank discussion on Thursday at a public interview with CBS news veteran Bob Schieffer. Tillerson's explanation of Trump's incomprehension of basic issues, along with his trademark lack of discipline, provoked high-minded Trump tweets calling Tillerson "dumb as a rock" and "lazy as hell".

The BBC has a good basic rundown if you're trying to catch up with the case of Chinese telecom Huawei's alleged spying. I bring you the highlights plus updated news.

Meanwhile, a Swiss paper has published a conversation with Fox's Tucker Carlson who damned the White House occupant as "incapable" of fulfilling his promises. And he went further: "I don't think he's capable of sustained focus. I don't think he understands the system. I don't think the Congress is on his side. I don't think his own agencies support him."

Then, legal expert and journalist LARA BAZELON joins me to discuss her work on restorative justice for wrongly-convicted parolees. She's covered the topic for years for Slate.com, and has now released a book called Rectify. The full version of our conversation will be posted here over the weekend. Don't wait for that, though - I've brought you a big chunk of it right here on The BradCast!

Plus, so much more! It's a bellyful of news today. Check it out!...

Download MP3 or listen online below...

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

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

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

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

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

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

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On today's BradCast we take a precious few minutes to duck out of the horrific breaking news cycle this week --- sort of --- for some words of wisdom and perspective from a number of very smart folks in response to the news that Justice Anthony Kennedy is resigning, and all of the fear, panic and depression that is going with it for many progressives. [Audio link to show follows below.]

Among the smart folks we turn to for sage thoughts today: longtime newsman Dan Rather, civil rights icon Rep. John Lewis & Daily Kos' "Meteor Blades", blogger and activist Zawn Villines and journalist David Dayen. Each offer helpful, non-pollyannaish advice on keeping our current moment in the appropriate perspective. That, while the struggle for justice and to somehow save the U.S. Supreme Court from an onslaught of GOP/Trump hypocrisy, extremism, lies, cynicism, and far-right schemes to roll back decades of hard-fought civil, voting, human and reproductive rights, will demand persistence and steady, determined courage in the days ahead.

Nonetheless, both pessimism and despair are counterproductive to progress. So I hope today's program helps us all (including me!) to stay a bit more hopeful, optimistic and healthy, during these seemingly ever-darkening hours.

Also providing a bit of hope and inspiration today, some more news from Tuesday's primary elections, in which an extraordinary progressive 28-year old Latina from The Bronx unseated a 10-term Democratic member of the U.S. House Leadership establishment in New York's Democratic primary, despite being outspent 15 to 1; A record third LGBT person this year has now won a Democratic nomination for Governor, this time in Colorado; And Oklahoma voters unseated a host of Republicans in the state House and Senate who voted against recent tax increases to fund education following a two-week long teacher walk-out and years of slashed funding to pay for massive corporate tax cuts; And, as if that's not enough good news from supposedly "conservative" Oklahoma, voters also approved a citizen-sponsored statewide ballot initiative for medical marijuana, in defiance of GOP elected officials and a well-funded campaign against it. We join Steven Colbert's celebration on that today.

Finally, Desi Doyen joins us for the latest Green News Report, with more on Kennedy's climate legacy at SCOTUS, environmental concerns in the wake of his retirement, and a few other encouraging results from this past Tuesday's primaries in seven states...

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On today's BradCast, we have not one, but two important and separate warnings for Donald Trump and the Republican Party, as pulled from the deep audio archives of 1988. Both of which --- on two separate topics from two separate people --- they seem to be completely ignoring, even as one of those warnings comes from their supposed idol Ronald Reagan. [Audio link to show posted below.]

First up today, the Trump-caused child immigration crisis continues to unfold with several disturbing new reports of unspeakable abuse at two separate federally-contracted facilities, based on filings in new federal court cases. One from Associated Press on beatings and more at a youth facility in Virginia and the other from the Center for Investigative Reporting on the forced injection of psychotropic drugs at a facility near Houston. That, as an Executive Order signed by the President on Wednesday, reversing part of his Administration's policy, fails to speak to family reunification for more than 2,300 children separated from their parents in recent weeks under Trump's "zero tolerance" border policy, and an Administration request to the Pentagon for space to house some 20,000 migrant children.

While all of those American nightmares have been unfolding over the past week, the effects of Trump's growing trade war have been quietly playing out in the background, as the Dow has dropped some 600 points over the past four days, with China and friendly allies like Canada, Mexico and the EU vowing massive and swift retaliation for ill-considered tariff's on foreign imports instituted by Trump. Among the hardest-hit victims of his new trade wars: farmers who were among some of biggest supporters of Trump's candidacy in 2016.

Perhaps that explains why, as share in an audio clip from 1988 today, Ronald Reagan warned: "We should beware of the demagogues who are ready to declare a trade war...all while cynically waving the American flag."

Next, we're joined by MARK JOSEPH STERN, legal reporter at Slate, and our "Supreme Correspondent" this month, as the U.S. Supreme Court slowly releases a bevy of decisions in advance of their planned Summer recess, on a number of major cases heard at the high court over the past term. Among the cases we discuss today:

• On Thursday, SCOTUS released a 5 to 4 decision allowing states to impose sales taxes on all online purchases. The ruling found some very strange bedfellows in both its majority and minority opinions, but both Stern and I agree, the decision makes sense, and will be good for local retailers, jobs, the economy and state budgets where, particularly in "red" states, tax cuts in recent years have lead to the gutting of education, infrastructure and other important social services. The 1967 SCOTUS ruling struck down today, was "a totally capricious standard that the Court created itself," Stern argues. "This was the Court fixing a problem that it made."

• Stern also details an exceedingly troubling --- if little reported --- case out of South Dakota, where a man was found guilty of murder and sentenced to death, according to jury members themselves, they feared, as a gay man, he might enjoy life in prison too much. Seriously. Perhaps the most disturbing part of this matter: the Court declined to hear the case at all. Even the liberal Justices failed to offer a written dissent to the Court's decision.

• We also discuss the SCOTUS' regrettable punts this week on two partisan gerrymandering cases in Wisconsin and Maryland. (More on those cases earlier this week, with author David Daley on Monday's BradCast.)

• And the seemingly unprecedented federal court smack down of Kris Kobach, notorious GOP "voter fraud" fraudster and Kansas Secretary of State. His "Proof of Citizenship" voter registration law was struck down by a George W. Bush-appointed federal judge, and he was slapped for his contemptible performance in the courtroom --- where he represented both himself and the state of KS --- with more humiliating sanctions that include an order to attend six hours of legal classes. Moreover, as Stern reports, Kobach appears to be in still more violation of court orders, as he has yet to remove the requirement for citizenship documentation for voter registration from the KS Sec. of State website, as the judge ordered him to do "immediately" in her ruling on Monday.

  "I think that there is a decent chance that we could see even more sanctions for Kobach after this," Stern tells me. "Kobach is such a clown that this judge is going to finally have to bring down the hammer and I think it's going to be a glorious sight." (More on that case, with Sophia Lakin, one of the ACLU trial attorneys on the case, from Tuesday's BradCast.)

• Previewing the cases still to come before the end of the month, Sterns warns: "I think the Supreme Court is going to hobble public sector unions by preventing them from collecting dues from no-union members. I worry the Supreme Court is going to uphold the [Muslim] travel ban. I do think the Court may put real limits on the government's ability to collect information about where your cell phone has been from your provider. That's going to be a bright spot, I hope. But I also think the court's going to end up striking down California's disclosure requirements for crisis pregnancy centers. So, this is s not going to be a good term for progressives. I think everyone needs to just buckle in and focus on November."

Finally, Desi Doyen joins us for the latest Green News Report on a number of important issues that the Trump Administration did quietly this week as the rest of the nation and media were consumed with the child immigration story, and the 30th anniversary of Dr. James Hansen's first dire warning to Congress --- also in 1988 --- about the then-looming menace of global warming due to the unprecedented release of greenhouse gasses, such as carbon dioxide from the manmade burning of fossil fuels, into the atmosphere...

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On today's BradCast: As voters head to the polls in eight states (CA, AL, IA, MS, MT, NJ, NM and SD) on Tuesday, we cover a few "sorta victories" elsewhere for now, including at the U.S. Supreme Court. [Audio link to show is posted below.]

Reports of problems at the polls have already cropped up, however, in South Dakota, where electronic pollbooks failed in eight counties, and here in Los Angeles, where a "random issue with the print job" on paper rosters at polling places, according to the County Clerk, has led to some voters needing to cast provisional ballots.

As we await election results and likely reports of more problems elsewhere, a "sorta victory" for Twitter users who had sued the President after he blocked them on Twitter. Those seven plaintiffs were finally unblocked by Trump after a federal court found last month that he was violating their Constitutional First Amendment free speech rights. But, on the same day those seven were unblocked, the Dept. of Justice appealed the court's ruling anyway.

In Alabama, another "sorta victory" as the story of Sec. of State John Merrill blocking folks on Twitter for pointing out his errors as the state's top election official, has finally been picked up by the corporate media in the state. That, just hours before voters headed to the polls, with Merrill himself on the ballot. The coverage comes after we first reported on Merrill's behavior months ago (when he blocked me for being right about the state's computerized election tabulators), and again last week after he sent me a flurry of insane emails [PDF] in response to a simple query as to whether he planned to unblock followers now that a federal court has found his behavior to be in violation of the U.S. Constitution. The Montgomery Advertiser's weak coverage, however, largely serves to offer the Sec. of State a platform to call election experts and journalists "trolls" (for being correct and polite), while still refusing to unblock them.

In Arizona, a lawsuit against the state for keeping tens of thousands of registered voters off the rolls for failing to provide "proof of citizenship" before being allowed to vote has now been settled with a consent decree that will enfranchise many voters, even if it will still result in thousands being disallowed from voting in state and local contests. So, a "sorta victory" there as well.

And, at the U.S. Supreme Court this week, a "sorta victory" for both anti-gay bigots and civil rights advocates as the long-awaited ruling in Masterpiece Cakeshop v. CO Civil Rights Commission, a case involving a Colorado baker who refused to make a cake for a same-sex couple's wedding reception is finally decided by a narrow 7 to 2 ruling in favor of the baker...sorta.

Slate legal reporter MARK JOSEPH STERN joins us to explain how Justice Anthony Kennedy, with his majority opinion. tries to "have his cake and eat it too," by largely kicking the can down the road for another day, while ostensibly siding with the baker against the state Commission on rather dubious religious freedom grounds.

The decision, however, also appears to strengthen the existing right of states to bar discrimination by similar businesses on the basis of sexual orientation. So much so, that, under the ruling, the two plaintiffs, according to their ACLU attorney, should be able to walk into Jack Phillip's Masterpiece Cakeshop in Lakewood, CO today and purchase a cake for their wedding anniversary, if they wished. If they are blocked, that would be in violation of the Constitution. Nonetheless, a definitive opinion from SCOTUS on the issue of discrimination on the basis of sexual orientation will have to wait for another day.

"If the Supreme Court applied the same standard to the [Trump] travel ban case as they have applied to Masterpiece, the Court would have no trouble striking down the travel ban as a violation of First Amendment religious freedoms," Stern tells me, when I ask whether Kennedy's weak religious liberty argument here may apply more to some religions than others. "Unfortunately, I do not think the court is going to be consistent. I think, instead, the Court's going to wind up applying a much stricter standard when it's Christians' rights on the line, than when it's Muslims' rights on the line. And we're all going to be very disappointed in this kind of inconsistent religious liberty --- 'for me, but not for thee.'"

Stern offers smart insight on the Court's opinion(s) --- which were widely misreported elsewhere on Monday --- as well as another decision this week from the Court on the Trump Administration's failed attempt to punish the ACLU for supporting a teen immigrant who sought a lawful abortion after being detained at the border. That ruling, at least, was a complete victory, he explains, not just a "sorta" one.

Finally, Desi Doyen joins us for the latest Green News Report, with news on two deadly volcanoes in Guatemala and Hawaii, the Administration's new scheme to bail-out the coal industry, Canada's new scheme to nationalize a controversial pipeline, and more distressing fossil fuel and climate change news...

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On today's BradCast: The nation appears to be lurching ever closer to a full-blown Constitutional Crisis, as Trump and his team offer a series of extraordinary and largely unprecedented (save for Nixon) claims in support of sweeping Presidential powers, over the past few days, which would place the Executive completely above the rule of law. [Audio link to show is posted below.]

Over the weekend, Team Trump was once again on the offensive in the media, following the disclosure of a 20-page letter sent by Trump's attorneys to Special Counsel Robert Mueller in January, wherein they argued, among other things, that Presidents cannot legally be subpoenaed to appear before a grand jury, cannot be guilty of obstruction of justice, since they have unfettered power over all Dept. of Justice investigations, cannot be indicted while serving, and have absolute power to pardon anybody for any crime at any time for any reason.

Moreover, on Monday, Trump took to Twitter to charge that the Mueller probe is, itself "totally UNCONSTITUTIONAL" (his caps) and that he has "the absolute right to PARDON" himself. Many constitutional law experts disagree with many of those points.

In response, author, blogger, Slate contributor and Fordham University School of Law legal historian JED SHUGERMAN joins us on today's show to offer historical, legal, and Constitutional points of clarity and precedent on the power and scope of Presidential pardons, subpoenas, indictments and the expansive interpretation of those powers that Trump and his attorneys have been proffering in recent days.

Among the historically relevant cases and precedents referenced by Shugerman today: United States v. Richard Nixon, Bill Clinton v. Paula Jones, and even the more recent case of Rod Blagojevich, who, Trump recently said, he was considering pardoning after the disgraced Illinois Governor was convicted for trying to sell off the vacant U.S. Senate seat left by Barack Obama when he became President. "It's no accident that Trump is talking about pardoning [Blagojevich]," argues Shugerman, detailing how Trump sees him as unfairly convicted for simply using his constitutional powers, "even with a bribe, because that's just politics as normal. It's an incredibly cynical move."

"Just because the Constitution gives someone the power to do something, it doesn't mean they can use it for whatever purpose they want," he tells me. "Even if you have five good reasons for doing something, but one illegal reason, that illegal reason still makes it illegal."

"The Constitution says 'the President shall take care that the laws be faithfully executed'," Shugerman notes, while explaining why many of the current arguments being made by Team Trump may work effectively for propaganda purposes, but appear to have little legal basis or precedent, particularly while describing that a President would be acting "faithlessly" by pardoning himself. But, even if that happens, he says, he is confident (more so than I) that state prosecutors who are unbound by federal pardons, will pick up the prosecutorial ball against Trump and his cohorts.

[Update 6/5/2018: Shugerman and more than a dozen other distinguished constitutional law experts outline their case against Trump's expansive pardon powers claim in a letter to Trump's Whitehouse attorneys now posted here.]

Shugerman also describes the "bombshell" disclosure from that newly revealed letter from Trump's lawyers, in their admission that the President "dictated" the false written response from Don Jr. after the disclosure of the infamous June 2016 Trump Tower meeting with Russian nationals to receive "dirt" on Hillary Clinton.

Also on today's show...

• Republican House Majority Leader Rep. Kevin McCarthy --- believed to be the front-runner to become the next Speaker of the House if the GOP maintains control of the chamber this November --- refused to respond to CNN's on-air questions over the weekend about the Trump attorneys' concession that they and the White House had lied to the public about the infamous 2016 Trump Tower meeting;
• Despite his continuing lies and chaotic presidency, Trump remains wildly popular among Republicans, according to Gallup. As of his 500th day in office, he enjoys a higher "own party" approval rating than any other President since WWII, other than George W. Bush (following 9/11), at a similar point in their presidencies;
• The U.S. Supreme Court allows a baker in Colorado to discriminate against a gay couple. (More on this tomorrow.)
• Corporate CEOs are now admitting out loud that, despite record profits, a theoretically booming economy and huge recent tax cuts, they have no intention of raising pay for workers;

And, on the day before 2018 mid-term primary elections are held in eight states tomorrow, an Election Integrity author rings in to remind us that Russia isn't the only threat to vulnerable, easily-manipulated computerized election results in the U.S. --- not by a long shot...

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On today's BradCast: It was a huge night in Wisconsin on Tuesday, as a progressive candidate for the state Supreme Court trounced a so-called 'conservative' who was backed by another full court press by state and national GOP groups. [Audio link to show follows below.]

It was the first such victory for a progressive vying for an open seat on the state's high court in almost 25 years. Or, as our guest today, author/journalist and Wisconsin's own JOHN NICHOLS describes it: "The first statewide race that really pitted left against right in this kind of way, in the country, in 2018. And the progressives won. And they didn't win by a little."

In fact, the reported results find that progressive Milwaukee County Circuit Court Judge Rebecca Dallet crushed Sauk County Judge and GOP attorney Michael Screnock, "literally a point-man for much of [Gov. Scott] Walker's agenda", says Nichols, by 12 points. Walker also saw his ballot proposition that would have done away with the statewide office of Treasurer --- allowing the executive office more control over billions in public education funds and tens of thousands of square miles of public lands --- defeated by an even larger margin.

For his part, Walker, who faces re-election this November, took to Twitter to warn again of a "#BlueWave" coming this November, a continuation of the "WAKE UP CALL" panic he first unleashed after a long-held Republican seat in the State Senate was lost to a Democrat in a special election in January. Nichols observes: "One of the most disciplined political figures in the United States, a guy who really, by any measure, keeps his calm through some of the toughest political fights you've seen, appears to be losing it. He appears to be freaked out by election results he can't control."

"I must say it's especially nice to be talking about something good happening in Wisconsin, rather than our many complex and sad stories," adds Nichols, describing last night's outcome as "the first genuinely good election night for Wisconsin progressives" in many years.

Nichols and I also discuss --- and, yes, debate --- the danger to democracy posed by partisan judicial elections like those in the Badger State and elsewhere across the country. And The Nation's Washington Correspondent and longtime Associate Editor of Madison, Wisconsin's Capital Times also rings in with his thoughts on whether U.S. House Speaker Paul Ryan (R-WI) could actually be unseated this November and/or whether he might drop out of the race all together.

Also today: Progressives in Alaska appear to have defeated a so-called "bathroom bill" referendum in Anchorage that would have gutted the city's anti-discrimination law for transgender people; GOP-backed legislation to replace 100% unverifiable touch-screen voting systems with HAND-MARKED paper ballots moves forward in Missouri's state legislature, despite shameful resistance from Democrats; And Pennsylvania begins to move away from 100% unverifiable touch-screen voting, but leaves the door wide open for unverifiable computer-marked paper ballots, using weasel words in its announcement for vendor bids, seeking systems that feature a "voter-verifiable paper ballot or voter-verifiable paper record of votes cast by the voter" (as opposed to systems featuring hand-marked voter-verifIED paper ballots.)

Finally, we pause to honor the memory of Dr. Martin Luther King, Jr., who was assassinated 50 years ago today --- while the fight for "what kind of nation we are and what direction we want to move in," as Bobby Kennedy asked on the night of King's death, still continues...

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We catch up with a lot of news today, at the end of another ridiculously busy week, on today's very busy BradCast! But, hey, we start with a laugh and end with a song. So, it can't be all that bad, right? [Audio link to show follows below.]

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

• Donald Trump's horrendous idea for arming school teachers and workers appears to have come straight from Archie Bunker, and it won't work out well, especially for black teachers;
• After the NRA's A+ rated, Florida Gov. Rick Scott joins the NRA's A+ rated Florida Sen. Marco Rubio in blowing away Second Amendment straw-man arguments, he proposes a package of tepid gun reforms for the state in the wake of the Parkland, FL massacre, including barring those under 21 from buying a semi-automatic rifle;
• A handful of D.C. GOPers also consider raising the federal age for gun purchases (though don't hold your breath, the NRA is against it.);
• The problem isn't 'Washington' or 'Congress', it's Republicans, and it's time to remove them from office at the federal, state and local level;
• After new charges against him and former Trump campaign chair Paul Manafort were filed on Thursday, Manafort's partner and former Trump aide Rick Gates copped a guilty plea on Friday and agreed to cooperate with Robert Mueller's Special Counsel probe. Mueller filed even more new charges against Manafort on Friday;
• Trump may be about to fire his second National Security Advisor, Gen. H.R. McMaster;
• Did Melania Trump's parents receive permanent U.S. residency, and soon citizenship, thanks to the "chain migration" (family reunification) program that Donald Trump and the GOP are hoping to kill in exchange for protection of DACA kids?;
• Fox "News" reports that Defense Sec. James Mattis has quietly decided to allow transgender troops to serve in the military, despite Trump's declaration last year that they would be barred from serving "in any capacity";
• New effort launched by Democrats and gun reform advocates to register high school students to vote in advance of the 2018 mid-terms;

And, finally, some closing thoughts on the heroically shining students of Marjory Stoneman Douglas High School and their performance of the song they wrote just days after a former student, armed with a legally purchased semi-automatic weapon, killed 17 of their fellow students and teachers and wounded more than a dozen others...

[Note: Angie Coiro is in for us on the next BradCast as we take a day off for Desi's birthday! If you'd like to give her a much-deserved birthday gift, please do so in any amount, at BradBlog.com/Donate! And thank you!]

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On today's BradCast, we take a deep dive into the insane state of play in the final days before voters finally head to the polls in Alabama for the U.S. Senate special election between the Republican, twice-removed-from-the-bench judge Roy Moore and Democratic former US Attorney Doug Jones.

But first, a few quick news items today, including an update on the still-out-of-control Southern California wildfires; The mostly-failed terror bombing by an alleged ISIS sympathizer in the subway near Times Square today; news in the case of three white rightwing "militiamen" on trial for an alleged scheme to bomb a community of Muslim Somali refugees in Kansas. Their motion seeks to get more Trump-supporters from elsewhere in the state on their terror trial jury; New details on the school shooting (by another white guy) in New Mexico last week that took three lives, including that of the shooter. Despite FBI investigators interviewing the man last year after he is said to have left online comments seeking information on weapons to use in a mass shooting, he was able to legally purchase a semi-automatic pistol and high-capacity magazines last month anyway.

And then it's onto our deep dive into "deep red" Alabama and the state of the important Moore/Jones U.S. Senate election before Election Day on Tuesday. Among the issues covered on that front today:

• Election Integrity advocates obtained a big win on Monday morning, when receiving an order [PDF] from a state court requiring state election officials retain digital ballot images created by computer scanners tabulating the paper ballots used across much of the state. (My interview last week with John Brakey, the election integrity advocate who organized the court action, explaining why its necessary, is here.)
  UPDATE 12/12/2017: After a private ex parte motion (meaning, the opposition was not present) later in the day, by the defendants, AL's Sec. of State and State Election Director, the Alabama Supreme Court stayed the earlier Circuit Court ruling and set a hearing on the matter for later this month. That, effectively, means that ballot images will not be preserved after all. More on this remarkable late ruling on today's BradCast...
• Some last minute news on the anti-gay, anti-Muslim Moore, who has been accused by 9 different women of inappropriate sexual contact with them when they were teenagers (including one who was 14-years old at the time), on his belief that Constitutional Amendments which came after the ten in the Bill of Rights --- including those that ended slavery and gave voting rights to African-Americans and woman --- somehow violated the intentions of the nation's Founders;
• New polling from Fox "News" claiming to find the Democrat Jones up by 10 points over Moore on the eve of the election, and another new poll from Emerson finding Moore up over Jones by 9 points;
• How the entire race will come down to turnout, particularly in the African-American community, and whether they are allowed to vote and to have their votes counted as cast, given the state's Photo ID voting restrictions and other practices which Republican state lawmakers have been caught admitting to having designed specifically to suppress black and Latino voting;
• AL's senior Senator Richard Shelby, a fellow Republican, announces he could not vote for Moore, based on the allegations against him;
• And, finally, a remarkable focus group led by Republican pollster Frank Luntz for VICE News with so-called "conservative" Alabamians explaining why they plan to vote for Moore despite the allegations by nine different women against him...

Buckle up!...

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On today's BradCast: Another day, still more chaos in these United States, threatening to all but drown out two major civil and privacy rights cases heard this week by the U.S. Supreme Court and covered in detail on today's show. [Audio link to full show is posted below.]

But first, Desi Doyen joins us for an update on the out-of-control wildfires in and around Los Angeles today, threatening tens of thousands of structures and many more residents, who have been forced to flee several large blazes fueled by dry conditions and record winds. Also in danger: Animals, priceless works of art and one of Rupert Murdoch's mansions.

Next, calls from fellow Democrats for Sen. Al Franken to resign blew up on Wednesday in the U.S. Senate, after another unnamed woman reportedly stepped forward to claim the Minnesota Senator tried to kiss her after a radio program back in 2006. Franken denies the claim and calls it "preposterous", but may be forced to resign anyway on Thursday, less than one week before Republicans in Alabama may elect Roy Moore, an accused child molester, to the same U.S. Senate. Desi has a few choice thoughts on the Franken matter as well.

Then, we're joined by Slate legal reporter MARK JOSEPH STERN, to discuss two important cases heard at the U.S. Supreme Court this week. Stern, who was at the Court during oral arguments for both, explains what is at stake in each, and how the Republicans' blatantly stolen seat occupied by Justice Neil Gorsuch will radically effect each case.

The first, Carpenter v. United States has to do with the U.S. Government's argument that law enforcement has the right to obtain anyone and everyone's cell phone location data, even without obtaining a warrant from a court first, in what appears to be a clear violation of the U.S. Constitution's 4th Amendment privacy rights for freedom from unreasonable search and seizure.

"The case almost sounds too crazy to be true," Stern tells me, detailing the Government's argument that "because customers voluntarily turn over the data to a third party --- their cellphone companies," which keeps records of which cell phone towers are used and by whom, customers "have no right to privacy with regards to that information."

The second, Masterpiece Cakeshop v. Colorado Civil Rights Commission is an even more insane "free speech" and "religious expression" case. It was brought by a virulently anti-gay baker in Colorado who claims his bakery shop has the First Amendment right to discriminate and refuse to sell a cake to two men celebrating their same-sex wedding. The Colorado Civil Rights Commission and the state courts disagreed with the baker, Jack Phillips of Masterpiece Cakeshop, who appealed to the U.S. Supremes. Surprisingly they took up the case after Phillips was also joined by Trump's U.S. Department of Justice over the summer.

Stern details the liberal Justices' skeptical (and even hilarious) questioning of whether Phillips' argument that he is an "artist" exercising creative free speech --- not blatant discrimination --- could also be extended to florists and hair stylists and make-up artists, among many others.

"This is an embarrassment," says Stern. "What happened here is a clear-cut case of discrimination." He also highlights one key irony underscoring the entire case: "The Supreme Court's conservative justices have really been lecturing gay people for years that they should stop turning to the courts to vindicate their rights and, instead, go through the democratic process to secure their equality under law. And here we have a case of gay people doing exactly that. Gay people in Colorado fought long and hard to change the law to protect their right to equal service in public accommodations. They succeeded. And now, those same Supreme Court conservatives who said you have to do this through democracy, are now poised to say, 'Actually you don't get to this,' and nullify the rights that they secured through the democratic process."

Depending on how Justice Kennedy decides in a likely 5 to 4 opinion one way or another --- on a case that would have been a cake walk for civil rights advocates before Republicans stole the Court majority --- what could very well result is legalization of mass discrimination of people of all races, religions and sexual orientations by any and all manner of businesses in the U.S. for decades to come...

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On today's BradCast: With the Thanksgiving holiday upon us, we take a short break from the grimmest of news on today's show to dig deep and find at least a few things to be thankful for this year. Sort of. [Audio link to show is posted below.]

With every bit of good news we find, there seems to be some less-than-good news to go along with it. Still, we do our best today to keep both your heads and mine from exploding for a change. Among the manystories covered on today's show...

Sign-ups for the Affordable Care Act ('ObamaCare') are actually up this year, despite the Trump Administration's work to undermine the federal law and keep Americans from knowing about the Open Enrollment period at all. (It runs through December 15 at Healthcare.gov). But, given the shortened Open Enrollment period, there would need to be a far higher number of signups to match last year's totals. Still, a surprising number of "free" policies are available this year and Trump supporters finally appear to be realizing that he is the one undermining their health care.

While temperatures are breaking records out here in Los Angeles (it hit a record 93 degrees today, and broke the century mark in a nearby coastal town), a new report presented at the recent U.N. climate talks in Bonn, Germany finds that the world could move to 100% renewable electricity with existing technologies by 2050, and it would be less expensive than continuing to generate power with fossil fuels and nuclear energy!

There's even some good-ish news regarding guns in the U.S. A bipartisan measure to improve background checks for gun purchases, following a number of recent mass shootings, has been introduced in the U.S. Senate. Also, new polling finds that an incredible record of 94% of gun owners support universal background checks for all gun sales (and a majority of them would also support a ban on the sale of assault weapons entirely!)

In Australia, a nationwide referendum results in overwhelming majority support for marriage equality. In Palm Springs, CA, voters have just elected the first all-LGBTQ City Council in U.S. history. And, in related-ish news, Sec. of State Rex Tillerson appears to disagree with his boss, Donald Trump, regarding rights for transgender people.

And, finally, a recent demonstration by Nazis and White Supremacists in Tennessee was met by a huge resistance of counter-protesters that effectively shut down the demonstration (and another one scheduled for later in the day) entirely. Documentary filmmaker David Earnhardt was on the scene in Shelbyville, TN, and spoke to counter-protesters who stood up to shut down the Nazis. We share some of his interviews on today's show. You can watch his entire short film here.

So, see? There are quite a few things to be thankful for this year after all...Sort of...

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On today's BradCast: The bloodbath for Republicans in Tuesday's off-year elections and a great idea for how Democratic states can take action against real bloodbaths immediately by helping victims of gun violence with a tax against the industry that works around both the 2nd Amendment and federal immunity from lawsuits granted by Congress. [Audio link to show follows below.]

One year to the day after Donald Trump was named the winner of the Presidency in 2016 (while losing the national vote by 3 million), we review what appears to be the remarkable 'blue tidal wave' that swept across much of the country in Tuesday's contests in about one-third of the states. From big races to small, from high office to city councils and boards of education, voters turned out in impressive numbers and Democratic candidates reportedly performed very well in the bargain wherever they ran.

Democratic candidate Ralph Northam walloped the Trump-supported GOP candidate Ed Gillespie by some 9 points for Governor in Virginia, a clear rebuke to both the President and the racially-based scare campaign both he and Gillespie ran on. Democrats also won for Lt. Governor (only the second African-American to win statewide since the Civil War) and for Attorney General. In perhaps the biggest surprise in the state, voters also turned out at least 15 Republicans from the state's House of Delegates which, depending on some challenges and "recounts", may result in a stunning Democratic takeover of the state's lower chamber that had a 66 to 34 GOP majority before last night. (VA also moved from 100% unverifiable touch-screen voting systems to optically-scanned hand-marked paper ballots this year. So, at least there will be something to count in "recounts" there this year.) Minorities of all sorts --- including the first openly transgender candidate who replaced a homophobic hard right incumbent --- won in the VA House, where Dems out-voted the GOP by more than 200,000 votes. Nonetheless, thanks to Republican gerrymandering, they may still end up in a slim minority there.

Dems also took over the gubernatorial mansion in NJ from the wildly unpopular Chris Christie and won re-election for mayor in NYC by a landslide. African-American candidates won mayoral victories for the first time in cities from North Carolina to South Carolina to Georgia to Montana to Minnesota. Topeka, KS picked up its first Hispanic mayor and Hoboken, NJ now has its first Sikh mayor. And, in Maine, voters overwhelmingly approved the expansion of Medicaid under the Affordable Care Act, which will result in health care for some 80,000 Mainers if the dumbest Governor in the nation, Paul LePage, stops blocking it. (It is also likely to inspire similar ballot initiatives in 2018 in other states where Republicans are denying federally-funded health care to their own residents.) It also appears that the last Republican-controlled legislature on the West Coast, the Washington state Senate, has fallen to Democratic-control, creating a "Blue Wall" of states in the West from Canada to Mexico. So it was a good day for Dems, and seemingly a very troubling omen for Trump and the GOP in 2018.

Meanwhile, it's been just days since 26 were massacred and 20 others shot by a man with a semi-automatic rifle in Sutherland Springs, TX. But Republicans have already made clear they intend to take no legislative action in response. Our guest today, however, legal reporter MARK JOSEPH STERN of Slate, has a fantastic idea that Democratic-controlled states could implement almost immediately. It's one that works around the NRA's 2nd Amendment challenges, as well as the outrageous federal "Protection of Lawful Commerce in Arms Act" (PLCAA) of 2005, which largely granted total immunity to gun manufacturers and dealers from lawsuits filed by victims.

"PLCAA is an entirely unique law. There is literally nothing else like it in the federal code," Sterns explains. "This law literally erased hundreds of years of laws and statutes, and jury verdicts, and forced all states to comply with this federal statute that basically prevents anybody from successfully suing a gun manufacturer or a gun seller, and gives them complete immunity to be as negligent as they want."

Stern's idea, as he explains, would result in help for victims of gun violence (more than 300 per day across the country) and their families, who often face bankruptcy after such incidents, as gun violence costs some $2.8 billion each year in health care costs alone. The measure would also force the gun industry to finally pay up for at least a small part of the unspeakable damage, pain, suffering and injury that they help to inflict every day on Americans.

State's "need to propose a special tax on the income of gun manufacturers and gun sellers that is high without being exorbitant. Tax their profits at every stage. They make a huge amount of money, so this would not burden them. This would not shutter manufacturers. But it would force them to pay a lot more, millions more, every year in taxes. What the legislature needs to do is take this extra revenue and place it in a fund that is explicitly designated to be paid out to victims of gun violence. When people are shot, and it is not at all their fault, they should be able to draw money from this fund to pay for their medical expenses and other care. There should be no cap, no limit on it. And no one would be able to raise a Constitutional objection. This is perfectly compliant with the Second Amendment and PLCAA."

Listen to today's show and please see Stern's excellent piece at Slate this week as well. Then get your state legislators busy! Many already have similar funds for victims of all sorts, like those harmed by the vaccine industry. This, Stern argues, should be a no-brainer for states like California and, perhaps now, even Virginia.

Finally, we close today with a few comments from Stephen Colbert that help bring all of the topics discussed on today's show together and into stark perspective...

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On today's BradCast: More evidence, if you needed any, that President Donald Trump doesn't really know much about anything...at all...at least when it comes to public policy and all the stuff that Presidents are actually supposed to understand. [Audio link to show follows below.]

First up, following Tuesday's truck terror attack in lower Manhattan, which resulted in 8 dead and 11 seriously injured, Trump went quickly to Twitter to call for immediate policy changes on immigration, "to step up our already Extreme Vetting Program". The NYPD says the driver of the truck, a 29-year old man from Uzbekistan, who legally immigrated here in 2010, carried out the attack "in the name of ISIS". That may help explain why Trump called for swift action --- including changes to our Constitutional system of justice --- as contrasted with so many other terror attacks of late carried out against Muslims or by white perpetrators. He has simply ignored many of those entirely, or otherwise failed to call for any changes to policy or legislation that might help prevent or deter such attacks.

Speaking of which, its been barely one month since a wealthy white man shot nearly 600 Americans in Las Vegas in a matter of minutes, killing 58 of them. Trump did not describe the killer in that incident as an "animal", as he did today in reference to the alleged perpetrator of Tuesday's attack in lower Manhattan, nor did he call for swift policy action --- or any policy changes at all, for that matter --- even after what was the worst mass shooting in modern U.S. history.

Despite an early bi-partisan Congressional response to the Vegas Massacre, calling for legislation to ban so-called "bump stock" devices that turn semi-automatic weapons into full automatic weapons, as used by the Las Vegas shooter, that legislation has stalled (died?). But --- good news for the terror-enabling NRA! --- the company which sells the inexpensive deadly devices has announced they are once again available for purchase!

Then, lost amid another very busy week of breaking news, is the ruling by a federal court judge blocking (for now) Trump's Twitter-announced policy banning transgender people from the U.S. military. In her 76-page opinion, Judge Colleen Kollar-Kotelly found the Trump Administration directives to the Pentagon to overturn President Obama's removal of the military trans ban, "do not appear to be supported by any facts".

Author and Constitutional law expert IAN MILLHISER of ThinkProgress joins us to explain the ruling, how Trump's order contrasts with the carefully considered and well-studied directive from Obama, why Millhiser sees this case --- like Trump's attempts to ban Muslims from certain countries from entering the country --- as evidence that the President is a "lazy, incompetent and bumbling goon" who does not understand the law or how public policy actually works, and whether the U.S. District Court's ruling will be upheld by the stolen Republican majority on the U.S. Supreme Court.

"What the judge said in this case, which is really quite interesting," Millhiser explains, was that "when Obama lifted the trans ban, there were studies, there were surveys, there was a lot of consultation with experts, there was a vigorous investigative process, and the determination was that it was in the best interests of America's national security to allow trans people to serve openly. Trump didn't do any of that. He just got out his phone and tweeted. In fact, all of the current government inquiries into this question are the Obama-era ones. So Trump did this in contravention of what his own military was telling him was the right thing to do."

Finally, Trump's recent ridiculous comments about the stock market and the federal debt --- and his absurd tweets today about the Affordable Care Act mandate and tax cuts --- further underscore the President's virtually complete lack of knowledge about how government or laws actually work. All of this on the first day of Open Enrollment for the Affordable Care Act ("ObamaCare") at HealthCare.gov. As you know by now, the Administration has attempted to sabotage the popular Obama-era law and has failed to publicize its Open Enrollment period for 2018 --- which has been cut from three months to just six weeks --- and, apparently, left to President Obama to actually inform the American people about!...

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On today's BradCast, the years of ignored warnings in Houston, as the devastation continues, and what Trump did as the storm came ashore, threatened millions of Americans. [Audio link to show follows below.]

As unprecedented rains from Hurricane Harvey continue to overwhelm Houston, Texas and surrounding areas with as much as 50 inches of catastrophic flooding, the storm is now moving slowly back into the Gulf of Mexico, where it may regain strength for a second landfall on the Texas/Louisiana border. Rainfall is likely to double between now and the end of the week.

My producer and Green News Report co-host, Desi Doyen, a Texas native, joins me to discuss why evacuation orders weren't issued for Houston, before we go on to review the years of warnings about this very type of event amid the recent population boom in Harris County (Houston), the nation's 3rd most populous county.

As it turns out --- as revealed in an excellent and detailed investigative report published by The Texas Tribune and Pro Publica late last year --- the County's 18-year flood manager aggressively dismissed those warnings for years and marginalized the scientists repeatedly offering them. All, while denying the threat of over-development and destruction of flood-mitigating wetlands, poor (and poorly enforced) flood mitigation regulations, and the ever-increasing devastation of such storms due to climate change.

Also today: the "uncharted territory" of the President of the United States issuing a pardon to notorious Maricopa County (Phoenix) Sheriff Joe Arpaio --- even as the Category 4 hurricane was bearing down on Houston late Friday night --- after Arpaio was convicted for contempt of federal court orders. Arpaio had, for years, unlawfully and unconstitutionally profiled Latino-looking residents in defiance of the Court. But much of what else he did during his reign of terror as Sheriff was far worse than that, as the Phoenix New Times had long reported, and as we also detail today. Even more troubling, however, is the intended message of Trump's pardon to both law enforcement officials, the federal judiciary and the Constitution itself.

And, as if all of that isn't enough, as we took to the air today, North Korea reportedly fired a missile that passed over northern Japan. It's another harrowing show today as the wheels continue to come off the world...

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