It's one of those dark days on The BradCast. But we don't make the news, we just cover it. [Audio link to full show follows this summary.]

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

• NY Attorney General Letitia James releases a report finding Gov. Andrew Cuomo sexually harassed as many as 11 staffers and retaliated against one of them, in violation of both federal and state law. The third-term Democratic Governor continues to deny the charges compiled over 5 months by the AG and refuses to step down. President Biden joins the chorus of calls for Cuomo's resignation. The NY State legislature announces they will soon conclude their impeachment inquiry.

• New York City's outgoing Mayor, Bill de Blasio, announces that patrons of indoor leisure venues such as restaurants, gyms and shows will soon be required to show proof of vaccination. It's the first major U.S. city to require vaccination for use of businesses as the deadly and highly transmissible Delta variant of the coronavirus wreaks havoc, even in places like NYC where a higher-than-average percentage of the population has been smart enough to become vaccinated.

• We continue to share heartbreaking stories of those who waited to too long --- for any number of usually terrible reasons --- to get vaccinated. Today's story features a husband and wife in Texas who didn't trust the vaccine, but now wish they had. They've both been "very, very, very, very sick" in the ICU and on ventilators for weeks. They are now begging relatives to make sure their four children get their shots, as it was too late for both parents to do so.

• Florida is leading the nation of late in infections, hospitalizations and deaths, breaking their own pandemic records on the first two data points over the past several days. President Biden today noted that the states of FL and TX now account for one-third of all cases in the U.S. and called on their GOP Governors to stop making things worse by blocking local health mandates. But, Louisiana is also breaking its own pandemic hospitalization record, leading Gov. John Bel Edwards (D) to reinstate indoor masking mandates and Dr. Catherine O'Neal, Chief Medical Officer of the state's largest hospital, to issue a dire statement on Monday. She calls these the "darkest days" of the pandemic in her state, and is begging residents to mask up and get vaccinated. ERs in the state, she explains, are now unable to treat non-COVID patients, such as those having heart attacks or suffering from vehicle injuries.

• Whether the CDC will say it out loud or not, Pulitzer Prize-winning science reporter Laurie Garrett argues that the "science says" a third mRNA shot is going to be needed for all Americans --- and that those over 60 should already be getting them.

• And, yup, as TPM's Josh Marshall recently argued, citing the damage that mixed-messages from public health officials is causing, including to their own authority, while trying to coddle the voluntarily unvaccinated, "we need more blame": "We need to be placing the burdens on non-vaccination on the unvaccinated. And we need to be clear with the public that the problem is the non-vaccinated. They’re at fault. They’re to blame. And even more, the public influencers, celebrities and political actors who’ve driven resistance to vaccination are to blame."

• In lighter news, the month-old pro-Trump "free speech" social media network (just the newest of many) called GETTR --- created by Trump spokesperson Jason Miller and funded by one of Steve Bannon's Chinese benefactors --- is reportedly being flooded with pro-ISIS propaganda, including "reams of jihadi-related material...graphic videos of beheadings, viral memes that promote violence against the West and even memes of a militant executing Trump in an orange jumpsuit similar to those used in Guantanamo Bay." MAGA!

• Finally, as climate change hastens world collapse faster each day, Desi Doyen joins us for our latest Green News Report! Told you we had a dark show for you today!...

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IN TODAY'S RADIO REPORT: Looks like Infrastructure Week is finally happening; Major U.S. interstate in Colorado shut down indefinitely by wildfire-related mudslide; County in Washington State passes America's first-ever ban on new fossil fuel infrastructure; PLUS: Massive new wildfires force evacuations in Greece, Turkey and Italy... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The Bipartisan Bill Enters The Amendment Process, Length TBD; Big banks, financial firms hatch plan for Asian coal-fired closures; Western Wildfires Are Sending Carbon Offsets Up in Smoke; Tokyo Olympics may be hottest ever; Biden mileage rule to exceed Obama climate goal; Shell sponsored a museum exhibit on climate solutions, with strings attached; A Geothermal Energy Boom May Be Coming, and Ex-Oil Workers Are Leading the Way; Google is quietly trying to find out if hard drives are recyclable... PLUS: DHL Express buys electric cargo planes for U.S. package delivery... and much, MUCH more! ...

The news just isn't slowing down in these "slow news days of summer". At least not on today's BradCast. But at least much of that news is actually good, including more progress today toward protecting democracy in the U.S., as per the shifting whims of Lord and Senator Joe Manchin. [Audio link to full program follows below this summary.]

Among the many stories covered on today's news-chocked program...

• Who says Congress can't move something quickly when they want to? Juneteenth, commemorating the end of slavery in the U.S. in 1865 --- albeit at least two and a half years after it was supposed to have ended with the Emancipation Proclamation, is now an official federal holiday. President Biden signed the new law for our nation's 12th federal holiday on Thursday, after the U.S. House overwhelmingly adopted the measure on Wednesday (with all but 14 shameful, white, male Republicans voting in favor), after unanimous passage in the U.S. Senate on Tuesday. Since June 19thfalls on a Saturday this year, the new holiday will officially be observed tomorrow! That was fast! See? Congress CAN move quickly when they try! Unless you consider the hundreds of years of slavery in this country and the more than 150 years it took for a holiday to commemorate its final end. Never mind that comment earlier about Congress moving "quickly."

• The latest attempt by shameful white, male Republicans to kill the popular Affordable Care Act (better known as ObamaCare) was rejected by the U.S. Supreme Court today. The law has helped tens of millions of Americans obtain access to heath care, and hundreds of millions more Americans by, among other things, making it unlawful for insurance companies to reject customers due to pre-existing conditions. The stupid attempt by a bunch of GOP-Controlled states to find the entire bill unconstitutional was rejected by SCOTUS today with a 7 to 2 vote, after finding the states represented by white, male Republicans were not harmed by the law and, therefore, had no standing to challenge it. That, after a series of white, male Republican lower court judges had used a ridiculous claim made by the GOP states --- and countered by the actions of REPUBLICANS in Congress themselves(!) --- to strike down the entirely of the landmark 2010 law as unconstitutional. We explain how this third attempt to have SCOTUS do what Congress would not, has gone down, yet again, in flames.

• The Supremes on the Republicans' stolen and packed high court did, however, approve discrimination against same-sex couples by a Philadelphia group called Catholic Social Services, which refuses to consider such couples when placing children in foster care homes. All of the Justices appointed by Democrats also joined this unanimous, if fractured decision which LGBTQ and civil rights groups are both disappointed by and breathing a sigh of relief after, conceding that the Court's ruling could have been much MUCH worse. We explain that ruling as well today.

• Meanwhile, the fight to pass federal voting rights protections to counter new GOP voter-suppression laws at the state level moved one small step forward again today. Yesterday, West Virginia Democrat Joe Manchin --- the only Dem in the Senate who is not a co-sponsor of the sweeping election and campaign reform bill known as the For the People Act (even though he co-sponsored the same legislation in 2019) --- offered a compromise proposal [PDF] for the bill that he recently declared that he opposed. As we discussed on yesterday's show, his compromise proposal is not horrible and Dems should work quickly to get some version of it to a floor vote! UC-Irvine's election law expert Rick Hasen last night penned a column at Slate which sounded almost exactly like our coverage yesterday, urging Dems to leap at this opportunity, with his first paragraph arguing: "Democrats should grab the deal, even though it is not perfect, is still unlikely to pass, and doesn’t yet address the greatest threat in upcoming elections: the danger of election subversion."

  As we discuss today, the original For the People Act, already passed by the House, doesn't "address...the danger of election subversion" either, as that danger is being baked into GOP voter suppression bills around the country, allowing Republican state Legislatures to reverse election results for virtually any reason they like. We explain why Hasen's argument --- at least on that one narrow point --- is a bit misleading, while he is otherwise right on the money.

  At the same time, Georgia's voting rights champion Stacey Abrams has also come out in favor of Manchin's compromise proposal and speaks, as we did yesterday, to the concerns that some may have about Manchin's inclusion of a "Voter ID" provision. She explains, as we did, that his provision on Voter ID is not really a huge concern --- as some Dems and/or voting rights advocates may view it --- in that Manchin's proposal allows other means for voters to identify themselves beyond a strict, small, very limited list of acceptable Photo IDs. He cites, for example, "utility bill, etc." as acceptable means of identification to vote, in line with the already-existing rules in a majority of states. Such reasonable requirements that do not prevent voters from voting are a far cry from the strict Photo ID restrictions adopted by some GOP states meant not to prevent fraud, but to prevent voting (by certain people who may lack the specific type of ID that Republicans are purposely requiring in hopes of disenfranchising them.)

  Of course, even if all 50 Senate Dems come to an agreement on a version of For the People that they can accept, it would still require 10 Republicans coming on board in the Senate to defeat a GOP filibuster. As that remains a virtual impossibility, reform of the filibuster would still be needed for passage of this bill, and, unfortunately Manchin leads the opposition on that as well. However, as a recording of a Zoom teleconference with the so-called "centrist" group No Labels (actually a big money conservative Dem and moderate-ish Republican business group) reveals, Manchin is not quite as against filibuster reform as he has made out publicly, at least when he is not speaking to big money business donors. Lee Fang and Ryan Grim from The Intercept obtained audio from that Zoom session, wherein Manchin suggests his potential openness to lowering the filibuster threshold from 60 to 55, or to force a 41 person minority to stand up and make their case against a bill they oppose and explain what they object to, rather than require those in favor of the bill to come up with 60 votes.

  Again, more progress. Too slow, to be sure --- especially with the dangers of the 2022 mid-terms looming --- but progress nonetheless, which those claiming to be progressives should certainly be in favor of!

• Finally, Desi Doyen joins us for our latest Green News Report which, like the rest of today's show, is simply chocked full of news, both good and bad, as the fight against our ongoing climate emergency continues...

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IN TODAY'S RADIO REPORT: Cold weather knocked out Texas power in February, and heat threatens to do so now; Intensifying mega-drought stokes water conflict in Oregon; Judge blocks Biden's temporary suspension of oil and gas leasing on public lands; PLUS: Colorado state legislature approves slew of climate action and plastic pollution legislation... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Earth Is Now Trapping An ‘Unprecedented’ Amount Of Heat, NASA Says; How Long Can the West Survive Republican Obstruction on Climate?; U.S. nuclear regulator approves fuel for next-generation reactors; Florida Power Leaving Coal for Solar, Hydrogen; Climate crisis is suffocating the world’s lakes, study finds; Louisiana Gas Industry’s Answer To Lax Safety Enforcement? Loosen It More... PLUS: Tabasco: Making Hot Sauce And Working To Save Wetlands... and much, MUCH more! ...

On today's BradCast: We've got a lot of news to catch you up on from over the weekend --- and from today alone --- before we open the phones to listeners to ring in on Joe Biden's first 100 days in office. [Audio link to full show is posted below.]

First up, today's news...

• Over the weekend, Biden officially declared the killing of 1.5 million Armenians by the Ottoman Empire beginning in 1916 to have been a "genocide". U.S. Presidents from both parties have declined to do so for decades, largely out of deference to Turkey, now a major NATO ally. Biden just went ahead and did it, after declaring his intention the day before to the Turkish President. Yes, it's a 100 year old story, in one respect, but not to the Armenian community which has sought such a declaration on the atrocity from a sitting U.S. President for years.

• The U.S. Supreme Court announced on Monday that it would take up an NRA-backed case next term on the Constitutionality of the right to carry weapons outside of the home, a direct challenge to a century-old New York gun law. Similar statutes are on the books in a number of other states, including Maryland and Massachusetts. Given the news we discussed on last Friday's BradCast about the appalling 6 to 3 opinion issued by the GOP's stolen and packed SCOTUS last week --- and, in lieu of Democrats figuring out how to reform the Court to expand and unpack it --- today's news likely comes as a foreboding sign for gun safety advocates.

• The U.S. Dept. of Justice on Monday announced a sweeping new "patterns and practice" probe of policing by the Louisville-Jefferson County Metro Government and Louisville Metro Police Department in Kentucky, following the middle-of-the-night 2020 police killing of 26-year old Breonna Taylor in her own home during a no-knock raid. The warrant was approved as part of a narcotics investigation which turned up no drugs and for which the City of Louisville has already agreed to a $12 million settlement after the police killing of the African-American emergency medical technician last year.

• The Biden Administration is announcing the launch of an historic $12 billion summer food program to feed lunch to more than 30 million low-income children, as part of the recently passed $1.9 trillion American Rescue Plan. The USDA plan, according to experts who study childhood hunger, will go a long way towards feeding children who face food insecurity during summer months, when free school lunches are not available. The initiative comes on the heels of not only a hunger crisis amid the COVID pandemic, but after years of cutbacks to the Supplemental Nutrition Assistance Program (SNAP) and other programs to combat hunger by the Trump Administration. Another upside: Money spent on SNAP goes directly into local economies.

• In news that broke just before airtime today, the U.S. Census Bureau released its first tranche of new numbers from the 2020 decennial survey revealing that Texas, Florida, North Carolina, Colorado, Montana and Oregon will each pick up Congressional seats in the once-a-decade redistricting process before the 2021 mid-term elections. New York, Ohio and, for the first time in its 170 years of statehood, California, would each lose a seat in the U.S. House. In fact, Texas is picking up two seats, while it, Florida and North Carolina have redistricting processes that are entirely controlled by Republicans, allowing them to gerrymander their states even further than they already are. Many of the Dem-controlled states picking up seats have processes in place that share power with Republicans for redistricting, or have a process controlled by independent commissions to determine new maps.

• In some news that broke during today's show, California officials have announced that Republicans hoping to unseat the state's Democratic Governor Gavin Newsom in a recall election, have obtained the requisite number of verified signatures needed to hold the recall election for the first-term Governor this fall. More on that story, undoubtedly, in the days ahead.

• And lastly, before we turn to callers ringing in on Biden's first 100 days, a word about the unusual, ongoing post-election hand-count in Maricopa County (Phoenix), Arizona, where the Republican-controlled state Senate is using tax-payer money to pay a private company named Cyber Ninjas, run by a Trump-supporting IT expert with no experience in elections, to recount the County's 2.1 million ballots from the 2020 election. The count is examining only the results of last year's Presidential race, reportedly won by Biden, and the U.S. Senate race, won by Democrat Mark Kelly. In both cases, it was the first time in decades for Democratic victories. While we are normally in favor of any and all attempts by citizens to oversee the results of their own elections, the Maricopa count is disturbing on several levels.

  For one, it is being paid for by tax-payer dollars, but run by a Trump supporter who, in addition to having no knowledge of elections or election technology, has a record of promoting demonstrably false claims about the election having been stolen by election system vendors, a number of communist counties, and allies of Joe Biden. The company heading up the count is also not using accepted hand-count practices established by the state. And they also refuses to disclose the amount or additional sources of dark money funding that it is receiving to carry out the hand tally. Moreover --- and most disturbing as of now --- is the fact that the tax-payer funded organizers are barring both media and the general public from overseeing the examination of the ballots from the 2020 election (which should, theoretically be protected and remain in state custody, under federal law, for 22 months.)

  I am in close touch with some of the folks who are working as observers on the count --- the ones with actual experience in post-election audits and recounts, unlike the Republicans in charge of this scheme --- and hope to have more information for you on this in the days ahead. There is no rush, apparently. At the rate of counting being carried out by the paid-for counters --- who not only counting, but examining ballots for signs of fraud --- it could take about 15 months to tally all of the ballots, according to one experienced election integrity advocate closing tracking the process.

• Finally today, in advance of President Biden's first address to a joint a session of Congress on Wednesday night, his 99th day in office, media are rounding up their various assessments of the Administration's first 100 days and grading the President on his performance to date. It seems his bold actions have taken many in both the media and public --- who had previously regarded old Joe as an establishment, institutionalist centrist --- by surprise. We open up the phones to callers to do a bit of the same temperature taking today, to find surprisingly positive reviews for the new President from our usually somewhat cynical and progressive listener base here in Southern California (and, in Minneapolis, Chicago and elsewhere today.)

Enjoy!...

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IN TODAY'S RADIO REPORT: U.S. West sinks deeper into drought, setting up dangerous fire season and water cutbacks on the Colorado River; California unveils sweeping wildfire prevention plan; Major battery company settlement allows Georgia EV factory to move ahead; PLUS: NOAA predicts above-average 2021 hurricane season, and redefines the new 'normal'... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Texas Wind Energy Set a Record—But Republicans Are Still Trying to Squash It; US to enter mega drought which will be the worst for 1200 years – here’s what to expect; Nervous North American farmers set to 'seed in faith' into parched soils; U.S. Won’t Shut Dakota Access Pipe Amid New Environmental Review; Japan Says It Plans To Release Contaminated Fukushima Water Into Sea; Leaked calls show ALEC’s secret plan to fight Biden on climate ... PLUS: Are Huge Tree Planting Projects More Hype than Solution?... and much, MUCH more! ...

On today's BradCast: While U.S. flags were already at half-staff following last week's mass killings in Atlanta, another mass shooting erupted on Monday in Boulder, Colorado. On Tuesday, President Biden called for the flags to remain lowered, for the U.S. Senate to pass two bills already approved by the U.S. House to close loopholes in our federal background check system; and to restore the ban on assault weapons that helped keep down such mass casualty events before the George W. Bush Administration allowed it to expire. [Audio link to show follows summary below.]

"We can ban assault weapons and high-capacity magazines in this country once again. I got that done when I was a Senator. It passed. It was law for the longest time, and it brought down these mass killings. We should do it again," the President urged in his brief remarks at the White House. "This is not and should not be a partisan issue; this is an American issue. It will save lives --- American lives --- and we have to act."

Today, we cover some of the reaction following the latest mass shooting in the U.S., which took 10 lives at a supermarket in Boulder yesterday. We honor the heroes that include not only the police who responded --- one of whom, who had seven children, was killed during the shooting --- but also the grocery store workers who courageously helped to save customer lives in the store and, as their union has noted, have been risking their lives for all of us every day over the past year, as essential workers during the pandemic.

We also note the reactions from those who have spent years working to support the ability of terrorists to easily acquire weapons of mass destruction --- such as CO's Republican Rep. Lauren Boebert and the Colorado State Shooters Association --- who suddenly feel that this is no time to talk about guns. "Congressman" Boebert, who appears with guns in virtually appearance, says she "refuses" to use this shooting "to advance a political agenda." And the Shooters Association informs us that "Today is not a day to cloud our remembrance with ... emotional sensationalism."

All of that, after a state judge, just 10 days ago, struck down a law adopted unanimously by the Boulder City Council in 2018 to ban assault weapons in the city, after years of similar massacres in the Centennial State and elsewhere. The Colorado State Shooters Association was one of the plaintiffs in that case, which was "celebrated" just last week by the disgraced, terrorist-supporting NRA, because local laws supported by residents in the CO town were preempted by Big Government at the state and federal level.

But, despite urging from the President on Tuesday, if Republicans won't even agree to allow an up or down vote on background checks, the lowest hanging fruit when it comes to gun safety reforms, it seems impossible to imagine they would ever agree to restoring the federal assault weapons ban. That, no matter how many American lives it might save, no matter how many of their own constituents continue to be massacred in these tragic events.

In response to GOP intransigence, conservative, institutionalist Democrats in the U.S. Senate late last week and over the weekend, continued to inch toward support for filibuster reform --- the only way that gun safety reform and most of the rest of the Democrats' ambitious, progressive agenda will ever be adopted. So there's a small amount of encouraging news on another dark day.

Also today, some response from listeners to our interview with Alabama's former Democratic Governor, Don Siegelman on yesterday's BradCast and his response --- as someone who knows a thing or two about GOP hit jobs on popular Democratic Governors --- to the attempted recall of California's progressive Governor, Gavin Newsom.

Finally, we close with Desi Doyen and our latest Green News Report, as yet another natural disaster befalls Australia; our global climate crisis becomes the top cause for refugees worldwide; and the Biden White House begins to unveil its promised massive, long-overdue, nearly $4 trillion infrastructure (and climate) plan...

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Not long after we got off air from yesterday's BradCast, Senate Republicans kept their promise of breaking their previous promise that they would never ever ever --- because it would just be plain wrong and an insult to the voters! --- seat a new Supreme Court Justice during a Presidential election year. Their original promise held for exactly one Presidential election in a row, when it was Obama's nominee to the high court that they blocked for more than a year in 2016. [Audio link to full show is posted below.]

Donald Trump's third appointment to the high court, Amy Coney Barrett, now has the dubious distinction of being the first Justice in U.S. history to have been confirmed without a single vote from the minority party in the U.S. Senate. (Even rightwingers like Antonin Scalia and Anthony Kennedy were both unanimously confirmed.) She will also be notorious for having been seated closer to an Election Day (just one week before it) than any other Justice in history, leading Democrats to correctly describe the entire affair as an "illegitimate" "power grab".

But, even before Barrett was officially sworn in as the newest Justice on the GOP's already-stolen Court on Tuesday morning, the five Republican Justices on Monday night --- (with five of six of them now seated by GOP U.S. Senate majorities elected by a vast minority of American voters) --- had already ordered the state of Wisconsin to reject what is likely to be well over 100,000 timely cast and postmarked mail-in ballots simply because they are delivered by the USPS after polls close on Election Day in the Badger State. The anti-democratic order overturns a lower court judge who allowed the counting of ballots postmarked by Election Day, even if they arrive up to six days afterward --- just as Republicans agreed to during the state's primaries earlier this year. But now that they're competing with Democrats, apparently vote suppression is necessary. More on that particular outrage hopefully tomorrow, because the ruling was even worse than it sounds.

But, for today, the outrageous hypocrisy, perfidy and appalling dishonesty of the Senate Republicans' latest court-packing stunt with the illegitimate now-Justice Barrett --- after well over 60 million American have already voted in an election that may very well cost the Republican Party control of both the Senate and White House --- needs to be highlighted today. For that, we're joined by AARON BELKIN, Director of Take Back the Court, the nation's oldest organization formed specifically to call for expansion and reform of both SCOTUS and lower federal courts following the GOP's original theft of the high court in 2016.

While the need to save democracy itself by unrigging the Republicans' packed federal courts is quite clear, the question remains as to whether Senate Democrats understand that, and whether they will have the courage to do so --- presuming they are able to win back control of the chamber amid years of new voter suppression laws enacted by states and activist GOP jurists.

Belkin details the existential stakes and necessity of doing so, and offers his thoughts on whether Democrats will muster the strength to end the Senate filibuster as required to accomplish it next year.

"It's not just about the theft of the court from Barack Obama, but it's also that we are facing planetary emergencies like climate change, with effectively no time left on the clock," Belkin argues. "And we're also facing what you could call 'democracy emergencies,' where the Court itself has worked hard to keep black and brown voters from the polls. This Court, even the Court as it was configured in 2017, was highly unlikely to allow the next President to deal with those emergencies."

"To have robust judicial reform, you need to expand lower federal courts commensurate with the number of seats that Mitch McConnell prevented President Obama from filling during the last two years of his presidency," he tells me. "Then you need to expand the Supreme Court just by enough Justices to get the job done, to deliver a Court that will allow the next administration to address the emergencies we face." His group also calls for term limits "to try to minimize some of these problems moving forward" and "a code of ethical conduct" for Justices who, unlike lower federal court judges, have no such requirements for recusing from cases in which they have conflicts of interest, or even "situations where, for example, Justice Thomas' wife is lobbying President Trump and the White House the same week that President Trump is a party to a lawsuit in front of Justice Thomas."

Belkin also offers his reaction to Joe Biden's recent vow to create a bi-partisan panel of legal scholars to make recommendations for such reforms after six months of study, and what Americans must do to help make sure any of this happens, in the event that Democrats win both the Senate and White House. He also responds with a very compelling argument to those who charge that these reforms would simply be escalated the next time Republicans take control of both houses of Congress and the White House.

Finally, speaking of just some of the stakes, we're joined by Desi Doyen with our latest Green News Report on yet another record hurricane now barreling toward the Gulf Coast, yet more hurricane-winds and record wildfires in Colorado and California, and then Trump's lies and Biden's truth about action on our climate crisis at last week's final Presidential Debate of 2020...

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There are all sorts of reasons for Democrats to be feeling pretty good about their chances this year. But there are almost as many good reasons to remain very cautious. We discuss a lot of each on today's BradCast! [Audio link to show follow below.]

Among the good news/bad news today...

• Former Republican National Committee chair Michael Steele joins a ton of former GOP officials, Governors, lawmakers, military officials and others to endorse Joe Biden for President, after the RNC has "bent the arc of the party towards the baser motives of one man, who is neither a Republican nor a conservative";

• USA Today's Editorial Board, which has never endorsed any Presidential nominee, does the same. Their reasons are many, including Trump's "shambolic response to the coronavirus pandemic [which has] inflated a national death toll that is equivalent to the crashes of more than 1,000 Boeing-737 jetliners";

• Florida joined several other battleground states on Monday when it "shattered its opening day record for in-person Early Voting," after also more than doubling its absentee vote-by-mail numbers from the same time frame in 2016. That certainly seems like good news for Democrats, but is it really? Is it due to enthusiasm? If so, for Biden or Trump? Or is it just fear of COVID? Or concerns about slow-downs by the U.S. Postal Service? We discuss a number of the key caveats to these widely reported numbers and one anectodal suggestion that likely voter models this year could ultimately be "all shot to hell";

• The gobsmacking 3rd quarter fundraising numbers for Democratic Senate candidates in key races this year appears to be undeniably encouraging news for those hoping to see the Party regain a Senate majority. We offer some reason to deny the encouragement nonetheless;

• On yesterday's program we reported on the disturbing news from a 3-judge panel of Republican appointees on the Michigan Court of Appeals who overturned a lower state court judge's ruling in the key battleground state that mail-in ballots postmarked by November 2nd (the day before Election Day) would be counted if they arrived up to two weeks after Election Day. Not long after we got off air Monday, a 4 - 4 decision by the Republicans' stolen U.S. Supreme Court upheld a ruling by Pennsylvania's Supreme Court, allowing for the counting of mail-in ballots that arrive up to three days after Election Day. Most Dems saw that as very good news. And it is --- at least for the very short and narrow term. The intrusion by four SCOTUS Justice's, however, into a state court ruling on a state constitutional matter, regarding that state's constitutional "right to vote" is actually quite foreboding news. And it's about to be made much worse with the addition of Amy Coney Barrett on the high court. We explain.

• Finally, Desi Doyen joins us for another good news/bad news edition of our Green News Report, with bad news about the continuing record wildfires in the West and some very good news about renewable electricity...

Enjoy! Or don't...

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IN TODAY'S RADIO REPORT: Massive Colorado wildfires force thousands to evacuate; Trump flip-flops on disaster aid to California; Wind and solar energy now the cheapest energy in the world; PLUS: Joe Biden talks clean energy and infrastructure jobs at ABC Town Hall... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Fox & Friends is furious that the 2nd presidential debate will feature a question about the climate crisis; Natural gas looking like coal before the crash; ExxonMobil misled the public about the climate crisis. Now they're trying to mislead about their misleading; China delivers diatribe against U.S. climate policies; These 4 toss-up Senate races might determine the fate of the planet; New climate warnings in old permafrost: 'It’s a little scary because it’s happening under our feet'... PLUS: After 2 hurricanes, Lake Charles fears its cries for help have gone unheard... and much, MUCH more! ...

By way of a 31-page Memorandum Opinion this past week, U.S. District Court Judge Michael A. Shipp rejected the Trump Campaign's effort to challenge the legality of a recently enacted New Jersey statute that permits Garden State election officials to begin "canvassing" mail-in ballots ten days prior to the November 3 Presidential Election Day.

As defined by the U.S. Election Assistance Commission (EAC), a "canvass" is a "compilation of election returns and validation of the outcome that forms the basis of the official results".

NJ's COVID-driven election law in question, AB 4475, was enacted last August by the New Jersey state legislature and promptly signed into law by the Garden State's Democratic Governor Phil Murphy. The statute contains a number of provisions designed to facilitate an efficiently-run, mostly mail-in ballot Presidential Election. These include a directive that election officials, 29 days prior to the election, send mail-in ballots to every registered voter. The statute also includes a requirement that election officials provide secure absentee ballot drop-boxes in every county.

Existing NJ law mandates that the State's election officials certify the Nov. 3 election results by Nov. 20. The results must then be submitted to the NJ Secretary of State by Nov. 24.

AB 4475 streamlined the procedures for tallying the expected heavy influx of mail-in ballots by permitting election officials to begin processing and canvassing mail-in ballots ten days prior to Election Day. The new law, however, prohibits Garden State election officials from running a tabulation report or revealing any results before the polls close on Nov. 3.

Contending that the NJ statute was preempted by federal Election Day law, the Trump Campaign sought a preliminary injunction that would prevent NJ officials from canvassing mail-in ballots before Nov. 3. The Campaign also contested a section of AB 4475 establishing that "every ballot without a postmark...received by the county boards of elections from the [U.S. Postal Service] within 48 hours of the closing of the polls, shall be considered valid and shall be canvassed, assuming the ballot meets all other statutory requirements."

The court rejected the Trump Campaign's legal arguments and denied Trump's motion for a preliminary injunction.

The Trump Campaign did not respond to a Fox "News" inquiry as to whether it intended to appeal the decision. The President's "favorite propaganda network" described the decision as "a significant ruling for the state that will keep the current rules in place, barring a swift and successful appeal from the Trump campaign"...

On Thursday, by way of a 13-page Order [PDF] issued in State of Washington v. Trump, U.S. District Court Judge Stanley A. Bastian not only enjoined the United States Postal Service (USPS) from continuing to implement the "transformative" nationwide changes to its mail delivery capacities effectuated since July under the direction of Postmaster General Louis DeJoy, but also ordered USPS to "replace, reassemble or reconnect" all of the high-speed sorting and labeling machines that had previously been decommissioned.

In his decision, Judge Bastian found that the 14 State Plaintiffs --- Attorneys General in WA, CO, CT, IL, MD, MI, MN, NV, NM, OR, RI, VT, VA, WI --- "established a likelihood that they will prevail on their claims that the [USPS] and Postmaster General violated 39 U.S.C. §3661". He characterized DeJoy's mandates as an "attack on the Postal Service [that] is likely to irreparably harm the states’ ability to administer the 2020 general election."

As we explained last month when covering the States' complaint, under Section 3661(b), DeJoy had a "non-discretionary duty" to request and obtain an advisory opinion from the Postal Regulatory Commission (PRC) before instituting "a change in the nature of postal services which will generally affect service on a nationwide or a substantially nationwide basis." Under that statute, the PRC cannot issue that advisory opinion "until an opportunity for a hearing on the record...has been afforded to...users of the mail." At that hearing, "an officer of the [PRC]...shall be required to represent the public interest."

DeJoy's failure to comply with those statutory requirements, Judge Bastion noted, "suggests" the USPS "acted ultra vires" --- beyond its power --- when it effectuated DeJoy's "transformative" changes.

The court also found that the Plaintiffs established a likelihood that the USPS "actions have infringed" upon the "States' constitutional right to appoint presidential electors and set the time, place, and manner of elections; that the current changes are the result of an effort by the current Administration to use the [USPS] as a tool in partisan politics, which violates the spirit and purpose of the Postal Reorganization Act and the Postal Accountability and Enhancement Act."

In his written ruling, Judge Bastian blasted the USPS actions, charging they would result in "voter disenfranchisement"...

We've got a lot to get to on today's BradCast, as voters in Massachusetts go to the polls today with a couple of very interesting primary races (results tomorrow!), and as the rest of us are now counting the days (63 of them), until general Election Day, with both hope and trepidation. [Audio link to show is posted below summary.]

Among the mountains o' stuff covered on today's program...

• After years of our reporting on the very successful, perhaps irreversible, decades-long effort by the Right to brainwash its followers, we open today with a few thoughts about a similar, if not quite as successful (though it's getting closer), effort to brainwash those on the Left. That effort to brainwash the Left, like the scheme on the Right, is also carried out by folks on the Right or those who support them. (And yes, that means we have a few words today about the still-misreported facts regarding the Hillary/Bernie race from 2016);

• We have more evidence of attempts to manipulate the Left in today's announcement from Facebook that, based on a tip from the FBI, the social media outlet has shut down several fake accounts created to support a Russia-related propaganda scheme targeting the Left in hopes of undermining Joe Biden and Kamala Harris. The operation reportedly included a phony media outlet calling itself "Peace Data", in hopes of appealing to progressives in advance of this year's election;

• Information of that sort, as we discuss, is --- or should be --- useful to voters. Nonetheless, with just over two months until Election Day, with Donald Trump's top intelligence officers having recently warned that Russia is taking active measures, once again, to undermine the Presidential election in support of Trump, his recently-appointed Director of National Intelligence John Ratcliffe notified Congress over the weekend that he will no longer offer in-person briefings to lawmakers regarding foreign attempts to interfere in the election. The claim, offered by Trump himself without facts to back it up, is that members of Congress were illegally leaking certain information from the intelligence community, and that the information leaked was also "wrong". No evidence was given to support that charge, and while Trump claimed the decision to end intelligence briefings to Congress was made by him and Ratcliffe, evidence suggests that it was, instead, a directive from Trump himself. For some reason;

• Speaking of the November 3rd election, the dirty tricks are now underway, as revealed by a new robocall to some Democratic-leaning Michigan voters falsely warning that signing up to vote by mail will result in voters contact information being added to a database for tracking down arrest warrants, credit card debt collection and "mandatory vaccines". None of that is true. Though you should expect much more of it in the weeks ahead;

• Also in Michigan, the state's Democratic Secretary of State Jocelyn Benson, recently won a court case filed by rightwingers attempting to prevent her from sending absentee ballot applications to all of the state's 7.7 million voters. The ruling --- in a state which Trump is said to have won by just over 11,000 votes in 2016 --- comes in the wake of his misfired threat to withhold federal funding from Michigan in a tweet in which he falsely claimed the "rogue Secretary of State" was planning to send out actual ballots (as opposed to applications) to all voters;

• And while Trump and his minions have been suing in state after state in (usually failed) efforts to make voting more difficult during the global pandemic that he failed to control --- even attempting to block the use of secure absentee ballot drop-boxes in key battleground states like Pennsylvania --- another newly elected Democratic Sec. of State, Jena Griswold in Colorado, announced today that her state will offer "at least 368 mail ballot drop boxes for the General Election, an increase of 49% since I was elected in 2018!";

• Also today, a somewhat bizarre comment from a reader/listener in response to our coverage yesterday of L.A. County's disastrous, unverifiable new touchscreen voting system, in which the commenters offers several odd allegations amid of my nearly 20 years of critical coverage of e-voting and asks "whose side are you on?";

• Finally, Desi Doyen joins us for our latest Green News Report in the wake of catastrophic week for the climate and the Republican National Convention...

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IN TODAY'S RADIO REPORT: Long road to recovery for Louisiana after Hurricane Laura's devastation; California and Colorado burn, while Phoenix bakes; PLUS: Amid multiple record-breaking weather disasters, Republicans ignore climate change at Republican National Convention... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Hurricane Laura and the California Fires Are Part of the Same Crisis; An Oil Giant’s Wall Street Fall: The World is Sending the Industry Signals, but is Exxon Listening?; Trump E.P.A. Relaxes Rules Limiting Toxic Waste From Coal Plants; Trump administration proposes easing oil and gas permitting in national forests; US South could save money by cleaning up its power grid; Microplastics in Farm Soils A Growing Concern; Big Oil Is in Trouble. Its Plan: Flood Africa With Plastic... PLUS: Sea level rise from ice sheets track worst-case climate change scenario... and much, MUCH more! ...

Even if several multi-state legal challenges result in a federal court order directing Postmaster General Louis DeJoy to repair the damage wrought by his allegedly "illegal" sabotage of the U.S. Postal Service's mail delivery capabilities, absent significant additional funds, it's unlikely DeJoy could fully comply with that order.

The facts laid out in one of the recently filed cases and echoed in the others, along with subsequent developments, suggest that DeJoy was, at best, disingenuous when, in an August 18 formal statement [PDF], he claimed he was "suspending" his nationwide mail sorting, labeling and delivery changes until after the Nov. 3 Presidential Election.

The complaint describes how, pursuant to an Equipment Reduction Plan [PDF], Defendants removed, dismantled and/or destroyed 671 high-speed sorting and labeling machines that had a combined hundreds of millions of dollars in value. As a result, the States allege, "some major cities have already had their ability to sort mail reduced by hundreds of thousands of pieces of mail per hour." (Emphasis in original text).

On the same day that DeJoy issued his "suspension" statement, emails were submitted by Kevin Couch, the USPS Director of Maintenance Operations, informing Maintenance Managers that, irrespective of instructions from their plant managers, they must not reconnect or reinstall sorting machines that had previously been disconnected absent approval from USPS HQ.

Last Friday, while testifying before the U.S. Senate, DeJoy made it clear that he has "has no intention" of reinstalling the sorting machines, even as he claimed that election related mail would receive top priority from the Postal Service. Contrary to DeJoy's rosy predictions, however, the USPS's own Service Performance memo reflects a significant drop in overall performance which precipitated a USPS warning to 46 states that their deadlines for Vote-by-Mail ballots "might impede the timely delivery of mail-in ballots, possibly disenfranchising millions of voters"

While there's ample reason for a court to order reinstallation, absent significant additional USPS funding, which Trump opposes, it is doubtful that DeJoy could fully undo the damage even if he were ordered to do so.

VOTERS BEWARE: Do not be lulled into a false sense of security by DeJoy's "suspension" of changes at the USPS until after Election Day, or by his unsupported assurance that USPS can timely process and deliver every ballot. The wiser course, as laid out in our previously related article, is to deposit your mail-in ballots in secure, state-supplied drop-boxes (where available) or at designated drop-off locations. Check your local jurisdictions to learn what options may be available where you live. In some jurisdictions, voters can deposit their mail-in ballots at the polls either during early voting or on Election Day. In some jurisdictions, voters can link to election official websites to track the processing of their own ballots as well...