We're back! And with good news on today's BradCast...whether the media have been reporting it that way over the past week, as we've been on a break, or not. [Audio link to full show follows below this summary.]

FIRST UP, some notable quick news headlines today --- and some from last week --- which we'll undoubtedly jump deeper into in the days and weeks ahead. Including...

• Cartoonishly corrupt Republican Attorney General of Texas, Ken Paxton, is impeached by the hard-right Texas legislature.
• Cartoonishly corrupt Republican activist and pretend journalist James O'Keefe is sued by Project Veritas --- his own ironically named nonprofit --- for waste, fraud and abuse.
• A bunch of new Republicans entered the fray for the 2024 Presidential nod (the unhung Mike Pence, the disgraced Chris Christie and some guy named Doug Burgum).
• One Republican, popular New Hampshire Gov. Chris Sununu, smartly announces he's not running.
• And progressive activist and academic Cornel West announces he's running for President under a third-party banner.

THEN, its on to the one story that made me wish I wasn't on vacation last week (well, a little, anyway.) And that's the story of President Biden outfoxing the GOP to take three Republican-engineered fiscal cliffs off the table over the next two years, all for the price of less than one, in his ingenious debt ceiling deal with House Speaker Kevin McCarthy...who got hosed in the bargain.

As you may know, we were all in favor of Biden avoiding negotiations entirely, invoking the 14th Amendment to declare the dumb Debt Ceiling law unconstitutional, and ordering the Treasury Department to simply pay our bills without disruption to avoid a first-ever U.S. default. If anyone had a prob with that, they could sue him --- or try to --- in order to force the global economy meltdown that would have come with such a default.

But Biden, and his lead negotiator, Steve Richetti, came up with a much better idea. In the bargain, they took not one, not two, but three GOP fiscal cliffs off the table for the price of less than one budget negotiation this fall. And it all would have been much more difficult if Biden had taken the leverage of invoking the 14th off the table.

In short (much more detail on today's show), the President outfoxed Republicans. Bigly. And where they had demanded some 18% in cuts to government spending, they got a measly 0.2% over the next ten years. In the bargain, the Debt Ceiling is suspended until 2025 and spending will largely stay flat over the next two years on a few non-defense matters.

Make no mistake. There are some cuts in the deal that suck. But nothing more than Biden would have been forced to give away anyway in order to avoid a protracted Government shutdown with obstructionist Republicans when a new budget would be needed at the beginning of the next fiscal year this October.

As British columnist Will Hutton correctly opined on Sunday, while "It is easy to write off President Joe Biden as a senile, 80-year-old duffer," the deal was "massively weighted in his favour" and represented an "extraordinary victory".

It's a shame that so many in the U.S. media --- on the Right, Left and Other --- seem incapable of reporting it that way, in order to properly educate the American electorate about what actually just happened.

We try to balance the scales a bit on that score on today's program before opening the phones to callers in the second half of the show to hear why they believe we might be wrong about all of this. (SPOILER ALERT: We're not!)

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The only good day in court this week for rightwing extremist yutzes was at the U.S. Supreme Court today, unfortunately. Other than that, as detailed on today's BradCast, it's not going well for them. [Audio link to full show follows this summary.]

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

• Last year, the corrupted, far-right, activist extremists on the U.S. Supreme Court tossed out precedent and ignored the text of federal law to gut the EPA's ability to regulate carbon pollution under the Clean Air Act. Today, those same corrupted yutzes gutted the EPA's ability to regulate pollution of our wetlands under the Clean Water Act. Once again legislating from the bench, Justice Sam Alito was even opposed on this matter by Justice Brett Kavanaugh who accused the majority of rewriting federal law and undermining the original intent of Congress.

• 58-year old Oath Keepers founder, one-time BradCast guest, convicted seditionist and rightwing extremist yutz who shot his own eye out back in 1993, Stewart Rhodes was sentenced to 18 years in federal prison on Thursday for the terrorist attack he helped organize on the U.S. Capitol on January 6, 2021. It was the longest sentence to date for the Trump insurrectionists who failed in their attempt to overthrow the government in order to steal the 2020 Presidential election.

• This week, Richard "Bigo" Barnett, the 63-year old rightwing extremist yutz who made himself infamous among the 1/6 insurrectionists by posing for photos with his feet up on a desk in the office of then-Speaker Nancy Pelosi (carrying a "stun device" and a 10-pound steel pole he brought with him from Arkansas), was sentenced to 4 and a half years in federal prison. Sad!

• Former TV news anchor, Trump Mini-Me Wannabee election denier and rightwing extremist yutz Kari Lake lost yet again in Arizona court this week, in what was her last chance to prove that the 2022 election for Governor was somehow stolen from her by Republican officials in Maricopa County (Phoenix). She not only lost again, but lost hilariously and is now, along with her attorneys, facing potential sanctions for their "heinous and profoundly harmful" claims that the 2022 election was "rigged", according to County attorneys citing Lake's multiple false claims, both before and during the latest trial, about the election she lost to Democratic Gov. Katie Hobbs by about 17,000 votes last year.

• House Speaker Kevin McCarthy and his merry band of rightwing extremist yutzes in the U.S. House continue to hold the global economy hostage with their demands for massive cuts to popular social safety net programs in exchange for voting to raise the dumb debt ceiling. We've spent many shows in recent weeks discussing their dangerous threats, and the several ways that President Biden could fairly easily avoid a catastrophic, first-ever default by the U.S. Government without acceding to their threats.

  So why hasn't he taken advantage of those options, such as his ability to invoke the section of the 14th Amendment which declares "The validity of the public debt of the United States, authorized by law...shall not be questioned"? What explains Biden's various inscrutable responses when asked by reporters of late about using the 14th? And why has the Administration been hedging in their response to a lawsuit from a union of government employees suing them to invoke the 14th?

  Well, MSNBC's Lawrence O'Donnell offered a sort of grand unification theory this week that could explain all of that. Matching up his theory --- which posits that Biden and his lead negotiator, Steve Richetti, are up to some serious Dark Brandon 3-D chess --- with the various public reporting available to those of us outside of the negotiating room, would actually explain some of the inexplicable comments from Biden and, frankly, his willingness to negotiate on the debt ceiling with Republicans at all after months of the Administration saying they refused to do so.

  O'Donnell concedes his theory is little more than a well-educated guess, based on his personal knowledge of Biden and Richetti from his time as a U.S. Senate staffer some years ago. But, if he is right, and if Biden can pull all of this off, it would avoid not one, but two upcoming fiscal cliffs at the same time, both the Debt Ceiling and the budget negotiations later this year which Republicans would otherwise almost certainly use to shut down the government as they have in years past in advance of next year's elections. O'Donnell's theory could even include ending the ability for rightwing Congressional yutzes to use the Debt Ceiling law as a hostage taking device ever again in the future.

  I realize that's a lot of "ifs", but, yes, all of that is actually a possibility based on all of the reporting on the matter so far, including late updates today from both Reuters and New York Times. It's all explained in detail on today's show.

• Finally, Desi Doyen joins us for our latest Green News Report, with grim news on global heating and the rightwing extremist yutzes both causing it and refusing to do anything about it...

* * * SHOW NOTE: We're taking a very much-needed break over Memorial Day week from both the The BradCast and Green News Report. So it may be quieter than usual around here over the next week. Please forgive us, and we'll see ya shortly thereafter!...

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IN TODAY'S RADIO REPORT: Super Typhoon Mawar slams into Guam; Global heating could expose billions to unlivable temperatures by 2100; Fossil fuel industry owes the world $23 trillion in climate reparations, new study concludes; PLUS: Climate activists disrupt oil industry shareholder meetings... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Supreme Court weakens EPA power to enforce Clean Water Act; Chevron’s carbon offsets are mostly junk and some may harm, research says; France bans short-haul flights as it looks to cut transport emissions; Lawmakers near deal on energy permitting in debt ceiling talks; Energy Department cancels $200M Microvast battery grant in Texas due to GOP opposition; In Panama, legal rights given to sea turtles, boosting 'rights of nature'; Interior's oil plan is coming. Here's what to watch; U.N. slams carbon removal as unproven and risky...PLUS: The global treaty to save the ozone layer has also slowed Arctic ice melt... and much, MUCH more! ...

With their policy positions wildly unpopular among Americans, is it any wonder that Republicans are now doing little more than lying about their beliefs, crashing the economy, using the government to funnel money to wealthy campaign donors, and otherwise adopting laws, where ever they still can, to prevent non-Republicans from winning elections? And those are their non-violent strategies, as detailed on today's BradCast. [Audio link to full show is posted below this summary.]

Among our many stories today...

• A 19-year old from Missouri, apparently with a Nazi flag in his rented truck, is charged with "threatening to kill, kidnap or inflict harm on a president, vice president or member of their family; assault with a dangerous weapon; reckless driving; destruction of federal property; and trespassing," after attempting to ram the truck into Lafayette Square across the street from the White House on Monday night. MAGA Republicans online seem to think the Nazi flag was an FBI setup to make them look bad. They may not have thought through that argument very well.

• TAP's Ryan Cooper details the evidence that makes it plain as day that Congressional Republicans couldn't care less about the national debt or budget deficits in their pretend case against raising the statutory (and, almost certainly unconstitutional) Debt Ceiling law. If they actually cared about the debt or deficits, they wouldn't oppose raising revenue, among other things. But House Speaker Kevin McCarthy's fight, on behalf of his party, is not about debt. It is about using terrorism to crash the economy in hopes of hurting Democrats before the next election. They've been pulling this trick for years now. Perhaps Democrats should stop falling for it?

• According to separate reports from WaPo and NYT last night, Special Counsel Jack Smith has subpoenaed information from the Trump Organization on its business dealings with China, France, Turkey, Saudi Arabia, Kuwait, the United Arab Emirates and Oman since 2017, as part of his probe of the documents, many of them highly classified, that Donald Trump stole from the White House upon leaving office. Now why would Smith want to do that?

• Trump appeared remotely in New York court today to be instructed by the judge overseeing his 34 felony count indictment in the Stormy Daniels hush-money case, that he may not share certain evidence from prosecutors over social media. He may not even view some of it without his lawyers present. A date was also set for the beginning of his trial, on March 25, 2024, smack-dab in the middle of next year's Presidential primary season. Should be fun.

• In a somewhat more immediate Trump Criminal Accountability Calendar Item, Fulton County, Georgia District Attorney Fani Willis has now informed Fulton's Chief Judge that, other than leadership and "armed investigators", the bulk of her staff will be working remotely from July 31 though August 18. That syncs up with dates that Willis previously suggested indictments were likely to be brought in her office's investigation "into possible criminal interference in the administration of Georgia’s 2020 general election". She requested that "judges not schedule trials and in person hearings during the weeks beginning Monday, August 7 and Monday, August 14." So, yeah...mark your calendars. It may get hotter than usual in Atlanta this summer.

• We would have covered the above story sooner, but it came out as I was being deposed last week in a lawsuit [PDF] filed by the Coalition for Good Governance against Georgia's SB202 voter suppression law. I am a named plaintiff in the case, representing media, regarding provisions of this terrible bill that unconstitutionally chill and/or otherwise dangerously prevent press freedoms and public oversight of elections in the Peach State. While my three-hour depo last week went very well, I believe, I'll hold more specific thoughts for later, as other plaintiffs in the case are still going through their own depositions. But, another provision being challenged by CGG in this terrible bill --- best known for blocking the distribution of food or water to voters waiting in line to vote --- is a scheme that allows the State to replace entire, elected, local Boards of Elections with a single appointee of the Secretary of State's choosing. That wildly undemocratic provision, supported by GA's Republican Sec. of State, Brad Raffensperger, is now being echoed in...

• ...Texas! Lawmakers in the Lone Star State on Tuesday were voting on two bills that will allow local election officials to be replaced by someone chosen by the Republican Governor's hand-picked Secretary of State, and otherwise make it easier to interfere with local elections. However, these provisions only apply to Counties in Texas with more than 3.5 million voters. As it turns out, the only such county in the state that meets that requirement is Houston's Harris County, a now reliably "blue" part of a "red" state turning more "purple" by the year. If ya can't beat 'em...commandeer their elections and right to vote.

• Finally, Desi Doyen joins us for news on a massive cyclone now aiming directly for the U.S. territory of Guam after spinning up from almost nothing overnight to a catastrophic category 4 Super Typhoon today. That, followed by our latest Green News Report, with important news in the war over water in the drought-stricken U.S. west, and some great news about sweeping, landmark environmental and climate legislation being adopted by Minnesota, now that Dems have taken control of both chambers of the state legislature and its governor's mansion...

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At some point, the President is just gonna have to do the right thing and stop playing footsie with disingenuous, bad faith Republicans who are holding the nation's economy hostage over the unconstitutional debt limit law. Also, the Democratic Governor in Arizona has some splainin' to do on today's BradCast. [Audio link to full show follows below this summary.]

After a bit of breaking news at the top of the show (regarding a breakthrough agreement on water sharing between Western states on the drought-stricken Colorado River, and E. Jean Carroll suing Trump yet again for defaming her yet again), it's onto the dangerous negotiations still taking place, for some reason, between the White House and House Speaker Kevin McCarthy over whether or not the U.S. will follow the law and pay its bills or go into default for the first time in the nation's history.

We're joined today by investigative financial journalist, author and Executive Editor of The American Prospect, DAVID DAYEN. He has been reporting on a lawsuit recently filed by the National Association of Government Employees (NAGE) against President Biden and Treasury Secretary Janet Yellen, charging that they are already violating the law by "suspending investments into...employee retirement plans" as part of Yellen's so-called "extraordinary measures" to avoid hitting the arbitrary borrowing limit implemented by Congress. She has said that those measure will run out as early as June 1, before the U.S. won't be able to pay all of its bills without borrowing more money. "There is active and ongoing harm which will get worse if the ceiling is hit," the NAGE suit alleges.

At the same time, as listeners may know, we've been covering the text of Section 4 of the 14th Amendment which states in clear language: "The validity of the public debt of the United States, authorized by law, including debts ... shall not be questioned." While Biden has made clear he is aware of the Constitutional option, he has said (not necessarily correctly) that invoking the 14th Amendment to follow the law by ordering the Treasury Department to continue borrowing to keep paying all of our bills would have to be litigated. That, he suggests, would take too much time to be adjudicated in court in order to avoid an upcoming debt default. Thus, he has been negotiating with McCarthy to find an agreement that McCarthy, as Dayen points out today, is unlikely to be able to even get his own caucus to agree to vote for.

With all of that in mind, and NAGE having filed for an emergency injunction in their lawsuit late last week, Biden and Yellen now have until June 6 to respond to the suit. Dayen points out, in both his X-DATE newsletter today and on our program, that Biden/Yellen merely need to respond to the suit by saying they agree with the plaintiffs suing them. The federal judge will then have no choice but to find in favor of NAGE, ruling that the President cannot pick and choose which bills will or won't be paid and that the 14th Amendment likely makes the Debt Ceiling law unconstitutional.

Problem solved! At least if Biden and the White House finally take this golden opportunity that has been handed to them. Sure, there are some nuances, as we discuss with Dayen, but, in general, Biden could use this to end the standoff in short order, before a global financial catastrophe --- which will only increase the U.S. deficit that Republicans in the House are only now pretending to give a damn about --- comes crashing down as early as next week.

"Here's your chance, Joe," says Dayen. "You have to write a response in this active litigation, and what you can say is 'I agree, and I am not going to contest this lawsuit.'" Once the judge receives that, Dayen explains, he'll have to say, "'Okay, I've got two sides in this lawsuit. One side says the debt ceiling is unconstitutional, and the other says it, too.' Presumably, the outcome, the ruling, would be that the debt ceiling is unconstitutional. Who would appeal it? There are two parties in this case, and neither are House Republicans."

ALSO TODAY: Last week on the show we spoke with Arizona's former Republican Secretary of State, now state Senator Ken Bennett, about a bipartisan bill passed out of the state's legislature last week to greatly improve election oversight, transparency and security by making digital ballot images of every ballot cast available for anyone to download and count for themselves in their own home if they wish. (A ballot image is a digital photo of each ballot that is taken as the ballot is scanned by the computer tabulators. It shows exactly how the voter voted at the time the ballot was cast and counted.)

The landmark measure, HB2560 --- which would make it much more difficult for the MAGA right to falsely claim elections are stolen --- was sponsored by Bennett in the AZ legislature and supported by the state's current Democratic Sec. of State Adrian Fontes as well. Thus, last week, when we spoke with Bennett, his hope was that the state's new Democratic Governor (and former Democratic Sec. of State) Katie Hobbs would sign the landmark transparency measure this week.

Instead, just before airtime, Hobbs vetoed the bill, falsely claiming it would "threaten anonymity" of voters and "open the door to the spread of additional election mis- and dis-information."

As Bennett explained last week on the show, he strongly disagrees. So does the nonpartisan election transparency group, AUDIT USA, headed up by longtime Democrat and ballot image proponent, John Brakey. They issued a statement responding to Hobbs' veto, calling it "a blow to efforts to reduce election conspiracies."

They charge the measure would "achieve just the opposite" of spreading "mis- and dis-information." In the statement, Brakey said that "By claiming the bill would compromise the privacy and anonymity of voters and lead to the increased spread of disinformation, the Governor has ignored the experience of multiple jurisdictions around the country that have been posting ballot images without the problems she claims would be caused."

The group is now hoping to win the one more vote in the state Senate and 9 more votes in the state House that will be needed to override Hobbs' veto. They will have about 21 days after they come back into session in mid-June. Stay tuned...

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Is President Biden falling into a dangerous GOP trap by negotiating the debt ceiling? Our guest on today's BradCast argues that a potential disaster could and should easily be avoided entirely.

BUT FIRST, while we covered the grotesque lawsuit filed by Noelle Dunphy detailing sexual abuse by the repulsive, alleged sexual predator Rudy Giuliani on yesterday's show, I had the chance to read the full 70-page complaint [PDF] this morning. And I discovered one paragraph that I hadn't yet seen reported elsewhere and just want to make sure it gets out there.

Paragraph 124 on page 23 details how Trump and Giuliani, according to Dunphy, already had worked out plans by early 2019 to claim phony "voter fraud" and that the election was stolen, if the then-President turned out to be the loser in 2020.

"On February 7, 2019," the suit alleges, "Giuliani told Ms. Dunphy...about a plan that had been prepared for if Trump lost the 2020 election. Specifically, Giuliani told Ms. Dunphy that Trump's team would claim that there was 'voter fraud' and that Trump had actually won the election."

Just wanted to make sure that gets out there today.

NEXT UP, we cover the reported results of a number of key state and local elections held on Tuesday, with overall very good results for Democrats (again) and some embarrassment for Florida Governor and hapless GOP Presidential hopeful Ron DeSantis. In an upset victory, voters in Jacksonville --- long the most populous city in the nation with a Republican Mayor --- chose Democrat Donna Deegan to take over. A Republican has served as Mayor there for all but 4 of the past 30 years. Now, it will be run by both a Dem and the city's first-ever female chief executive. That, after DeSantis endorsed her Republican opponent.

That wasn't the only embarrassment for Meatball Ron on Tuesday. In Kentucky, for some reason, he endorsed Trump's former U.N. ambassador at the last minute in the GOP primary for Governor. She came in third by more than 30 points. Trump's choice, Mitch McConnell protege and the state's first Black Attorney General, Daniel Cameron, will run against the popular incumbent Democratic Governor Andy Beshear this November. So, ol' Ron was 0 for 2 on the night, even if the candidate he endorsed in KY was a GOP megadonor that he hopes, I suspect, will want to return the favor by supporting a loser herself next year.

In Philadelphia, moderate Democrat Cherelle Parker emerged victorious from a group of five front-runners, defeating a more progressive Dem to win the primary. The win almost ensures Parker will become the City of Brotherly Love's 100th Mayor this fall, and the very first female, after 99 dudes in a row, to hold the position in the nation's 5th most populous city.

Dems also held on to the majority in Pennsylvania's state House, after narrowly taking it over, by one seat, for the first time in a dozen years in February. On Tuesday, the Democratic candidate won a seat in the state House recently vacated by a Dem accused of sexual harassment. In PA, the House sets the agenda for the entire state legislature, where Republicans still control the Senate.

And, Republicans may have dodged a bullet on Tuesday in the Keystone State when the only judge in the nation to rule in favor of blocking certification of the 2020 Presidential race lost the GOP primary to a not-insane Republican who will run against a Dem this fall for a recently vacated seat on the state's Supreme Court. No matter what happens in the general election, Democrats will retain a majority on the court in the critical battleground state.

FINALLY, an ever-optimistic President Biden on Wednesday announced that he will cut his planned overseas trip short to return to Washington on Sunday to finish what he believes is a possible deal to prevent the GOP from forcing the federal government into defaulting on our debts for the first time in history. We'll see if he's right about that. The Treasury Department warns that, without Congress raising the debt ceiling, we'll hit the dumb statutory debt limit as early as June 1, barring Treasury from borrowing more money to pay the bills for stuff that Congress and Presidents of both parties have already committed to paying for. Economic calamity would likely ensue in the U.S. and even across the globe if that happens.

But is it even necessary to play along with far-right Republicans hell-bent on holding the nation and world economy hostage to their pretend concerns about spending and debt? A number of Constitutional law experts, including Harvard's well-respected Laurence Tribe, argue that it is not. That the 14th Amendment makes clear: "The validity of the public debt of the United States, authorized by law, including debts ... shall not be questioned."

We're joined today by BRAD BLOG's longtime legal analyst, ERNEST A. CANNING, who agrees with Tribe and his argument that, in fact, there is no one who actually has the legal standing to sue the Biden Administration if he simply instructs Treasury to keep paying the nation's bills, as required by law, whether Congress raises the debt ceiling or not. Canning recently wrote an article explaining how a simple Executive Order from the President would do the trick.

But wouldn't litigating over the matter --- even the act of determining if, say, the GOP House had standing to sue --- still end up crashing the markets? Canning explains why he believes that will not happen and why Biden's concerns about invoking the 14th Amendment are unwarranted.

We also discuss Canning's recent article on how Ronald Reagan's veto of a 1987 bill to codify the FCC's Fairness Doctrine into law, led directly to the January 6 insurrection and the extreme threat that U.S. democracy now faces...

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On today's BradCast: It's official. Our former President has now been found liable by a federal jury for sexual assault. And, it's not a matter of partisanship, but a matter of facts and evidence. The Republican Party has now clearly become a Party of Terrorism in these United States. [Audio link to full show follows this summary.]

Among the stories backing up those assertions on today's program...

• A federal jury in New York on Tuesday, after no more than three hours of deliberation, found Donald J. Trump to liable for sexual abuse and defamation against magazine writer E. Jean Carroll after what she described as a rape in a New York department store in the 1990s. The jury in the civil case ordered Trump to pay some $5 million in damages to Carroll, even as he continued to lie about her both before and after the jury's unanimous decision.

• Nations around the world are now warning their citizens to take precautions when traveling to the U.S. due to all the terrorism, specifically the gun-violence by domestic-terrorists which the Republican Party refuses to do anything about. Instead, like Texas Governor Greg Abbott --- who has presided over an untold number of mass murders carried out with AR-15 and similar weapons in his state during his three terms as Governor --- they are pretending (again) that the real issue isn't the easy availability of weapons of war, but "mental health". And yet, at the same time, Republicans like Abbott have slashed hundreds of millions of dollars from, you guessed it, mental health care, even while working hard to both take health care away from folks who need it entirely and make it easier for those with and without mental health issues to buy still more high-powered, military-style weapons.

• We now know the identities of the 8 killed in the weekend mass murder at the Allen, Texas outlet mall, allegedly carried out by a neo-Nazi who echoed many ideas expressed by Republicans in his social media postings. One Korean American six-year old became an orphan during the weekend rampage as his mother, father and younger brother were all killed in the shooting. Two sisters in grade school were also murdered at the same time, along with a mall security guard and several others.

• Over the same weekend, a 14-year old girl, miraculously, wasn't killed in Louisiana, even though she was shot in the head by a man who saw shadows outside of his house and started shooting at them. The shadows were of neighborhood children playing hide and seek. But, at least the 58-year old man bravely "stood his ground" against the "threat". Yet another victory for the Republican Party of Terror.

• All of that as the Dept. of Justice Sentencing Memo we discussed on yesterday's program, "throwing the book" at the rightwing, Trump-supporting militia group Oath Keepers for their seditious conspiracy on January 6th at the U.S. Capitol, included a request for increased penalties for "terrorism" in the addition to the charges for which the conspirators were previously found guilty.

• If being the Party of Terror by Murder and Terror by Insurrection wasn't enough for today's Republicans, they are now working on adding the Party of Economic Terror to their list of accomplishments. With the "X-Date" now looming for when the U.S. Government runs out of borrowing authority to pay its bills --- including payments for decades of stuff mandated by Congress and Presidents of both parties --- the U.S. is facing the real possibility of default for the first time in its history. That's because House Republicans are, so far, refusing to simply vote to raise or ignore the dumb debt ceiling law unless the White House agrees to cut billions of dollars in spending on food assistance, health care (including for veterans) and much more. If the U.S. defaults on its debts and its ability to pay interest on loans, social security checks and salaries to the military (and much, much more), we could see a financial calamity in world markets and economies as early as June 1, according to the Treasury Department.

  If Republicans shoot the proverbial hostage this time around, the Biden Administration is reportedly considering invoking Section 4 of the 14th Amendment, the text of which states clearly, in pertinent part: "The validity of the public debt of the United States, authorized by law, including debts incurred ...shall not be questioned."

  Under this theory, the Treasury Department would simply continue to borrow, as needed, in order to pay bills already incurred, even if Republicans refuse to lift the Debt Limit. Remember, the Executive Branch is required, by law, to pay bills that Congress already mandated be paid. If the Government runs out of money and can't pay its bills, it would be in violation of myriad laws. On the other hand, if Treasury borrows money to pay our bills without the Debt Ceiling limit being raised by Congress, it would also be violating the law, albeit only that one, dumb one and, arguably, the U.S. Constitution. Harvard Law professor Laurence Tribe explains all of this in a weekend op-ed at the New York Times in which he details his reasons for having changed his mind about the debt limit.

• But, as Simon Rosenberg observed over the weekend, "If there was a terror org operating inside the US, how would it look any different then what we're seeing," from today's Republican Party? Good question, Simon. If al-Qaeda or ISIS had helped people obtain weapons to kill thousands of Americans, attempted to overthrow the U.S. Government in an insurrection and threatened to crash the U.S. and world economies, I suspect we'd have been in an actual shooting war with them long ago...

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Time is running out on today's BradCast. [Audio link to full show follows this summary.]

Among the many clock-ticking stories covered today...

• The contract for film and television writers ran out as of midnight last night. Today, 11,500 union members in the Writers Guild of America went on strike. The late-night comedy shows have already been shut down and, sadly, Americans are likely to be less well-informed because of it. We explain.

• The deadline for how long Republicans can hold the nation and world economy hostage to ill-considered, self-destructive extremist idiocy --- before blowing everything up and creating a first-ever default of the U.S. Government in the process --- got much closer as of Monday. The new earliest date for when the U.S. Government may run out of authority to borrow the funds needed to pay for stuff that Republicans and Democrats alike long ago committed to paying for is now June 1, according to Treasury Secretary Janet Yellen.

  Yet, House Speaker Kevin McCarthy and his band of reckless Republicans in Congress continue to exploit our dumb debt limit law to try and extort huge cuts to food and health care to millions of Americans (including veterans) along with a rollback of critical climate crisis initiatives in exchange for not destroying the nation's economy.

  President Biden is right not to negotiate with terrorists on this matter. The way the media covers this mess, however, will make a big difference in whether or not Biden's able to continue to do the right thing. In the meantime, we sure do hope he has a plan to handle the worst-case scenario that today's gerrymandered, death-wish GOPers may actually be dumb enough to cause for the first time in U.S. history.

• Not all Republicans have a death wish, apparently. On the same day last week, in two different "red" states, South Carolina and Nebraska, a handful of Republican state lawmakers voted to protect abortion rights. For now. It took the only two female Republican state Senators in South Carolina and one 80-year old Republican in Nebraska to block complete bans on reproductive freedoms. We'll see how long that lasts and/or if any other GOPers can figure out why they keep losing elections that they should have won after the corrupt U.S. Supreme Court overturned Roe v. Wade last year.

• Back in February we covered the news from Washington Post's Josh Dawsey that the Donald Trump's Campaign paid $600,000 to a research firm to investigate every single potential claim of fraud in the 2020 Presidential election. They found absolutely nothing and told Trump as much in December of that year. Nonetheless, on January 6, 2021, Trump went out and lied yet again to his supporters about fraud in the election, even though he was told all such claims were baseless. And now, Dawsey reports, a second firm was paid $750,000 by the Trump Campaign at the same time to also find no evidence of fraud. That firm told him as well, in advance of January 6. Special Counsel Jack Smith has now reportedly subpoenaed records and testimony from both firms, as he probes the Trump Campaign fraudulently raising more than $250 million from their own supporters based on fraudulent claims we now know Trump absolutely knew to be fraudulent at the time he made the fraudulent claims.

• Finally, Desi Doyen joins us for our latest Green News Report with non-fraudulent news on the impact of climate change on East Africa's deadly drought; the corrupted SCOTUS plans to undermine climate regulations next term; SpaceX grounded in Texas; and some better news for the climate out of the great state of California...

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We've got lots of dupes and lots of dopes on today's BradCast. You'll have to figure out which is which. [Audio link to full show follows this summary.]

Among our stories today...

• House Speaker Kevin McCarthy has introduced a 320-page proposal [PDF] of cuts to the federal budget that he suggests Republicans must have in exchange for not blowing up the nation's economy for less than a year. The cuts being demanded in order for a vote to raise the nation's borrowing limit to pay for what we've already committed to spending and avoid a first-ever U.S. government default, include taking away food stamps from more than 4 million hungry Americans, and federal health insurance from more than 2 million poor and disabled people. He's also demanding another $130 billion dollars of cuts in social programs for Americans next year alone, though he doesn't say which programs. The White House believes it would most likely include deep cuts to "education, veterans medical care, cancer research, meals on wheels, food safety and law enforcement.” McCarthy's dead-on-arrival debt limit proposal --- if he's even able to get his own party to pass it in the House --- would also increase the deficit (which Republicans pretend to care about) by nearly $200 billion in cuts to IRS enforcement. But that will keep more money in the pockets of corporations and the wealthy, so there's that.

• Perhaps most disturbingly of all, McCarthy is calling for cuts to much of the $400 billion in climate initiatives to clean the air and fight global warming over the next decade, as adopted by Democrats in last year's Inflation Reduction Act. If I was one of McCarthy's constituents in Bakersfield, California, I'd be particularly pissed off about that, given this year's "State of the Air" report from the American Lung Association, released on the same day as McCarthy's debt ceiling bill. If I lived in Bakersfield, I might wonder why my own Congressman wants to kill me? The new report finds McCarthy's home town at the very top of two of the Lung Association's lists...but not the good ones. Bakersfield is the #1 most polluted city in the nation, as ranked by both short-term and year-round particle pollution. On the other hand, it's only the third worst in the nation when it comes to ozone pollution. Why does Kevin McCarthy want to slash climate programs and further harm his own constituents?!

• Some of these folks may be both dupes and dopes. Back in 2021, bedding impresario and 2020 election liar Mike Lindell promised to reveal iron-clad evidence that China helped steal the Presidential election from the former guy. Lindell declared he had data, from a whistleblower or something, proving that they had done so, somehow, via the Internet. He offered a $5 million challenge at a three-day "cyber symposium" in South Dakota that year to anyone who could "Prove Mike Wrong" by showing that the data packets he claimed revealed evidence of Chinese interference of the election didn't actually prove as much. Well, some guy, a Trump voter named Robert Zeidman, did exactly that, according to an arbitration panel who was called in after Lindell refused to pay up. The panel found that Zeidman proved the so-called "packet captures" included little more than jibberish and had nothing to do with the 2020 election. Now Lindell has 30 days to pay up, though he says he's going to court instead. It's all quite hilarious, in truth. But it may just be an appetizer for the $1.3 billion defamation suit [PDF] still pending against him by the Dominion Voting Systems company.

• Of course, Lindell wasn't the only one to screw himself over at that "cyber symposium" in SD. That's where Colorado's former Mesa County Clerk Tina Peters was speaking on stage when sensitive Dominion Voting System software from her own county was leaked to the public over the Internet. Peters was later charged by CO with 7 felonies and 3 misdemeanors related to her alleged scheme to sneak into the secure voting system room in her county with accomplices late at night, as they turned off the security cameras to make unlawful copies of the election tabulation software. Her trial on those state charges comes later this year, but last month Peters was found guilty of obstructing a law enforcement investigation related to one of her accomplices. Last week she was sentenced to 4 months of home detention and 120 hours of community service. The penalties she is likely to face for breaching the County's voting system software is likely to be much much worse if she's found guilty.

• Finally, Desi Doyen joins us for our latest Green News Report, with more on Speaker McCarthy's attempt to gut landmark climate initiatives at the expense of humanity; record deadly heat in Asia; Trump-appointed judges gutting Berkley, CA's attempt to fight climate change; and a landmark approval for clean electricity transmission across several western states...

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IN TODAY'S RADIO REPORT: World's oceans hit highest temperatures ever recorded; Entire West Coast salmon fishery closed due to relentless drought; Global fresh water demand to outstrip supply by 40% as of 2030; PLUS: Biden protects public lands and waters with new national monument declarations... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Billions of people lack access to clean drinking water: UN; Older Americans blockade banks to protest fossil fuel financing; Biden introduces new Ocean Action Plan; Armadillos are showing up farther north as the climate warms; Trump appointees interfered to weaken EPA assessment of toxic chemical; As enforcement lags, toxic coal ash keeps polluting US water; California sea otters killed by rare parasite strain; Kentucky flood waters receded months ago, but for many the crisis continues; Wildfires in northern forests broke carbon emissions records in 2021... PLUS: The dark history of using water as a weapon... and much, MUCH more! ...

On today's BradCast: If lying to Americans about crime failed to result in a "red wave" for Republicans in 2022, perhaps lying to them about "woke" banks will do the trick in 2024! I'm sure it'll work. [Audio link to full show is posted below this summary.]

Among the many stories and important context offered on today's program...

• Moody's considers downgrading the U.S. banking sector in the wake of several bank failures in recent days, even while declaring that the industry's outlook remains strong.

• Inflation has eased slightly over the past month, according to the U.S. Bureau of Labor Statistics. Wall Street rejoices.

• Elizabeth Warren, as usual, was right when she warned in 2018 that rolling back the Dodd-Frank Act (enacted to prevent bank failures after the 2008 banking crisis) to loosen regulations and oversight of banks like Silicon Valley Bank and Signature Bank would end in disaster. As she noted at the time, before Donald Trump signed the bill to loosen restrictions on financial institutions: "Washington is about to make it easier for the banks to run up risk, make it easier to put our constituents at risk, make it easier to put American families in danger, just so the C.E.O.s of these banks can get a new corporate jet and add another floor to their new corporate headquarters." As usual, we should have heeded her warning.

• Today we explain exactly happened that resulted in the failure and subsequent federal takeover of SVB and Signature by the FDIC, in case it hasn't yet been made clear. And, while the unnecessary failures stem directly from loosening government oversight and restrictions on banks to gamble with depositer funds, as allowed by Congress and Trump in 2018, what didn't cause it, is "wokeness." That's the explanation from Fox "News" over the past few days for what happened.

• The cause of the bank failures was also not ESG (Environmental Social Governance) or DEI (Diversity, Equity and Inclusion, as Fox itself boasts about on its own company's website) or CRT or LGBTQ or anything else that Fox and Ron DeSantis are lying about to Americans about.

• But what does appear to be true, when it comes to the latest Fox/DeSantis boogeyman of "woke", is that Americans have no problem with being "informed, educated on, and aware of social injustice," the definition of "woke" according to most Americans in a new USA Today/Ipsos poll. The same survey also finds Americans overwhelmingly (75% to 21%) in opposition of book banning by state's such as DeSantis' Florida.

• 81-year old Republican minority Senate Leader Mitch McConnell has now been released from the hospital after suffering a concussion from a fall last week. But he has checked into inpatient rehab for some reason. We truly hope he will be okay, if only because he may now be the only thing still holding together Congressional GOP support for Ukraine in its war against imperialistic invading Russia.

• As we learned on Monday night via Tucker Carlson on Fox, DeSantis is now against supporting Ukraine in what he now describes as a "territorial dispute" with Russia, the authoritarian-led nation that has invaded it. As it turns out, DeSantis, while a member of Congress, was strongly in favor of the U.S. supporting Ukraine with lethal aide against Putin. That was before he became a contender for the 2024 GOP Presidential nomination and decided to be against it. The survival of democracy in Europe is, apparently, no longer important for either of the GOP's two 2024 front-runners. Donald Trump has said his "peace plan" is to allow Russia to "take over" parts of Ukraine.

• But some good news for democracy out of New Mexico, where the state legislature finally passed a voting rights bill on Monday that will expand the franchise to all residents who are now out of prison; strengthen access to the ballot for Native Americans; make Election Day a state holiday; and significantly strengthen the state's automatic voter registration program.

• Finally, Desi Doyen joins us for our latest Green News Report. Among our stories: The Biden Administration's approval of controversial new oil drilling projects in Alaska, even while banning future such operations in Alaska and the Arctic Sea at the same time; Mack Truck introduces another electrified model; and Tropical Storm Freddy smashes all-time records in the Indian Ocean...

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Why isn't the FBI or DoJ investigating the broad, multi-state conspiracy, carried out by Trump supporters after the 2020 election, to breach sensitive voting and tabulation systems? Especially with the 2024 elections now coming into view? Disturbing new evidence of the DoJ and FBI's LACK of action on today's BradCast!

But, first up, a few quick words on the federal takeover of several failed banks late last week and into the weekend (after the Trump Administration rolled back regulations enacted after the 2008 banking crisis to help prevent such failures), and then on Biden's decision to allow a controversial new oil project on federal lands in Alaska, while otherwise ordering the federal protection millions of acres in Alaska and the Arctic from similar future drilling projects.

Next, a few quick words on former Vice President Mike Pence's weekend comments at the Gridiron Dinner in D.C., characterized by many in the corporate media as his "toughest words yet" against Trump's incitement of insurrection on January 6, 2021.

While Pence was, in fact, heroic that day in refusing to leave the Capitol while it was under siege by Trump supporters, until the Electoral College vote was officially certified, the former Veep's recent legal challenge to a Subpoena to testify before the Grand Jury in Special Counsel Jack Smith's probe of the deadly 1/6 probe is unconscionable.

Among Pence's reported comments at the no-cameras-allowed Gridiron Dinner on Saturday: "History will hold Donald Trump accountable." (No, sir. It's not history's job, it's law enforcement's! And, as a witness to a crime, it's your responsibility to help them!) Also, he repeatedly praised media and said, "I expect members of the fourth estate to continue to do their job" in covering the tragic, shameful events of that day. But, guess what? While it's the media's job to report on what happened, if witnesses don't tell law enforcement what they know, then those who should be held accountable will not be.

Then, speaking of people not being held accountable, why hasn't the FBI begun a probe of the multi-state effort, headed up by Trump's then-attorney Sidney Powell, to unlawfully and surreptitiously make copies of voting and tabulation system software in at least four states after the 2020 election? We now know that this happened in Coffee County, Georgia, Mesa County, Colorado, several townships in Michigan, and at least one county in Pennsylvania. We also have evidence that the conspirators planned to breach the election system in Nevada as well.

America's computerized election systems were officially designated as "critical federal infrastructure" during the Obama Administration. Shouldn't evidence of a multi-state conspiracy to unlawfully make copies and release that proprietary software publicly be a crime worth probing by the FBI? Especially before 2024?

SUSAN GREENHALGH, a longtime election integrity and transparency expert and Senior Advisor on Election Security at Free Speech For People thinks so. She and 14 other cybersecurity and voting system experts wrote a letter [PDF] last December to Attorney General Merrick Garland, Special Counsel Jack Smith, FBI Director Chris Wray and Cybersecurity & Infrastructure Security Agency (CISA) Director Jen Easterly, seeking a federal probe, given the overwhelming evidence of this MAGA conspiracy and the recent evidence that they are using the stolen software and knowledge gained from it for potentially nefarious means.

"The people that got the software seem to be interested in further disrupting elections," Greenhalgh tells me today. "They already tried once to disrupt an election and impact the results in 2020 and we see that this is continuing. The software that was taken unlawfully in Coffee County, Georgia, showed up at CPAC [the Conservative Political Action Conference] CPAC last week, in a presentation by a bunch of conspiracy theorists making a lot of unfounded and really disturbing false claims about elections in it."

"We can see the software already being used for disinformation campaigns," she continues, "but it could actually be used for much worse, like to reverse engineer it and create malware to impact and potentially corrupt an election."

As the Los Angeles Times reported last week, Greenhalgh has now heard back from the head of the FBI's Public Corruption and Civil Rights Section, in a polite, if terse, four-paragraph letter [PDF] that seems to not only suggest that the FBI is not investigating the matter, but to do so they would have to receive a request from local or state officials.

That doesn't make much sense. This is a federal issue, if only because it appears to be conspiracy stretching across multiple states. Moreover, as Greenhalgh explains, such requests have been made, for example, by the State Board of Elections in Georgia.

So, what is going on here? Is the matter being probed by the feds, but the FBI is suggesting otherwise (since they may not wish to comment on ongoing investigations)? Is it not being probed at all, for some reason? If so, why not? And, why does all of this matter? Greenhalgh answers those questions and many others on today's BradCast!

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In addition to "chaos and dysfunction", MAGA Republican extremists, who now exercise dominance over the U.S. House agenda, have also recently advanced a pair of Orwellian-titled bills.

On Wednesday, Rep. Elise Stefanik (R-NY) boasted via Twitter that the "House passed my REIN IN inflation Act today."

There isn't a single word in her short, single-page bill, the "Reduce Exacerbated Inflation Negatively Impacting the Nation Act", which serves to "rein in" what U.C. Berkely Economics Professor and former Labor Secretary Robert Reich described as the principal driving factor for today's inflation: corporate greed. To the contrary, per the Congressional Budget Office, the measure simply mandates that Presidents provide an "estimate" on the potential inflationary impacts of "major" executive orders.

Meanwhile, these same House Republicans aspire to devastate the middle and working classes via their Orwellian-titled "Fair Tax Act" (HR-25), which Reich described as "one of the most regressive proposals in a generation, imposing a 30% federal sales tax on everything Americans buy from gas to food." That tax increase would be piled onto the backs of the bottom 63% of Americans who are currently "living paycheck-to-paycheck," according to a new report.

It would be nothing short of farcical for Republicans to suggest a new, 30% sales tax would be offset by HR-25's elimination of the IRS, the federal income tax (both corporate and personal), FICA (the taxes that fund Medicare and Social Security), and estate taxes (currently applicable only to estates valued over $12.92 million).

At present, the payroll tax rate for low income Americans is 14.1%. As Truthout's Jake Johnson observed, quoting Matt Breunig of the People's Policy Project, the so-called Fair Tax Act would force the poorest Americans to "pay roughly 70% of their income in taxes as the result of the bill's levy on consumption."

Inflation is defined as "a rise in prices, which can be translated as the decline in purchasing power over time." According to Investopedia, the highest rate of inflation ever experienced in the U.S. (29.78%), occurred in 1778. HR-25 would top that 245-year old mark via a 30% increase in the cost of everything we buy.

I hope someone has told Elise Stefanik.

There's a reason we don't spend much time discussing the Right's phony "culture war" BS on The BradCast. Today, we talk about why. [Audio link to full show follows below.]

We go into much more detail on the program, but perhaps the biggest reason is likely that most of these so-called "culture wars" aren't any such thing. But talking about it, helps to make them appear to be such a thing. Whether it's outrage over BLM or CRT or, more lately, ESG, the GOP and FNC and all of their various corporate sponsors (mostly from the oil and gas industry), prefer spending time on ginned-up, phony nonsense to keep their readers, listeners and viewers angry, so they don't notice how the Republican Party has absolutely nothing but pain and thievery to offer them.

When the non-wingnut corporate media and Democrats jump in to respond to those ginned-up issues, sadly, the Right has succeeded in creating yet another "partisan" "culture war" out of whole cloth, in which they are able to claim there is a pitched partisan battle between "both sides". They've been mastering this scam for years, and the media and Dems have been falling for it for years as well.

One might think, for example, that the nation is bitterly divided in the "culture war" over abortion rights, one of the GOP's decades-old stand-bys. In fact, it's not much of a partisan or left/right or Republican/Democratic issue at all. The vast majority of Americans, across party lines, support reproductive freedom. And a recently released detailed survey from PRRI (of about 23,000 people in all 50 states!), demonstrates that there is not one single state in the union where a majority of the population supports the overturning of Roe v. Wade. Not one. Not even in the Deep South.

But maybe if you're furious enough about "ESG" you won't notice the Constitutional freedoms the GOP has just stolen from all of us. What's ESG? Well, the folks who watch Fox "News" almost certainly know what it is. It stands for "Environmental Social Governance." And, while the corporate concept has been around for about 20 years, Republicans, with the encouragement (and lots of money) from the fossil fuel industry, have only recently decided to become furious about it. Yup, they're hoping --- and the media are helping --- to turn it into yet another pretend "culture war".

Republican Presidential hopefuls like Florida's Ron DeSantis, Texas' Greg Abbott and former Vice President Mike Pence are all over those "woke" corporations who consider things like the health of the environment when making investments and other business decisions. As discussed today in some detail, Republicans have now decided that sort of thing must stop immediately! Failing to invest as much money as possible, including public funds, in the fossil fuel industry that is helping to wipe out humanity, will almost certainly result in grandma's retirement fund going bankrupt! Or something. And it now appears we're all gonna be dumb enough (again) to help these fake Fox "News" and fossil fuel industry outrages become a real thing.

Just this once --- hopefully, today only --- we're gonna talk about it so you understand exactly what's going on and how you're getting played...so hopefully we'll all stop falling for these scams over and over again.

Also today, a follow-up to a story we covered last week, when Kris Mayes, the new Democratic Attorney General of Arizona, released documents from her office that the previous Attorney General, Republican Mark Brnovich, appears to have forgotten to release before leaving office in January.

Among other things, the documentation reveals that Brnovich's office spent some 10,000 taxpayer-funded hours in 2021 investigating phony claims of election fraud in the state's 2020 Presidential election, assigning everyone in the office to the matter at one point. And though the probe was completed by March 2022, Brnovich never bothered to release the findings, that there was no evidence the election was stolen from Trump in Arizona, to the public. Instead of letting his state and the nation know, during his failed run for the state GOP nomination for U.S. Senate last year, Brnovich lied about the investigation. He told state lawmakers and the public that his office had found "serious vulnerabilities", even while he was ignoring his own staff's recommendations to come clean about the facts.

We covered those disturbing revelations from Mayes last week. And now, the state's new Democratic Governor, former Sec. of State Katie Hobbs, has filed a complaint against Brnovich with the state bar association. Hopefully, that complaint will result in sanctions or even disbarment for the state's corrupt, former top attorney, who was already under sanctions from the state bar association, as it turns out, when he misled the public last year about all of this.

Finally, it's Desi Doyen with our latest woke, ESG, Green News Report! Today, we focus on continuing drought conditions in California, despite the recent series of major storms and continuing, bizarre, climate change-fueled weather across much of the nation; Also, we cover the railroad industry's opposition to new regulations following outrage (phony or otherwise) over the recent toxic train derailment in Ohio...

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We've just about arrived at the point where the corrupt, stolen and packed rightwing U.S. Supreme Court almost isn't even trying to hide their corruption anymore. And, yes, as discussed today on The BradCast, that includes the Chief Justice. [Audio link to full show is posted below this summary.]

First up, Lori Lightfoot, the first black female and openly gay Mayor of Chicago was reportedly knocked out of contention in her reelection bid on Tuesday. It is the first time in 40 years that an incumbent Mayor was unseated. (The last one was the city's first female Mayor.) Paul Vallas and Brandon Johnson will go on to compete in the run-off set for April 4. Vallas is a "tough on crime" candidate vowing to add hundreds of police to the streets of the nation's third-largest city. He is supported by the police union, the Fraternal Order of Police, whose leader defended January 6 insurrectionists and equated Lightfoot's vaccine mandate for city workers to the Holocaust. Johnson, an African-American supported by the teachers union and progressive organizations, has called for more money to be spent not on police, but for mental health care, education, jobs and affordable housing.

Next, we're joined by DAVID DAYEN, progressive financial journalist, author and Executive Editor of The American Prospect to discuss Tuesday's oral arguments at SCOTUS on two different challenges --- both largely absurd --- to President Biden's student loan forgiveness program. But for being blocked by Republican-appointed lower court federal judges, the plan would forgive up to $20,000 for federal student loan borrowers making less than $125,000/year under the authority of the HEROES Act. The 2003 law, adopted by Congress and signed by the President in the wake of 9/11, grants authority to the Education Secretary to "waive or modify any statutory or regulatory provision" regarding student loan programs in the event of a national emergency.

Despite the legal authority granted by the clear language of the text, Republican lower court judges have blocked the program to date, and the corrupt rightwing Justices at SCOTUS seemed to be working hard to do the same during the 3-and-a-half hour hearing at the high court on Tuesday, according to Dayen. The Biden Administration, as he explains, has invoked the very same legal authority from the HEROES Act to "waive" student loan payments as the Trump Administration used to pause them during the pandemic. Of course, neither Trump's authority to do so, nor its authority to issue hundreds of billions of dollars in forgivable PPP loans to small businesses during the crisis, was challenged in court --- or saw its "fairness" questioned --- by Republican litigants. Low income student loan borrowers, however, are apparently a different matter.

There are two different sets of GOP plaintiffs challenging Biden's plan. One (Biden v. Nebraska) is a group of six Republican-controlled states (Missouri, Nebraska, Iowa, Arkansas, Kansas and South Carolina) and the other (Dept. of Education v. Brown) is two individuals who failed to qualify for student loan forgiveness. It seems that neither group of plaintiffs should have legal standing to sue at all in these cases, as neither seems to be able to demonstrate any real harm or injury. If these cases are to be tossed, it will likely be on those grounds. But, the Court's rightwingers sure did seem to want to block this program during Tuesday's hearing, citing the absurd and wholly-made-up, found-nowhere-in-the-Constitution "Major Questions Doctrine" as just one way to do so.

Dayen details the entire fiasco for us today. The Court will issue its opinion no later than June or July as hundreds of billions in financial relief for those need it most hangs in the balance.

Also discussed with Dayen today: The high court has decided to hear a case on whether the funding mechanism for the Consumer Finance Protection Bureau (CFPB) --- the brainchild of Elizabeth Warren during the Obama Administration following the 2008 financial crisis as the only federal watchdog agency focused mainly on consumers --- is unconstitutional. "If you believe it is," quips Dayen, "then you believe that not only numerous other agencies in the federal government have unconstitutional funding structures, but things like Social Security and Medicare are unconstitutional." A similar funding mechanism has been used for decades, without challenge, by the FDIC, the FDA, the Federal Reserve and many others.

Dayen describes the ruling that the CFPB's entire funding mechanism is unconstitutional as coming from the "deeply radical" 5th U.S. Circuit Court of Appeals. He seems to be hoping that SCOTUS has decided to hear this case next term (which begins in October) in order to reverse or, at least clarify, the lower court's ruling. We'll see if he's right about that.

Finally, we discuss drug-maker Eli Lilly's announcement today that the company plans to lower the cost for insulin, after President Biden and the Democrats' Inflation Reduction Act, adopted last year, capped expenses for the drug at $35/month for federally insured patients, such as those on Medicare. Also, we discuss today's announcement of the nomination of Julie Su as Biden's new Labor Secretary to replace the departing Marty Walsh. As Dayen reports, the clever appointment of Su, a California progressive, will place her in charge of the Department whether her nomination is blocked in the Senate or not...

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