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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Constitutional Due Process plays a starring role in today's BradCast --- as it damned well should --- in several different stories of note. [Audio link to full show follows this summary.]

• Today, we revisit the ridiculous story about the one election from 2024 that is still unsettled. At least it was before Monday, when a federal district judge may have finally put an end to it. We'll see. This is the contest for a North Carolina Supreme Court seat, where incumbent Democratic Justice Allison Riggs' re-election was challenged by her opponent, Republican Judge Jefferson Griffin. At least two recounts found that he lost by 734 votes out of more than 5.5 million cast. Nonetheless, Griffin has been deploying a playbook clearly created for Donald Trump prior to last year's election, in demanding some 65,000 lawfully cast ballots be tossed out entirely --- though only in a few Dem-leaning counties, and only for his race. We unpack all the details again on today's show. But, long story short: The state Supreme Court (dominated 6 to 2 by Republicans, or 6 to 1 in this case, since Riggs recused herself) recently okayed the potentially disenfranchisement of thousands of NC voters to help out Griffin. But Riggs then took the matter to federal court, where U.S. District Court Judge Richard Myers --- a Trump-appointee --- on Monday said absolutely not. You may not change the rules of an election after an election and violate the Constitutional Due Process of voters in the bargain, according to his order [PDF]. This is, of course, very good news for Riggs, but also for democracy itself. Hopefully, it's finally over. We'll see if Griffin chooses to keep his six-months of idiocy and attempted vote suppression going on appeal. Myers has given him one week to decide.

• Trump said over the weekend that he just doesn't really know if the Due Process mandates of the Constitution are actually, ya know, mandatory. He was answering questions about his use of the Alien Enemies Act of 1798 to detain and deport alleged gang members from Venezuela to a gulag in El Salvador for a life sentence, without ever allowing them a day in court to make their case, or even contact with lawyers or family. But the AEA law may only be invoked in the first place against migrants from nations that have declared war on the U.S., or in the event of "invasion" or "incursion" directed by a foreign government. That is certainly not the case with Venezuela, though Trump argued otherwise in his invocation of the wartime law. Earlier this year, reporting from the New York Times and Washington Post revealed that the U.S. Intelligence Community (IC) found back in February that there was no evidence of Venezuela's President directing an invasion of the U.S. Trump made his proclamation to begin deportations in March anyway. At the time, the Admin claimed the reporting was wrong and the DoJ vowed extraordinary measures to track down the leakers. But, according to a redacted memo released on Monday under the Freedom of Information Act by the Office of the Director of National Intelligence, summarizing the IC's findings, the newspapers had it right and --- I hope you're sitting down --- it appears the Trump Administration was lying about all of this from the jump.

• In related news, yet another federal judge --- this time in the Southern District of New York --- has enjoined the Trump Administration from moving migrants detained under the Alien Enemies Act until they are given full Due Process. The ruling was not unlike one from a Trump-appointed federal judge in South Texas last week. In this case, U.S. District Judge Alvin Hellerstein, a Clinton appointee, found [PDF] that since the Administration has "not demonstrated the existence of a ‘war,’ ‘invasion’ or ‘predatory incursion,’ the AEA was not validly invoked by the Presidential Proclamation."

• Meanwhile, the fortunes of Trump buddy and richest man on earth, Elon Musk --- also, potentially, the world's most hated --- are really beginning to nose dive. Aside from users fleeing Twitter/X in droves this year in the wake of both his partnering with Trump and the Nazification of the social media site, the future of his Electric Vehicle company appears even bleaker. The stock price of Tesla is down some 40% since he DOGEd himself to Trump last December and subsequently outed himself as a far-right extremist. But sales of the company's cars in Europe have fallen even farther. According to new numbers out this week from both Germany and the UK, where, even as overall sales of cars is dropping, EV sales are booming --- at least for companies not owned by Musk --- Tesla sales continue to drive over a cliff. They are down 46% in Germany compared to last April, and a whopping 62% in Britain. Sad!

• Finally, Desi Doyen joins us for our latest Green News Report, as drastic cuts to the National Weather Service are now beginning to endanger public safety, according to its former leaders; Trump's DoJ is suing states to block climate laws and lawsuits; and the Administration plans to shrink National Parks in the U.S. to make room for more mining and drilling, and violate international law by mining the sea floor...

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On today's BradCast: The pointless bleeding on Wall Street caused by Donald Trump's trade wars slowed a bit by end of day Monday after a roller coaster ride throughout the day. U.S. markets ended largely down, through not as sharply as the two days last week just after Trump announced enormous sanctions against pretty much every nation in the world (other than Russia), for no explainable reason. [Audio link to full show follows below this summary.]

Given the pointlessness of it --- with even Republican billionaires and long-time supporters turning on him --- and the lies told by Trump when announcing his tariffs, we turn to Trump-supporting callers for an explanation. Would they be willing to call in and defend this madness? Spoiler: We don't get any persuasive explanations. Though we do get some interesting lies from one Trumper and some reasonable explanation from folks who don't support him or what he's doing to the world.

Also today, the tragic story of Maryland resident Kilmar Armando Abrego Garcia continued to churn late last week, into the weekend, and right up until airtime. The 29-year old father from El Salvador with a wife and five-year old autistic son (both U.S. citizens), had been protected from deportation by an immigration judge back in 2019 after escaping gang persecution in his home country. Last month, however, after detaining him in an Ikea parking lot in front of his son, the Trump Administration "mistakenly" sent Abrego Garcia to a gulag in El Salvador. Now they claim it's too late to get him back from the violent prison where, the judge noted, he faces threats from the same persecutors he'd escaped years ago. On Friday, a federal judge ordered the federal Government to bring him back. Today, just before air, Chief Justice John Roberts placed a (supposedly temporary) administrative stay on the U.S. District Court Judge's order on behalf of SCOTUS, following an emergency appeal by the Trump DoJ. Where it all ends, nobody currently knows.

And finally, before we turn to the phones, the remarkable story out of North Carolina, where a majority Republican state appeals court panel on Friday ordered that more than 60,000 voters should be stripped of their vote in last November's state Supreme Court election if they can't cure supposed problems with their ballots or voter registrations within 15 days. They would be robbed of their vote, but only, apparently, in the Supreme Court election. Losing Republican candidate Jefferson Griffin claims that the 60,000+ voters voted unlawfully in his contest against incumbent Democratic Justice Allison Riggs, even though they didn't. They followed all rules and laws in place at the time. Nonetheless, the 2 to 1 GOP appellate panel ordered those voters, including overseas military voters, to be given 15 days to be contacted and somehow cure supposed defects with their mail-in votes or voter registrations. This is part of Griffin's challenge to the election held almost six months ago, in which he lost to Riggs by 734 after two recounts and certification by the State Board of Elections. The matter now goes to the state Supreme Court, where Republicans have a 5 to 2 advantage over Democrats. One of those Dems is Riggs, however. She has recused herself. If the Court ties 3 to 3, the lower court ruling would stand...unless the federal court jumps in to put an end to this disturbing unconstitutional nonsense and blatant attempt by Republicans to steal another election before our very eyes...

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IN TODAY'S RADIO REPORT: Flood-ravaged Carolinas struck by another round of wildfires, as Trump pushes to dismantle FEMA; Melting glaciers around the world threaten water supplies for billions of people; PLUS: Fossil fuel industry pushing Congress to give it 'immunity' from liability for climate damages... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The doublespeak of Energy Secretary Chris Wright; Congress seeks trillions in cuts. Will oil industry's tax breaks skate by?; NIH ends future funding to study the health effects of climate change; The vicious cycle of extreme heat leading to more fossil fuel use; Juliana v. US: Supreme Court decision brings 10-year climate case to an end; Fossil-funded research used to avoid paying workers hurt by 2010 Gulf spill... PLUS: Climate deniers shift focus to renewable energy skepticism... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Tornadoes, wildfires, and dust storms wreak havoc across Central and Southern US; Trump Administration mass firings endanger accuracy of weather forecasts; PLUS: Trump EPA rescinds vital permits for New Jersey offshore wind project... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'We don't have anywhere to go.' In Ghana, rising seas, powerful waves sweep away homes; Environmental groups sound alarm as fossil fuel lobby pushes for immunity; Hope for a Trump energy boom is marred by anxiety about tariffs; Climate scientist Dr. Michael Mann targeted again in court; Want cheap power, fast? Solar and wind farms have a suggestion... PLUS: Trump halted Agent Orange cleanup, putting hundreds of thousands at risk... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Trump Administration's federal funding freeze hits America's farmers hard; Extreme drought, high winds spark more than a hundred wildfires in the Carolinas; PLUS: Trump and Musk fire experienced meteorologists from the National Weather Service... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 50 percent GDP collapse ahead from climate impacts? Actuaries sound the alarm --- who is listening?; Ontario will cut off U.S. electricity exports 'with a smile on my face,' Ford says; In many of Appalachia’s flood-ravaged areas, residents have little choice but rebuild in risky locations; Trump DOJ to drop lawsuit against polluting LA petrochemical plant; How to eat and drink fewer microplastics... PLUS: Wall Street Journal: Clean energy transition is unstoppable... and much, MUCH more! ...

You'll be delighted to know that we've got a (mostly) non-Trump related election story for you on today's BradCast, and a guest here to discuss it! Though we've got a few Trump related stories we have to get to first. Sorry. [Audio link for complete show follows this summary.]

Among our coverage today...

• Donald Trump has "plainly violat[ed] the First Amendment," according to an announcement last night from the Associated Press. The notice was in response to the White House blocking the 178-year old nonpartisan global news outlet from the President's Oval Office signing of an Executive Order with self-proclaimed "free speech absolutist" Elon Musk, giving him and his DOGE Bros government-wide control of the hiring and firing of all federal workers at all federal agencies other than the Defense Dept. AP's punishment was because Trump doesn't like the way the AP Style Guide refers to the Gulf of Mexico after he declared that it should be called the Gulf of America. The White House affront to First Amendment free speech and free press rights echoes former Fox 'News' host turned Defense Secretary Pete Hegseth's order last month to remove a number of well-established news outlets, such as New York Times, Washington Post, NPR and NBC News, from offices they've occupied for decades at the Pentagon. Rightwing MAGA "news" outlets will be given those spaces instead.

• Free speech doesn't fare any better under Trump, even when it comes from independent federal government Inspectors General. On Tuesday, after the IG at the U.S. Agency for International Development (USAID) issued a 6-page report [PDF] critical of the Administration's pause of all agency activities, Trump fired him. The report found that the attempted Trump/Musk/DOGE shutdown of largely all of USAID's critical foreign aid work around the globe and evacuation of thousands of overseas workers would result in, among other things, hundreds of millions of dollars of already-shipped food for starving people rotting in ports; life-saving medicine for deadly diseases remaining in warehouses unused; and "inadvertently funding entities or salaries of individuals associated with U.S.-designated terrorist organizations.” Obviously, that guy had to go!

• The latest Inspector General firing came the day before 8 of at least 17 IGs fired in Trump's first week, in pretty clear violation of the Inspector General Act of 2022, filed a lawsuit today in the U.S. District Court in D.C., challenging their unlawful "purported removals". The 32-page complaint [PDF] charges, among other things, that these IGs, with decades of experience between them, "have been sent a message that non-partisanship and truth-telling will not be tolerated. That message will have the effect of intimidating the [inspector general] workforce and thus chill their critical work for the American people."

THEN... It's on to the last unsettled race of 2024.

While Trump won the narrowly divided swing state of North Carolina last year, Democrats won almost every other election on the statewide ballot, from Governor to Attorney General, etc. Their candidate for the state Supreme Court, current Justice Allison Riggs, defeated her Republican challenger Judge Jefferson Griffin by just 734 votes out of 5.5 million cast statewide. That narrow result was certified by the State Board of Elections after a post-election canvass, audit and two recounts requested by Griffin.

But Griffin is still challenging the result in state court, arguing that some 66,000 early and mail-in ballots cast by North Carolinians should be tossed out because some registrations lacked drivers license or social security numbers (even though many of those cases were due to database clerical errors on the part of officials, not registrants, or were created before the law required that information); other challenged ballots come from military and oversees voters without copies of Photo IDs included in the mailing (which Griffin maintains is now required under the state's new polling place Photo ID restrictions); or were cast by U.S. citizens who never lived in the U.S. (even though they were born to U.S. citizen parents and have always been allowed to vote).

Griffin is hoping to defy state election officials with a friendly ruling from the state Supreme Court, which has a 5 to 2 Republican advantage --- or 5 to 1, since Riggs has recused herself from this case. Riggs, on the other hand, is seeking relief in federal court, where federal law would almost certainly block the tossing of 66,000 ballots from voters who followed the rules for the election.

To try and make sense of this absurd mess, we're joined today by DEBRA DICKS MAXWELL, President of the North Carolina state chapter of the NAACP. Last week, Maxwell wrote an op-ed pointing out that minorities and young voters are disproportionately disqualified in Griffin's list of ballots that he wants to toss. She noted that he is seeking an unprecedented "do-over" election, even though countless races in state history have been proven by courts to have violated the rights of voters, particularly when it comes to gerrymandered elections found to have been conducted with Congressional districts that violated the Constitution and Voting Rights Act both before and after the elections were run.

"We at the NAACP North Carolina State Conference have never been granted any relief like that, even in cases where we proved that Black voters’ rights were violated," she tells me. "They did not enjoy a 'do-over' because of the gerrymandering by the General Assembly, stacking and packing Black votes into fewer districts [so] there was less representation for people of color at the legislative level. That did not change."

"Judge Griffin is refusing to concede and accept [the results] since he has friends on the North Carolina State Supreme Court," she argues. "Judge Griffin should concede. But because he feels that the results don't matter, 'what I want matters', that is sending the wrong message to thousands of voters, not only in this state but across the country."

If Griffin receives a new election, Maxwell warns, "that would send seismic waves through this county, this state, and even through the country to ask for a do-over." Among other things, she asserts, it would decrease voter participation in future elections when people wonder "'Why should I vote when they are just going to call it how they want it?' Especially as we are gathering thousands of those people who are on that 60,000 list. One of my chairs in the NAACP told me, 'I'm on that list!' We know people who are on there. They are very upset."

Maxwell also explains that the state NAACP is currently "winning on results of a federal [Photo] ID case" filed last May. "It is February and we are still waiting on the outcome." But, if they win the case, she says, it doesn't mean that last year's elections will receive a "do-over"...

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IN TODAY'S RADIO REPORT: Donald Trump weaponizes disaster, calls for dismantling FEMA; First rain in months helps douse Los Angeles Fires; PLUS: New York City's congestion pricing is working, with fewer crashes and pedestrian injuries... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Trump’s scorched earth executive orders for the environment; Ocean warming accelerating rapidly, new study warns; Stanford sea turtle study uncovers new effects of global warming in the Pacific Ocean; Trump looks to seize control of California water; Notorious WV chemical plant polluting water with toxic PFAS, lawsuit claims; Storm Eowyn brings hurricane-level destruction to Ireland... PLUS: How Big Insurance’s investment in fossil fuels came back to bite it... and much, MUCH more! ...

As usual, the incoming President has almost no clue what he's talking about. Not that he cares or that it matters. That's especially true, as discussed on today's BradCast, when it comes to elections and voting laws. [Audio link to full show follows this summary.]

FIRST UP... It's another one of those fire-hose news days akin to what we experienced, day after day, during the first Trump term. We can only cover what we can cover. So, we start with the news, as reported by CNN today, that the House Ethics Committee voted in secret earlier this month to release the report from their years-long investigation of allegations against now-former Rep. and now-former Attorney General nominee Matt Gaetz. The report, which Republicans on the bipartisan panel voted against releasing in November, is said to focus on allegations of Gaetz' salacious sexual misconduct with minors, illicit drug use, and other crimes, potentially included bribery and more. CNN says the Committee has decided to make the report public "after the House's final day of votes this year" unless they "change course now that it has voted."

NEXT... In an update to a story we've been following since last month's election, the North Carolina State Board of Elections has decided it will not order a full hand-recount in the election for State Supreme Court between the incumbent Democrat, Justice Allison Riggs, and her Republican opponent, Jefferson Griffin. The original computer-reported tally from the November 5 contest found Riggs defeated Griffin by 623 votes out of more than 5.5 million ballots cast. A Griffin-requested machine recount widened Riggs' lead to 724 votes over the Republican challenger, who then requested a hand-count. State law allows a small number of precincts in each county to be hand-counted before ordering a full hand-count in the event that the smaller audit is way out of line with the computer recount. In the hand-count samples in all 100 counties in NC, both candidates picked up votes (Riggs gained 70, Griffin picked up 56), but it was not enough to trigger a full, statewide hand-count. With Riggs declared the certified winner, Griffin is also seeking to toss some 60,000 ballots out entirely, claiming those voters, including military and overseas voters, were either not entitled to vote or to have their votes counted. The matter is expected to end up at the state Supreme Court. Presumably, Justice Riggs, one of just two remaining Democrats on the seven-person High Court, will recuse herself if that happens.

THEN... Donald Trump has been vowing and/or threatening to end Joe Biden's "EV mandate" on "Day One" when he takes office, even though there is no Biden "EV mandate." A week or so ago on Meet the Press, Trump reiterated his plans to sign Executive Orders to "end the electric mandate immediately for the cars" and for "ending a lot of the environmental things that were ridiculous that hurt our country very badly and didn't do anything for the environment...ya know, standard things." This week, Reuters has an exclusive report on the specific plans from the Trump Transition team for those "standard things", including what the news outlet describes as "sweeping changes to cut off support for electric vehicles and charging stations" and to redirect that funding to "national-defense priorities." The plans also involve reversing California's (and twelve other states') emission standards that save lives and reduce energy prices for residents, and doing away with the Biden administration's $7,500 consumer tax credit for EV purchases, a policy expected to harm U.S. automakers like General Motors (if less so for Tesla, whose CEO spent more than a quarter of a billion dollars to get Trump elected). But all of those things may be easier said than done, certainly on "Day One", as Desi Doyen explains.

FINALLY... Speaking of easier said than done, Donald Trump has also been demanding changes to voting and election laws, most prominently after he began falsely claiming that the 2020 election was stolen from him. Earlier this month, he declared at a Fox "News" event, once again, that "we want to have paper ballots, one-day voting, voter ID, and proof of citizenship" among other changes to election law that he has repeatedly called for. He doesn't seem to understand most of the things he's demanding, nor care about the fact that some of the measures would disenfranchise millions of Americans.

We're joined today by JOSHUA A. DOUGLAS, election law professor at the Univ. of Kentucky College of Law; author of a number of recent books on American democracy, and now the host of the Democracy Optimist podcast and companion newsletter.

This week, at Washington Monthly, Douglas explained why Trump, in truth, will have "little official power to implement the new rules he supports," given that the U.S. Constitution gives most power regarding elections to the states. While Congress has certainly adopted a number of landmark federal voting laws over the years, Douglas tells me today, "it's really a process of local control. The President himself cannot issue an Executive Order or some sort of decree that elections should be changed one way or the other without states being the ones to pass those laws --- or Congress, but that's a difficult path, as well."

"The President doesn't have any power unilaterally to dictate election rules," says Douglas, while recognizing that Trump will have both the bully pulpit to muscle Congress and states into adopting new laws and rules, along with the power to appoint members of the Federal Elections Commission (FEC) and Election Assistance Commission (EAC) and, particularly in Trump's case, to direct his Dept. of Justice to enforce certain laws and ignore others. "But the President, under the Constitution, doesn't have any formal powers to regulate elections, beyond signing or vetoing a Congressional law."

We step through some of the specific measures Trump has been demanding, such as "paper ballots" (which the vast majority of voters already use), "one-day voting" (ending absentee and early voting), Voter ID (already mandated by most states and, under federal law, already required when registering voters in all 50 states), and the point that most concerns Douglas, "proof of citizenship" when registering to vote. If actually adopted at the federal level, he argues, it would likely disenfranchise tens of millions of voters and become "a real logistical nightmare for election officials."

The efforts by Republicans to change election laws on the state level, are a different matter, as Douglas explains as well. But, bottom line, there is no "magic wand" for Trump to use to undermine elections by himself, much less on "Day One". And there are quite a few things that YOU can do, to stop him and anyone else who would try to restrict our right to vote.

Given recent events, is Douglas still the "democracy optimist" he was when he originally named his podcast and newsletter earlier this year? Tune on in to find out...

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Lots of news today on BradCast, though not all of it terrible. It also features not one, but two song and dance men, though only one of them is not a horrible person. Either way, we promise to leave you singing on your way out of the theater. [Audio link to full show follows this summary.]

Among today's stories of note...

• In the largest single-day act of clemency in modern U.S. history, President Joe Biden commuted the sentences of some 1,500 people today who were released from prison to home confinement during the COVID pandemic. As discussed, he also promised "more steps in the weeks ahead."

• The Dept. of Justice's Inspector General released a long-awaited report [PDF] today on the FBI's preparation for what became Donald Trump's January 6, 2021 attack on the U.S. Capitol. Despite years of false claims by MAGA Republicans, including members of Congress, that undercover FBI employees somehow instigated the attack, the I.G. report finds, among other things, that none were present at the Capitol that day.

• Inflation and, specifically, high prices at the grocery store have been cited by many as the reason for Donald Trump's apparent election victory last month. In fact, he ran on promises of lowering prices at the grocery store "very quickly" throughout the campaign. In September, for example, he declared: "Vote Trump and grocery prices will come tumbling down". In October, he promised to "bring your grocery bill way down." And, in an interview that aired on NBC this past Sunday, he attributed his victory, in part, "on groceries" and said again that "we're going to bring those prices way down." Rarely did anyone in the media throughout the campaign press him on how he would lower the cost of groceries. So it seems voters were misinformed enough to believe him and vote for him. And yet, in an interview with Time before Thanksgiving just published today, Trump admits he has no actual plan to lower prices at the grocery store. "It's hard to bring things down once they're up," he told the magazine. "You know, it's very hard." We'll see how long it takes, if it ever does, for MAGA buyers remorse to set in.

• But you know who did help keep your grocery prices low? The Biden Administration's Federal Trade Commission. Biden's progressive Chair of the FTC, Lina Kahn, led a lawsuit against the proposed 2022 merger of grocery giants Kroger and Albertsons, arguing the $20 billion deal would raise prices for consumers and lower pay for the company's 700,000 union workers. This week, a federal judge agreed with the FTC and blocked the merger, at least for now. In the meantime, Trump's nominee to Chair the FTC, Andrew Ferguson (a former clerk for corrupt Justice Clarence Thomas), vows to abandon Khan's tough standards for mergers between powerful American companies.

• North Carolina Republicans took a beating in statewide races in November, losing the contests for Governor, Lt. Governor, Attorney General, Sec. of State and Superintendent of Public Instruction. They also lost their gerrymandered supermajority in the state legislature. So, while they still have the power to do so in their lame-duck session, Republican lawmakers, passed a massive bill under the guise of disaster relief for Hurricane Helene (which simply shifted already existing funding from one account to another) and used the next several hundred pages of the bill to strip many of the key powers from all of the incoming Democratic statewide officials. The outgoing Democratic Governor vetoed the obvious power grab. But, last week, the GOP-controlled Senate used their supermajority to override the veto and, despite an outpouring of protest from voters at the state capital, the GOP-controlled House did the same last night. Nonetheless, I suspect this fight ain't over.

• Finally, Desi Doyen joins us for our latest Green News Report on, among other things, the wildfire in Malibu, California that led to the emergency evacuation of thousands of residents, including film and TV legend Dick Van Dyke, who turns 99 on Friday. Also, on the effort by environmentalists to add Endangered Species Act protections to the quickly disappearing Monarch Butterfly. As Des mentions at the end of today's show, you can leave a public comment here in favor of the Fish and Wildlife Department's effort to protect the butterflies.

  And, as she also discussed, that fantastic and charming and so, so sweet music video and interview with Van Dyke by Coldplay's Chris Martin, released just last week before the fire --- filmed at Van Dyke's Malibu home which, thankfully (as you'll be especially happy to hear after watching the video!), didn't burn down this week, can be seen right here. Never mind today's BradCast for the moment. Go watch that video. We'll be here when you get back. You'll thank us!

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IN TODAY'S RADIO REPORT: Top U.N. court to rule on landmark climate case; North Carolina town sues Duke Energy over climate deception; South Africa's High Court blocks new coal plants; PLUS: Global warming now the dominant driver of drought in the U.S. West... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Scientists sound alarm about terrifying ocean event that could bring global devastation; Stop emissions, stop warming: A climate reality check; China’s share of global electric car market rises to 76 percent; National TV news barely covered COP29; These high-tech windows fight climate change – and will save you money; Exxon goes forward with $200-mln expansion of Texas plastic plants... PLUS: Climate change and insurance: a growing fustercluck... and much, MUCH more! ...

Democracy is under attack again today. And not just in D.C. We're here to do our part in defending it wherever possible on today's BradCast. [Audio link to full show follows this summary.]

Among our many stories today...

• The rightwing, inexperienced, recently elected but now very unpopular President of South Korea attempted a power grab today by declaring martial law and the shutdown of the National Assembly for largely trumped up reasons. (Pun intended.) It didn't work. His own political party joined the opposition Democratic Party majority in the nation's parliament for a swift, unanimous vote to shut down the attempted self-coup just hours after it began. The country's military wasn't much help to the President either. (Which may be just one reason Donald Trump has tapped loyalist stooge, accused rapist and years-long womanizing drunkard, Pete Hegseth of Fox "News", to be his own Sec. of Defense.) But there are a whole bunch of other lessons that we need to learn in THIS country from what happened today in South Korea which may be very helpful in the months and years ahead.

• Meanwhile, power grabs by Republicans are underway at the state level in this country as well following the November 5th election. In the closely divided battleground state of North Carolina, where Donald Trump won at the Presidential level, Democrats were victorious up and down the ballot in a bunch of statewide offices including Governor, Lt. Governor, Attorney General, Sec. of State and Superintendent of Public Instruction. The GOP also lost its gerrymandered supermajority in the state House by one seat. So Republicans, in the weeks they have left with supermajorities in both chambers of the state legislature, are now attempting, under the guise of a "sham" Hurricane Helene disaster relief bill, to strip extraordinarily broad swaths of power from those offices and hand it to the GOP-controlled state legislature. Outgoing Democratic Governor Roy Cooper has already vetoed the bill, but Republicans in the Senate have voted to override it and protesters in the state are attempting to prevent House Republicans from doing the same. The measure, among other things, strips the incoming Democratic Governor's ability to appoint members of the State Board of Elections, to fill vacancies at both the state Appeals and Supreme Court levels with judges of his choosing, and, in a sop to the fossil fuel industry, prevents the state Attorney General from, as Cooper said in his veto, the "ability to advocate for lower electric bills for consumers." The 131-page bill, originally introduced in November and passed by both chambers within 24 hours, would also place new restrictions on elections in the state, which election officials charge would result in votes going uncounted.

• If that North Carolina measure is adopted before the new state legislature is sworn in next month, it will almost certainly be challenged by Democrats at the state Supreme Court, where last month one of its two liberal Justices, Allison Riggs, very narrowly defeated her Republican challenger, Jefferson Griffin, by fewer than 1,000 votes out of more than 5.5 million cast. A machine recount confirmed the initially reported machine-tallied results. Now Griffin is seeking both a hand-count and the disqualification of more than 60,000 ballots.

• There is somewhat brighter news this week in another battleground state, where a Wisconsin judge has finally struck down former far-right Republican Gov. Scott Walker's wildly controversial 2011 law that stripped the power of certain public unions to collectively bargain for wages and other benefits. The law, according to the judge, is unconstitutional since it takes those powers from "general" unions, such as the state teachers union, while allowing it for "public safety" officials, such as police and firefighters unions who were supporters of Walker's at the time. Back in 2011, you may recall the weeks-long fight over the measure, bringing hundreds of thousands of protesters to the state capital as Republicans in the legislature muscled the bill to passage. Of course, the judge's ruling will now be appealed up to the state Supreme Court which, as of last year, finally has a narrow, 4 to 3 liberal majority that will once again be tested during yet another WI Supreme Court election this April.

• And, speaking of every vote mattering, a legal and political battle is underway right now in Minnesota over a state House race where Democratic Rep. Brad Tabke was declared the winner by just 14 votes over his Republican challenger Aaron Paul after a recount and official canvass. That said, an investigation by the local County Attorney found that 21 absentee ballots in the race may have been accidentally discarded prior to being tallied. Republicans have filed suit to declare the seat vacant and are seeking a special election. This one seat matters. As of now, with the Democratic Tabke as the winner, Democrats and Republicans will each hold 67 seats in the state House, where lawmakers are preparing a power sharing agreement. If the Republican Paul ultimately ends up winning the seat, the balance of power would be shifted with a two-vote, 68-66 GOP majority. Yup, every vote matters. Even the ones that were tossed due to "human error", according to the County Attorney.

• Finally, Desi Doyen joins us for our latest Green News Report, our first since returning from the holiday. And she's got a lot to catch us up on, from the collapse of a U.N. plastics treaty summit in South Korea (prior to today's attempted coup!), to a lackluster (at best) agreement at the U.N.'s COP29 climate talks in Azerbaijan, to new worries about how extreme drought is set to exacerbate immigration issues at our southern border...

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On today's BradCast: Finally! Some real and tangible justice for two of the 2020 election heroes who were grievously harmed by the disgraced former President's insidious lies, and other important news just weeks before your final chance to vote in arguably the most critical election in U.S. history. [Audio link to full show follows this summary.]

Among our coverage on today's program...

• We're now less than two weeks out from Election Day, your last chance to vote --- and help others to do the same --- in the 2024 election. Have you voted yet? Are you doing all you can to help and encourage others do so? Will you feel good ten years from now about however you decide to vote this year?

• In New York on Tuesday, a federal judge ordered [PDF] former Donald Trump lawyer and disgraced federal prosecutor Rudy Giuliani to turn over, within seven days, his NYC penthouse apartment (valued at around $5 million) and most of his valuable luxury items to Shaye Moss and her mother Ruby Freeman, the Atlanta, Georgia election workers who the disgraced former NYC Mayor (along with Trump himself) repeatedly defamed following the 2020 election. Late last year Giuliani was found liable for defaming the mother and daughter by using racist attacks to falsely claim they had tampered with ballots during tabulation in Fulton County, GA. A jury awarded them $150 million. They are about to collect a sizeable portion of that award. It's a small price to pay by Rudy, who ruined his own life while endangering and ruining the lives of others, all in service to Trump's Big Lie that the 2020 election was stolen from him. These are just a few of the countless lives ruined by the man who is running again for President for the sole reason that he needs stay out of prison.

• A strong signal was sent to all 2024 election officials in Arizona and around the nation on Monday, with the guilty plea [PDF] from an elected Republican Supervisor and MAGA election denier in rural Cochise County who had attempted to block the certification of results in the state's 2022 midterms. Peggy Judd pleaded her felony charge down to a misdemeanor after she and a fellow Republican Supervisor, who still faces trial in January, raised doubts about the accuracy of the county's computerized vote tabulators. The plea agreement, announced by AZ's Democratic Attorney General Kris Mayes, comes just days after a state judge in Georgia made clear that certification of election results is a mandatory, not optional, duty, even if officials may have questions about fraud or the accuracy of results. But, wait! Haven't we questioned the accuracy of computerized voting and tabulating systems in the past? Yes, we have! But there is a right --- and lawful --- way to do it, as discussed on today's show. And the way for candidates, elected officials and other voters to legally challenge results is in open court after the certification of results. That is particularly true in a County like Cochise where all voters are allowed to vote on verifiable hand-marked paper ballots.

• The Georgia Supreme Court on Tuesday upheld last week's lower court rulings that blocked new, last-minute polling place rules instituted by the MAGA-majority on the State Election Board. Opponents of the new rules argued they could be used as a pretext to bollocks up and/or delay certification [PDF] of this year's election results in the critical battleground state.

• In another critical battleground state, North Carolina, Donald Trump has apparently decided that changes made in 2020 to help voters safely cast their ballot in the middle of a pandemic were great after all! Well, Trump has decided they are great this year, anyway. At least for voters in the western, heavily Republican-leaning part of the state following devastation from Hurricane Helene just weeks ago. New procedures instituted to make voting easier for those affected by the deadly storm are just fine, apparently, according to the disingenuous, hypocritical, flip-flopping Trump. That, after he'd previously declared many of the very same or similar voting accommodations in 2020, after more than 230,000 Americans had died on his watch before the election, to be a "big scam" because he thought it might help Democratic voters.

• But, before we give Republicans in North Carolina too many plaudits for doing the right thing, CBS News finds that an 1,800-member strong group of self-proclaimed "election protection" activists in the state (read: Republican election deniers, in this case) are targeting those with "Hispanic-sounding last names" in a campaign to challenge certain voters on the rolls. Lee County, NC Republican Party Chair and head of the so-called North Carolina Election Integrity Team, James Womack was caught on video tape explaining how such voters may be "suspicious", as part of an eight-state effort to suppress the vote, headed up by longtime GOP "voter fraud" fraudster and Trump attorney Cleta Mitchell.

• Finally, Desi Doyen joins us today for our latest Green News Report, after Cuba is hit by an island wide power outage followed by a hurricane; Deadly deluges strike New Mexico, France and Bangladesh; Scientists declare the largest, longest coral bleaching event on record; And oil industry lobbyists prepare to reverse Joe Biden's landmark regulations if Donald Trump wins or steals the Presidency this year...

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IN TODAY'S RADIO REPORT: Destructive hurricanes could increase property insurance premiums across the nation; Small Business Administration's disaster loan fund runs dry; PLUS: U.S. Supreme Court allows EPA to enforce new limits on power plant emissions --- for now... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Global water crisis leaves half of world food production at risk in next 25 years; After hurricane, with no running water, residents organize to meet a basic need; Microplastic pollution is everywhere, even in the exhaled breath of dolphins, new research finds; Tech giants bring big bucks for small nukes; What's causing the recent spike in global temperatures? ... PLUS: La Nina could soon arrive. Here’s what that means for winter weather... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Hurricane Milton is gone, but Florida is still grappling with its toxic aftermath; Trump's lies about FEMA disrupt disaster aid to North Carolina; PLUS: The U.K. ditches coal for good... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Crazy busy' Atlantic hurricane season is far from over; US meteorologists face death threats as hurricane conspiracies surge; Insurance 'nightmare' unfolds for Florida homeowners after two hurricanes; Hundreds dead, more than 1 million displaced due to Niger floods; The fate of thousands of U.S. rural dams hangs in the balance; Wisconsin estimates around 40 percent of private wells contain pesticides; Alabama slowly bringing sanitation equity back to rural black communities... PLUS: The U.S. gets a new national marine sanctuary, the first led by a Native American tribe... and much, MUCH more! ...