On today's BradCast: So, Donald Trump's campaign, as well as the National Republican Committee and the Pennsylvania state GOP, are battling it out with state Dems and the state's Democratic Secretary of State over pretty much all aspects of absentee mail-in voting in the key battleground state. But, for some reason, as our guest reports today, Trump and the GOP are actually joining forces with Dem Secretary of State Kathy Boockvar to defend the use of brand-new, 100% unverifiable touchscreen voting systems in the most Democratic-leaning part of the state. Now why would they be doing that?

Before we get there today, however, some quick news on today's announcement on the lack of charges brought against the Louisville, Kentucky police officers who killed Breonna Taylor, a 36-year old African-American emergency medical specialist, in her apartment in the middle of the night this past March.

Also, some thoughts on a somewhat odd "Public Service Announcement" issued on Tuesday by the FBI and the U.S. Cybersecurity and Infrastructure Security Agency regarding "foreign actors and cybercriminals" who might take advantage of the necessary delay in tallying absentee ballots in the days following Election Day on November 3rd. The federal agencies warn that bad actors could "create new websites, change existing websites, and create or share corresponding social media content to spread false information in an attempt to discredit the electoral process and undermine confidence in U.S. democratic institutions." The announcement warns that malicious individuals could propagate false information about vote counts and other disinformation "that includes reports of voter suppression, cyberattacks targeting election infrastructure, voter or ballot fraud, and other problems intended to convince the public of the elections' illegitimacy." It's an odd "announcement" that focuses largely on foreign actors, while warning the public "to seek out reliable and verified information from trusted sources, such as state and local election officials." They say nothing about domestic bad actors, nor do they recommend federal sources as "trusted". We discuss.

Then, in Pennsylvania, Republicans have told the state Supreme Court that they plan to appeal last week's rulings against them to the U.S. Supreme Court. The news follows the Keystone State's high court determination that mail-in ballots can be counted if they arrive up to three days after Election Day; that absentee ballot drop-boxes are perfectly legal; and that state law bars poll watchers who come from outside of the county where they plan to observe. At the same time, the Trump Campaign is suing the state in federal court over many of the same issues in a suit that could also find its way to the U.S. Supreme Court. That may be just one of the reasons that Republicans are pushing so hard to seat a replacement so quickly for the late Justice Ruth Bader Ginsburg. As VP Mike Pence told Fox 'News' on Tuesday, "there is a possibility that election issues may come before the Supreme Court in the days following the election, and all the more reason why we should have nine Justices on the Supreme Court to be able to resolve any issues that may arise ." (Notably, this is something Republicans didn't seem to care about in the least before the 2016 election, when they were blocking Barack Obama's nominee from filling the late Justice Scalia's seat for a full nine months before the election.)

But for all the legal fights that Republicans are carrying out to block the use of, delivery of, and counting of verifiable hand-marked paper mail-in ballots in PA, for some reason the Trump Campaign is intervening in a court case to side with the Democratic Secretary of State there to defend the use of 100% unverifiable touchscreens in Philadelphia, the most Dem-leaning part of the state. Trump's intervention is in a suit filed by the NAACP (which we discussed with the attorney working on the case in a recent show) against the PA SoS, which seeks to block the state's use of the new computer touchscreen Ballot Marking Devices (BMDs). It's curious, to say the least, that Team Trump is supporting SoS Boockvar's use of the new, unverifiable devices, which are being forced for universal-use in all Philly polling places this year.

We're joined today by longtime investigative journalist and author ART LEVINE to discuss his detailed report today at Washington Monthly, headlined "Donald Trump's Favorite Voting Machines: Ballot-marking devices in key swing states could give him the perfect excuse to contest the election." In the article, and on today's show, Levine describes the boondoggle e-voting systems that have been installed for first time use this year in a number of key battleground states, including Georgia, North Carolina, Ohio, Texas and, yes, Pennsylvania. They are remarkably expensive, produce ballots that can never be verified after an election as reflecting the intent of any voter who used one, and they have failed disastrously in multiple ways in several states (including PA) during their first-time use in primaries earlier this year.

Sadly, it's not only Trump and PA's Democratic Sec. of State who are defending or otherwise quietly allowing the use of these dangerous new voting systems. So are many Democratic officials and election watchdog organizations that have historically been critical of electronic voting systems. "They've been absolutely radio silent --- except for Ohio Democrats --- at the state and national level about the risks of this voting technology," charges Levine. Even here in Los Angeles, our Democratic Sec. of State Alex Padilla has been very supportive of the $300 million dollar boondoggle touchscreen BMD system installed this year, disastrously, by Los Angeles County's Democratic Registrar of Voters, Dean Logan.

Levine's new investigative report today explores many of these various strange bedfellows in detail.

"I hope I can shed further light on the tangled, unbelievable, nutty mess in Philadelphia that is emblematic of the kind of challenges that other swing states --- statewide in Georgia and in some key Democratic cities in Ohio, Texas, North Carolina and so on --- will be facing. It's a nightmare beyond the already-other nightmares that we're aware of," he explains, describing a potential disaster with these systems that adds "kindling" for "a Constitutional crisis...if Trump doesn't win on Election Night."

Recent studies [PDF] reveal that 93% of voters do not notice when a BMD has changed one of their selections on the paper "ballots" printed out by these touchscreen systems. Moreover, the tallies created by optically-scanning those "ballots" (with yet another computer) are not even based on the human-readable printout that voters may or may not bother --- or be able --- to successfully verify as reflecting their intent. Instead, it is a barcode or a QR code, which can't be read by voters, that is also printed on the "ballots" and used by the scanning computers to tally the votes. But, still worse, even if everything works perfectly --- if the machines don't break down as they did during the primaries, causing hours-long lines, and if they aren't hacked or misprogrammed and everyone somehow manages to verify them accurately --- there is still no way for anybody to know after the election that any of those ballots accurately reflect the will of any voter.

As Levine warns in his report today: "Let's say the November election is close, and Donald Trump comes up short in Pennsylvania or Georgia or North Carolina, or all of them, and loses the Electoral College vote. ... It would make perfect sense for him and his lawyers to seize on the ambiguities of BMDs to argue that the voting was rigged and illegitimate. And Democrats would be hard-pressed to prove Trump wrong --- especially since some of their own elected officials and allies have been relatively quiet about the BMDs' shortcomings, and in some cases have even been at the forefront of pushing for the machines' use."

We have been warning as much for years. I'm happy to see Levine picking up those serious concerns and amplifying them. Please read his important article in full and then listen to today's show --- or vice versa.

Finally, Desi Doyen joins us for some quick --- but VERY big --- news today out of California, where Gov. Gavin Newsom has announced plans to ban the sale of new internal combustion engine (ICE) cars in the state by 2035. That's right! If his initiative is successful --- and it is bound to be challenged and hated by Trump and the fossil fuel industry --- the Golden State may be selling nothing but electric cars at new car dealers in as little as 15 years!...

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We're off today, but we've got a BradCast 'RECOUNTED' for your listening pleasure, with two excellent recent interviews you may have missed --- or just need to hear again. [Audio link to show is posted below.]

• First up is Brad's 8/17/2020 interview with historian NILS GILMAN, Vice President of Programs at the Berggruen Institute and co-founder of the bipartisan Transition Integrity Project (TIP), on their disturbing report [PDF] warning of a potential constitutional crisis over the November 3, 2020 election. Gilman explains the conclusions reached during a series of bipartisan tabletop 'war games' --- conducted by a more than 100 current and former senior government officials, campaign leaders and experts from media to the military --- and their final report warning that the Trump Administration may seek to manipulate, ignore, undermine or disrupt the 2020 Presidential election and the crucial transition process between Election Day on November 3rd and Inauguration Day, January 20, 2021.

• Then, Brad's conversation on 9/9/2020 with ace legal reporter MARK JOSEPH STERN of Slate, on bona fide, long-overdue (about 150 years overdue!) good news for voting rights in North Carolina, where state court judges recently struck down an 1877 law meant to "secure white supremacy" by forcing former felons to pay all court-ordered fines and fees before regaining the right to vote. They discuss the long, racist history of the statute and the new law adopted last year by Florida which is virtually identical to the one finally struck down in NC!

We'll be back LIVE soon!

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On today's BradCast, it was not a good day for those who believe in free, fair, honest, overseeable and safe democracy. On the other hand, it was a great day for Republicans! [Audio link to full show is posted below.]

We've got a boatload of court rulings from almost half a dozen states to try and make sense of today. A few of them are good. Most of them are not. But we've got some expert help in making sense of several of them, and she tells us the fight is nowhere near over.

We begin today with the breaking news out of Florida, where the U.S. 11th Circuit Court of Appeals has overturned a lower court ruling that had found the state's new "pay-to-vote" law constitutional. Apparently, the five new federal jurists that Donald Trump has added to the court all agreed, in a 6-4 ruling, that poll taxes are just fine by them. They approved the law enacted by the state's GOP legislature and Republican Gov. Ron DeSantis last year that undermines Amendment 4 of the state constitution. That Amendment was adopted in a bipartisan, 65-35 percent landslide in 2018 to restore voting rights to as many as 1.5 million former felons in the state, including about one quarter of the state's voting age black men.

The law specifically passed to undermine Amendment 4 requires all court-imposed fines and fees to be payed before a former felon may register to vote. So, if you have enough money, you can vote. If you don't, too bad. Also, good luck to former felons even figuring out if they owe any money at all. Florida doesn't keep track. That means many newly eligible voters won't bother to register, rather than risk being sent back to jail for violating this new law. It was passed along partisan lines last year by Florida and is virtually identical to the 150-year old statute struck down just last week by a North Carolina state court. As revealed during the course of the NC suit, the law, according to its legislative champion following post-Civil War Reconstruction, was specifically adopted to "secure White Supremacy" by preventing "the honest vote of a white man" from being "off-set by the vote of some negro." Slate's legal reporter Mark Joseph Stern derides today's Florida ruling as "one of the most dishonest, misleading, and despicable voting rights opinions I have ever read" and "an affront of the very notion that Americans have a right to vote". The ACLU Voting Rights Project's attorney Julie Ebenstein argues "the gravity of this decision cannot be overstated," describing it as "counter to the foundational principle that Americans do not have to pay to vote" and "an affront to the spirit of democracy".

In another afront to democracy, Wisconsin's rightwing state Supreme Court on Thursday ordered the state's 1850 separate municipalities to immediately stop sending out absentee ballots to the, so far, about 1 million voters who have requested them. The court's 4 to 3 partisan ruling is meant to allow it's rightwing majority time to decide if the Green Party's Presidential ticket should be added to the ballot, despite the state Election Commission, in a deadlocked 3 to 3 vote, determining that the party's Presidential nominee Howie Hawkins and Vice Presidential Nominee Angela Walker did not receive enough signatures to qualify.

At issue is hundreds of petitions that listed the Milwaukee native Walker's address as a motel in South Carolina. Why the Party used two different addresses for Walker is unclear, but the result was the WI State Election Commission --- which the GOP state legislature recently created to replace the previous non-partisan commission with a partisan one built to create such deadlocks --- followed state law. That prevented the Greens from making the ballot. After a two week delay and 378,000 absentee ballots already mailed out, the Green Party decided to sue, even though election officials from across the state say their will be no time to design, print up, test and mail out out new ballots before both state and federal statutory deadlines require them to do so next week. They also have no idea how to avoid people voting twice with two separate ballots they may receive for the same election. So, chaos reigns yet again in the election in the key battleground state where Donald Trump is said to have won in 2016 by less than one single percentage point, when the Green candidate that year received more votes than Trump's margin over Hillary Clinton.

The voting news out of Texas this week is only slightly better. First, the good news: A federal judge there has ordered state election officials to notify voters within one day after a "perceived signature mismatch" is determined on absentee ballots, and to allow voters a "meaningful opportunity" to correct the issue. Previously, after officials, who are not handwriting experts, decided a signature was not a match to the voter's registration application (often years old), the ballot was simply rejected without notifying voters until 10 days after the election. In other good voting news from the Lone Star state, a state judge has determined that the Clerk in Harris County (Houston) is, in fact, allowed to send out absentee ballot applications to all registered voters in the nation's 4th largest city. The state's Republican Attorney General had sued to block the effort. I suspect he'll appeal, but we'll see.

But the war on voting in the Lone Star State doesn't stop with those two victories for democracy, unfortunately. The Mayor of Houston wants to know why more than a dozen local U.S. Post Offices have refused to allow volunteers from the non-partisan League of Women Voters to make multilingual voter registration materials available at those facilities.

And our guest today, COURTNEY HOSTETLER, Senior Counsel at the non-partisan Free Speech For People, joins us to explain the disappointing decision from a federal judge this week in response to a recent lawsuit filed by FSFP on behalf of Mi Familia Vota and the Texas NAACP seeking to address what the groups describe as "unsafe and unequal voting conditions" in the state during the COVID-19 pandemic.

The suit seeks a Preliminary Injunction in challenging the state's "insufficient number of polling places"; "its limited and inaccessible early voting locations"; a lack of social distancing requirements; Gov. Greg Abbot's statewide mask mandate which allows an exception for voters and pollworkers; and the dangerous "reliance on repeat-touch voting machines" amid the deadly pandemic, among other concerns. All of which, the complaint argues, "will result in unsafe voting conditions and increased risk of coronavirus transmission, which in turn will result in voter suppression." Moreover, as Hostetler explains today, "the health risks and adverse impact of these policies will place an undue burden on the right to vote and be borne disproportionately by voters of color, in violation of the U.S. Constitution's Fourteenth Amendment guarantees of due process and equal protection under the law, and the U.S. Constitution's First Amendment."

Texas has some of the most restrictive absentee voting requirements in the nation, so the dangers at polling places --- in this case, unequal ones --- are no small matter. "The real crux of the Constitutional issues at stake here," Hostetler tells me, "is that people won't show up to vote because they can't risk getting COVID-19 and dying. They can't risk not being able to work for 3 weeks if they get it...This is what's at stake, and the burden is not shared equally in Texas. It's both unconstitutional and it violates the Voting Rights Act." She says the federal judge, rather than deciding the case on its merits, determined that the matter is a political one, rather than an issue to be decided by the courts. While the case is still live, the judge has denied the group's motion for a Preliminary Injunction, which likely pushes the matter back until after the election. But the groups today decided that they will file an appeal.

In Pennsylvania this week, a state court judge also ruled against a Motion for Preliminary Injunction in a similar suit filed by FSFP and the Pennsylvania NAACP "to establish safe and equal voting procedures for the upcoming general election." There too, the groups plan to appeal.

And in North Carolina, where FSFP filed a suit last April to block the use of new "insecure, unreliable, unverifiable, and unsafe" touchscreen voting machines with the NC NAACP, the groups late last week filed an appeal to the state Supreme Court after a lower court denied their original complaint.

The appeal is "alleging imminent risk to voters' right to free elections and equal protection under the laws if they are required to vote on the [ES&S] ExpressVote touch screen ballot marking device this November". The complaint, as we discussed with Hostletler last spring when it was initially filed, "alleges the new [touchscreeen] system is vulnerable to security threats and its results are unverifiable, in violation of the North Carolina Constitution’s guarantees of free and fair elections and equal protection of the law." She says that though this matter will no longer be decided before this year's election, "the case is still live, and we are ready and preparing to litigate this fully and pursue this case through trial, because it does have long term implications for the state of North Carolina, because these machines are utterly unreliable and unverifiable";

So, yeah, a rough week for those who favor voting, voting rights and free, fair and safe democracy. But, as Hostetler argues today: "Every time there's an effort to push back against free and fair elections, there are people who are saying 'No, I'm going to fight you on that." She urges voters to fight like hell to make sure that they cast their ballot this year and vote as safely as they can, while letting her group or others know when and if they run into barriers.

"Know that there are people across the country who are fighting to change these policies," she says. "Nobody is alone in this. There are a lot of people fighting, and we can always use more"...

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No matter everything else on today's BradCast, we end with some bona fide very good news today for voters in a key battleground state! [Audio link to full show follows below summary.]

Speaking of key battleground states, it was state primary Election Day on Tuesday in New Hampshire and Rhode Island, the penultimate primaries of the season (with only Delaware left to go next Tuesday in Joe Biden's home state.) We cover noteworthy results today from both states, even if there were few surprises.

Next, folks up and down the West Coast have literally been "seeing red" over the past day or two, as wind-sparked, heat-fueled, climate change-intensified infernos continue to burn out of control through millions of acres at a record pace today. Among the results has been blood red sunlight across parts of Northern California and much of the Pacific Northwest, even in areas far from any active blazes.

During a press conference this afternoon, Oregon's Gov. Kate Brown described the outbreak of fires burning in both her state and neighboring Washington as "unprecedented", warning they could result in "the greatest loss of human life and property due to wildfire in our state's history." As we went to air, officials were prioritizing the safety of residents --- many of whom are evacuating, others who had to be airlifted out --- and homes, with hundreds already reportedly destroyed. These apocolyptic stories of millions of acress burned and communities completely wiped out should be front page news everywhere, but aren't. And every story should about them should tie the record-setting, catastrophic disasters to our quickly worsening climate crisis, but they don't. We do.

Then, we're joined by Slate's ace legal reporter, and one of our favorite guests, MARK JOSEPH STERN, for a two-fer today. First up, Stern explains the unprecedented use of the Federal Tort Claims Act, as invoked in a federal court filing on Tuesday night by the U.S. Dept. of Justice, to try and protect Donald Trump from a defamation lawsuit filed against him in New York state court. The case involves columnist E. Jean Carroll who alleges Trump raped her in a department store dressing room in the 1990's. After she described the incident in a recent book, Trump called Carroll a liar, claiming to have never even met her (despite a photograph of them together), and asserted he couldn't have raped her because she was "not my type."

Carroll sued the President for defamation and, after successfully defeating several motions to dismiss by Trump's personal lawyers, was set to both depose Trump in the case and obtain a DNA sample from him that she believes will match a stain on the dress she said she was wearing during the alleged assaulted at NY's Bergdorf Goodman department store in 1995.

On Tuesday, the DoJ intervened with a stunning motion to move the case from state to federal court, and replace Trump's personal defense attorneys with their own. If upheld by the court, that would effectively end the case under the Federal Tort Claims Act, where defamation suits against federal employees are barred. Stern, however, explains what the law is meant to do --- protect federal officials from being held personally liable for lawful acts done in the course of carrying out their jobs --- versus how the DoJ is now attempting to use it to shield Trump from liability for defaming a woman who says she has evidence of a rape more than two decades before he became President. Whether Bill Barr's DoJ attorneys will successfully prove to a federal court that defaming a citizen while responding to reporters questions about a rape twenty-five years ago is truly within the scope of a President's duties remains to be seen. But the filing itself is now likely to push the deposition and DNA test, in any case, beyond the November 3rd election, as Trump was hoping for.

Finally, we get to the bona fide good news today out of North Carolina, where a panel of state court judges late last week finally struck down an 1877 law meant to "secure white supremacy" in the state following the post-Civil War Reconstruction period. The law barred former felons who completed their prison sentences as well as all parole and probation from registering to vote if they still owed court-imposed fines and fees. As Stern reports --- and as revealed during the course of the case --- the law was originally spearheaded by a state lawmaker who presided over the lynching of three Black men and was meant, according to documents [PDF] unearthed by an expert witness historian for the plaintiffs, to prevent "the honest vote of a white man" from being "off-set by the vote of some negro."

The court's ruling means that some 100,000 NC residents are now newly eligible to vote in the 2020 Presidential election in one of the most closely divided states in the nation Another ruling from the same panel, likely to come after a trial, according to Stern, could result in another 70,000 currently disenfranchised former felons becoming eligible to vote as well. Moreover, as the case involves state law and is in state court, it cannot be overturned by the U.S. Supreme Court. Stern --- who recently published "An Extremely Comprehensive Guide to Making Sure Your Vote County, In Every State", also explains that the ruling will almost certainly not be overturned by the 6 to 1 liberal majority on NC's Supreme Court because, as he tells me, "there are a lot of bad ass women of color on North Carolina's state Supreme Court, and I think these individuals are going to say we cannot tolerate a racist law from 150 years ago."

Not coincidentally, as a racist, 150-year old Jim Crow measure is finally being knocked down in NC, the GOP majority in Florida's state legislature just adopted a nearly identical measure just last year to bar former felons from voting if they have not paid off all court-imposed fines and fees. That law was found to amount to an unconstitutional poll tax by a federal judge earlier this year, but his ruling has now been stayed by SCOTUS until after the 2020 Presidential election in that key swingstate. The stay allowing Florida's "pay-to-vote" law is likely to block as many as 1.5 million potential new voters --- including a quarter of the state's male African-American population --- from voting this November in the Sunshine State...

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We're back on today's BradCast, after surviving a long hot holiday weekend here in California (with huge thanks to Nicole Sandler for covering for us for a few days!) [Audio link to today's show is posted below summary.]

Amid record heat in Southern California --- with one city in L.A. County city topping out at a record 121 degrees on Sunday! --- fires raged and continue to do so, up and down the state. Nearly 300 people stranded by smoke and fires in various parts of the Golden State needed to be rescued by helicopters over the past four days as climate change-fueled blazes have, so far, chewed through a record 2 million acres in the state, destroying more than 3,300 structures in 900 different fires since mid-August. The scariest part: the worst months for California's ever-lengthening fire season are usually September and October. So, even after the worst fire season now on record, the worst may still be yet to come this year, as our climate crisis continues to intensify and a climate change denier is once again heading up the Republican Party's Presidential ticket.

It would be nice if we weren't one of the few media outlets connecting those particular dots. Absentee ballots have now begun to ship out to voters in states like North Carolina which has, itself, been ravaged in recent years by various climate related crises, from hurricanes to toxic coal ash spills to ever-rising sea levels. As voting for the general election finally begins there and in other battleground states, the corporate media would help us all if they focused (or even mentioned!) so many of the very real issues that are at stake in this year's critical Presidential election, including the devastation of climate change!

Speaking of which, a new story today gives me reason once again to cite one of my worst fears for this November's elections, as the Hartford Public School District in Connecticut was forced to cancel its first day of classes today. The cancellation was not due to the continuing COVID crisis, but caused by a ransomware attack that crippled the District's computer networks. That attack echoes a series of attacks against the Miami-Dade County Public School system in Florida last week, and could foreshadow trouble to come on November 3rd. Because so many voting jurisdictions now foolishly rely on computer networks and the Internet to cast, count and even check people in to vote on electronic pollbooks, a ransomware attack before or on Election Day would be devastating.

But don't worry! Your U.S. Dept. of Justice in on the job! Ya know, the one led by Donald Trump's fixer and Attorney General Bill Barr who lied to CNN's Wolf Blitzer last week about massive absentee ballot fraud, claiming a 2017 "indictment" in Texas for the theft of 1,700 mail-in ballots. After the actual state prosecutors called BS on Barr's claim's, the DoJ was forced to admit it was false. Ironically, Barr also claimed that "people have to have confidence in the results of the election and the legitimacy of the government." That would be more likely, of course, if we didn't have a U.S. Attorney General willing to casually forward two year old false claims about election fraud on major cable news networks.

Then we move to the biggest story over the holiday weekend, the report from The Atlantic's Jeffrey Goldberg that Donald Trump regards members of the military, including those were killed or captured and tortured during their service, as "losers" and "suckers". Goldberg's reporting has now been independently confirmed by multiple other media outlets, including even Fox "News", while Trump and the White House unconvincingly describe the detailed and independently corroborated reporting as "fake news". In his attempt to distract from that story on Monday, Trump attacked his own top military brass, claiming that too much is spent on defense contractors --- even after Trump has spent years citing his own increases to defense spending as one of his Administration's top accomplishments.

We're joined today by WILL GOODWIN, U.S. Army veteran, West Point grad and now Director of Government Relations for VoteVets.org, the nation's largest progressive veterans organization, founded in 2006, and now representing more than 500,000 vets, families and supporters. In the wake of the stunning (if not surprising) reports of Trump's disparagement of military members --- from the captured and tortured Vietnam War prisoner of war John McCain, to the shot down WWII fighter pilot George H.W. Bush, to the 1,800 U.S. Marines who lost their lives at Belleau Wood during WWI --- as "losers" and "suckers" all, VoteVets has now released several different video ads in response.

In one, family members of those who lost loved ones in recent wars respond to the President's remarks and, in another, a 98-year old WWII veteran, captured and forced into slave labor for 42 months, encourages Americans to vote for Joe Biden and against "other politicians if they continue to support Donald Trump."

For his part, Goodwin shares his thoughts in response to the reported insults by the Commander-in-Chief --- who he regards as "a maniac in the Oval Office" --- and how they are likely to affect the votes cast by members of the nation's armed forces this year. Despite popular belief that the military tends to support the Republican candidate, Goodwin cites polling to suggest the opposite --- polling completed before last week's news from The Atlantic. He says that Goldberg's report "is nothing new from Donald Trump when it comes to his hatred toward the military, towards military families, and towards our veterans, but somehow it's a new low." Goodwin goes on to describe Trump's tenure as "four years of failed leadership as Commander-in-Chief," before detailing a seemingly endless list of ways in which Trump has failed our troops, our veterans, our Gold Star Families, as well as the nation's security and standing on the world stage.

"Our allies have turned away from us --- they do not know how to work with a maniac in the Oval Office like Donald Trump --- and our enemies and adversaries are emboldened. They're emboldened to continue attacking the very integrity of our democracy and going after our elections infrastructure. And, frankly, they have taken more direct actions, escalating military tensions. The Russian buzzing US Navy ships, intercepting our aircraft. The continued expansion of the Chinese footprint in various places around the world," Goodwin argues. "We have seen Democrats across the board, including in [Congressional] seats where Donald Trump may be popular, standing up once again and speaking the truth on how disgusting this is. And we're seeing the same failure from Republicans to speak up at all. Republicans who represent massive military and veteran populations...refusing to condemn the President."

Finally today, we close on a very sad note, with the news that Kevin Zeese, longtime progressive activist, attorney, fighter for universal healthcare, fair elections, racial and economic justice and peace, passed away suddenly on Sunday from what appears to have been a heart attack as he slept. Kevin was also a friend of both The BRAD BLOG and The BradCast, having joined on us on air on many occasions while taking on our nation's worst failures and most insidious corporate oligarchs. We share several thoughts on his passing from a number of other progressive activists today. Zeese was 64 and will be dearly missed...as his good fight for a better and more just world will, and must, continue...

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On Wednesday night at the Republican National Convention, the GOP's candidate for the vacant seat in North Carolina's 11th Congressional District offered some strange remarks. Today, on The BradCast, his Democratic opponent joins us to offer his response. [Audio link to full show follows below.]

Retired U.S. Air Force Colonel MOE DAVIS has a distinguished, 25-year career in the military that includes a boatload of awards and honors. As Chief Military Prosecutor at Guantanamo Bay, he pushed back against the George W. Bush Administration, refusing to use evidence obtained through torture against accused terrorists. When forced to do so anyway, he resigned. Later, while serving as a national security expert for Congress, he penned an op-ed critical of Obama's use of prosecutions at Gitmo. He was fired.

Now he's running for Congress as a Democrat in a NC District where Donald Trump reportedly won by 57 points in 2016, for the vacant seat previously occupied by Trump's latest Chief of Staff, Mark Meadows. But there are new court-ordered Congressional maps this year in North Carolina, after the previous Districts were found to have been unlawfully gerrymandered by state Republicans. The old maps allowed Republicans to hold 10 of 13 U.S. House seats over the past decade in one of the most closely divided states in the nation. Davis (and other experts) contend that while his District may still lean Republican, it is now much less so.

Moreoever, Davis will be running in November against a dashing 25-year old Republican kid --- and apparent Nazi-enthusiast --- by the name of Madison Cawthorn. You may have seen him speak from his wheelchair during Wednesday night's RNC. Col Davis joins us today to respond to some of Cawthorn's somewhat bizarre remarks (in which he incorrectly claimed that James Madison signed the Declaration of Independence when he was 25 --- though Madison did not sign the Declaration at all) and other elements of Cawthorn's apparently made-up resume.

Davis notes that his opponent was recently thanked "for his service to the country" on television by a Fox "News" anchor who apparently associated his wheelchair with military service. In fact, he was paralyzed in a car accident during a Spring Break trip to Florida when he was 18. "He didn't correct her," says Davis. But facts and telling the truth are no longer required in the Republican Party. In fact, both are apparently frowned upon. So Cawthorn could be the party's next superstar! "He plays fast and loose with the truth," charges Davis. "And I guess if you're on the side that 'alternative facts' are acceptable, then he's got a whole bag full." But, Davis concedes, Cawthorn "always gives you a good show. He's a handsome young man, very charismatic and articulate," before adding: "There's a lot of sizzle there but not much beneath the surface."

He says Cawthorn had promised to finally offer proposals for things like climate change and health care during his RNC speech, but instead argued simply that "conservatives" must "win the argument on both health care and the environment." He didn't bother to offer any actual argument, however. That on a night that a monster hurricane was speeding toward the Texas/Louisiana border --- the second one in a week --- while huge wildfires burned out west, after 3 nights of the RNC in which not one speaker seems to have uttered the words "climate change" even once.

"Mr. Cawthorn's plan for addressing health care is that we need more insurance companies," says Davis, who describes that as "laughable...If you're out of work, having more insurance companies isn't going to help you. That's his fresh new plan for the Republican Party.

For his part, Davis explains his own positions on several of these issues and others affecting some of the more rural (Republican-leaning) parts of his District. After the recent court-ordered redistricting in the swingiest of swing-states, the 11th District is now believed to be more Democratic, as it includes much more of Asheville. Davis notes that many describe the progressive city as "the Berkeley of the Blue Ridge....A big blue dot in the middle of a sea of red." He offers confidence that he'll be able to flip this previously "deep red" district to "blue" this year. He also shares his thoughts, as a law enforcement official himself, on calls from the Left for police reform amid continuing protests against systemic racism and a rightwing vigilante who murdered two peaceful protesters in Kenosha, WI on Tuesday night. And we discuss what he thinks about Donald Trump's pretend opposition to the Iraq War and threats to fill up Guantanamo Bay again, after it was nearly emptied during the Obama Administration.

Also on today's show: Desi Doyen joins us for details on the devastating damage wrought overnight by the monster Hurricane Laura in Louisiana and the bizarre, dangerous Night 3 of the RNC where Vice President Mike Pence gave his Presidential-sounding keynote address. He warned that violence in the streets under the Trump Administration is actually what we can expect, ironically enough, from "Joe Biden's America" --- to a maskless crowd filled with vulnerable elderly war veterans. Hopefully the event does not turn out to have been a COVID-19 super-spreader event, or Pence's closing promise to "Make America Great Again...Again" may never come to pass...again.

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

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

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

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

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

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

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

On today's BradCast, we look at noteworthy results after Tuesday's state primary elections in Minnesota, Georgia, Wisconsin, Vermont and Connecticut. But we begin with problems voting on Tuesday in (where else?) Georgia, and the quickly expanding efforts by Republican Secretaries of State in key battlegrounds to make mail-in voting as difficult as possible this November, as per Donald Trump's bidding.

In Georgia, as we noted on yesterday's show, despite a successful program to help keep voters safe amid the coronavirus pandemic by sending absentee ballot applications to all active registered voters during the June primary, their Republican Sec. of State Brad Raffensperger has decided not to do so again before the November general elections, despite the spike in COVID infections and deaths in the state since then. A record 5 million Georgians are expected to vote (or try to) this year, when the battleground state is hoped by Democrats to finally flip from "red" to "blue for the first time in decades in the Presidential race and when there are not one, but two vulnerable GOP U.S. Senate Seats on the ballot as well.

In Kentucky, where Senate Majority Leader Mitch McConnell is facing a challenge from Democratic former fighter pilot Amy McGrath, we're seeing an echo of Raffensperger's attempt to suppress the vote in November. Despite a largely successful June primary, when there were no restrictions on which voters were allowed to request an absentee ballot, the state's Republican Sec. of State Michael Adams on Tuesday submitted a plan to the Governor to restore restrictions, limiting absentees largely to the elderly and those with preexisting health conditions that make them more vulnerable to COVID-19. That, despite the widely praised procedures used in June in the Bluegrass State, where the rate of infections and deaths has also spiked since the mid-summer primary. Adams' absurd excuses for the proposed restrictions on Vote-by-Mail reveal that this is much more about suppression than safety or efficiency. For example, while claiming that election officials and the U.S. Postal Service will be overwhelmed in processing the number of absentee ballots if Kentucky again allows no-excuse absentee voting, Adams is also proposing that only ballots that arrive by Election Day may be counted. Previously, officials had a week after Election Day to process ballots post-marked by then, but which arrived in the days following. Luckily, Kentucky now has a Democratic Governor who may need to approve (or veto) Adams' plan before it can be enacted.

In the neighboring perennial swing-state of Ohio, where Joe Biden and Donald Trump are believed to be neck-and-neck this year, Republican Sec. of State Frank LaRose announced on Wednesday that he is barring county Boards of Election from offering more than one single secure drop-box per county for depositing Vote-by-Mail ballots. After waiting for three weeks for an opinion from the Republican Attorney General as to whether the state's 88 counties could legally deploy extra drop-boxes, LaRose announced today that he could wait no longer. He says he believes it is now too late to make any changes to how the election will be administered. So there must only be one drop-box outside of each County's elections office. He also claimed that adding extra drop-boxes would result in lawsuits like the one filed by the Trump Campaign in late June in Pennsylvania, which argues that the use of drop-boxes in that key battleground state --- where they were successfully deployed without problem during the state's June primary --- is actually unconstitutional.

These are voter suppression attempts, period. Trump and his cronies are attempting to steal the election in plain sight. Don't. Let. Them. Inform yourself and make plans for safely voting this year NOW.

Then, we're joined once again by HOWIE KLEIN of the "Down With Tyranny!" blog and the progressive BlueAmerica PAC. He has been offering analysis on the show of late, from a progressive perspective, on the late season state primary results. Today, after sharing his thoughts on Joe Biden's new running-mate Kamala Harris (he is "not a fan") and who he might like to see appointed to fill her U.S. Senate seat if Democrats win, we cover freshman Rep. Ilhan Omar's win in the Democratic Primary in Minnesota 5th Congressional District on Tuesday against an AIPAC-supported challenger.

Then we discuss the win by Marjorie Taylor Greene --- a QAnon conspiracy theorist who has proudly made racist, anti-Semitic and Islamophobic statements --- in the Republican primary run-off in Georgia's 14th Congressional District. For some reason, AIPAC did not fund her challenger, despite her unapologetic anti-Semitic remarks, and the fact that she is most likely headed to Congress after easily winning her runoff in a very Republican district.

Nor did AIPAC manage to fund a challenger to 25-year old Republican Madison Cawthorn, an apparent Nazi sympathizer in North Carolina who Klein writes about today, and who appears likely to win the seat vacated by Trump's latest Chief of Staff, Mark Meadows this November. "They love him on the right," says Klein. "They're already seeing him as a future US Senator."

Klein also offers a preview of next Tuesday's state primaries in Florida where a progressive group outside of the state Democratic Party has worked, for the first time, to recruit Democratic candidates to run in each of the Sunshine State's 27 Congressional districts. "I always say the Florida Democratic Party is lucky that there's an Ohio Democratic Party, because otherwise the Florida Democratic Party would be the worst, instead of the second worst in the country," he says. "So the environmental caucus recruited all of these great candidates. The Democratic Party flipped out. ... But there's a really, really good roster of state legislative candidates and, on top of that, there are several excellent Democrats running for the U.S. Congress," he tells me, specifically citing Adam Christensen in Florida's 3rd Congressional District.

Finally, we close with a bit of Kamala Harris' remarks today from Delaware, where she and Biden appeared together for the first time since he named her as his running mate for the 2020 Democratic Presidential ticket...

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On today's BradCast: Never mind the pre-election polling numbers you are hearing. Given the way Donald Trump and his Administration and acolytes around the country are actively working to undermine this year's November 3rd general elections, you'd make a mistake to place Joe Biden's odds of being declared the winner at any better than 50/50 at best at this point. Disturbing comments from our guest today only underscore that concern yet again. [Audio link for today's must-listen show is posted at bottom of article.]

But first up today --- after quick news that, contrary to yesterday's reporting, a second COVID test for the Governor of Ohio Mike DeWine appears to show he is actually, and happily, negative for the coronavirus --- we cover the stunning election news out of Tennessee on Thursday night. If the computer-tallied results of the Democratic Primary yesterday for U.S. Senate there can be believed, Marquita Bradshaw, a progressive African-American environmental activist supporting Medicare for All and the Green New Deal, has won the party's nomination to run for the seat being vacated by TN's longtime GOP Senator Lamar Alexander this November.

Bradshaw's campaign raised less than $10,000, according to FEC records, yet she reportedly defeated the Dem establishment-backed James Mackler who, with the support of Chuck Schumer's Democratic Senatorial Campaign Committee, had raised more than $2 million for his campaign while only managing to come in THIRD in yesterday's contest! That's right, Bradshaw was outspent 250 to 1, but appears at least, to have easily defeated both Mackler and everyone else in the race according to the still-unofficial results.

Unless an error in tabulation is discovered, Bradshaw will go on to challenge Trump's former Ambassador to Japan, Bill Hagerty, in November. He overcame a serious challenge in a contest that placed the Trump and Mitch McConnell-endorsed Hagerty against the Ted Cruz and Rand Paul-endorsed Manny Sethi. The far-rightwing Hagerty recently resigned from the board of a brokerage firm after they expressed support for the Black Lives Matter movement. He will now run against a black activist in TN, which has not elected a Democrat to the Senate since 1990. But, if Bradshaw could win after being outspent 250 to 1, who knows what may happen in November?

That said, the GOP dirty tricks this year are already underway. According to an email from our friend Tom Sullivan, a longtime blogger at Digby's Hullabaloo from the closely divided battleground state of North Carolina, some Democratic voters are now reportedly receiving phone calls purporting to be from the Board of Elections, falsely telling them they "no longer need to request an absentee ballot." That is completely false. If NC voters wish to vote by mail this year in the Tarheel State, they WILL need to request an absentee ballot --- though they can deliver their ballot by hand at county Boards of Elections, or even vote in-person later if they change their mind.

Dirty tricks from Republican activists, sadly, is nothing new, but bad enough. Especially in NC! But when the dirty tricks are coming from inside the White House itself, that is a matter of entirely different proportions. Shamefully, even as the President of the United States continues to make false claims about absentee voting (after fraudulently doing so himself!), Donald Trump's recently appointed Postmaster General, Louis DeJoy, is now undermining the U.S. Postal Service itself in advance of what will be, by far, the largest Vote-by-Mail elections in all 50 states in the nation's history. The Republican Trump mega-donor DeJoy, with no previous USPS experience, issued several directives upon taking office in June that have resulted in the slow down of mail delivery. And while both DeJoy and other leadership at the 250-year old Postal Service (whose first Postmaster General was Benjamin Franklin) have claimed the new directives are not aimed at slowing down mail or doing Trump's bidding to undermine absentee voting, our guest today, MARK DIMONDSTEIN, President of the American Postal Workers Union and Postal Service worker since 1983, charges that is exactly what is happening.

The new directives, purportedly meant as efficiency measures to curb overtime costs, "can't do anything but slow down mail," says Dimondstein. "Our understanding is that it's really happening all over the country, and it needs to be reversed. It needs to be stopped." The APWU chief, representing more than 200,000 postal workers, charges the new measures, which direct carriers to leave mail behind at sorting stations if waiting for it will delay their route, "runs counter to our DNA. Our DNA as a postal worker is to serve the customer, leave no mail behind, treat it as if it is our own."

The USPS is in crisis mode now, as coronavirus lockdowns have severely curbed regular mail delivery --- though package delivery has increased, he tells me, helping to mitigate that loss somewhat. The Post Office is funded entirely by postage, not tax payer dollars, but its Republican-dominated Board of Governor's, he says, unanimously voted to request a $25 billion emergency bailout from Congress earlier this year. While almost every other company in the nation has received crisis funding during the pandemic, Republicans in Congress and the White House have continued to block the request. "The Post Office does not run on tax dollars in normal times, it runs off the revenue. So if the revenue is not there, then the Post Office will run out of money," Dimondstein warns. "It's not a question of if, it's a question of when."

He goes on to respond to a host of questions, including on the safety (and necessity) of Vote-by-Mail and the President's attempts to undermine it. "Vote-by-Mail is nothing new for postal workers. We've been doing this for generations. Military personnel have been voting by mail since the days of the Civil War...And of course now, with the pandemic, it's a question of access to the ballot box at all for tens of millions of people who want to vote safely," he tells me, noting ironically that "Trump trusts us to deliver his mail-in ballot!"

We discuss what he describes as the "tremendous impact of COVID on the workforce," which has seen 40,000 workers quarantined and more than 2,500 who have tested positive, and why Donald Trump has had it out for so long --- even before the coronavirus --- for the Postal Service, which Trump has called "a joke". Contrary to popular speculation, Dimondstein doesn't believe Trump's antagonism is due to his dispute with Washington Post owner Jeff Bezos, CEO of Amazon which works closely with USPS. He believes it's based on little more than interest by Trump and other corporatists to privatize and profit from the massive customer base served by the USPS every day at all 160 million addresses across the country, six days a week.

"The idea that the Postal Service is a joke is an insult to every dedicated postal worker. 600,000 plus strong," says Dimondstein. "Out here in this pandemic, on the front lines, can you imagine how we all feel hearing that? And it's an insult to the customers. 91% of the people in this country, in the latest Pew Research Poll [support USPS]. The Postal Service always rates the highest. This year, it was the highest ever, I think out of a deeper appreciation for the role of postal workers in this pandemic."

"The country just laid to rest John Lewis," Dimondstein notes. "His historic role in this country, courageously done, was the question of voting rights for African-Americans in the South of the United States. And it was courageous. He was almost beaten to death. Voting rights now is right here at the epicenter of what's going on right now, and the Post Office is right in the middle of this thing. Because without Vote-by-Mail, people aren't going to be able to vote. It's as simple as that. Tens of millions of people, from seniors to young people, just will not be able to vote during this pandemic if they don't have good access to Vote-by-Mail and don't have the states step up. We have to worry about some of these states that don't want people to vote. That's the reality."

When asked how long before Election Day Dimondstein would advise voters get their absentee ballot into the mail to ensure it arrives n time to be counted, he recommends that if you haven't mailed it by the Tuesday or Wednesday before Election Day, you'd be wise to try and drop it off in person at your precinct or local County headquarters. (Check your own jurisdiction to find out what is allowed, as the laws are different in each state and sometimes each county or municipality.)

There's much more in our conversation, but you get the idea. Please tune in for the full conversation.

Finally today, with the actual President of the United States now actively attacking the Post Office, the U.S. Census and democratic elections themselves --- all three, core elements of American democracy, each specifically cited by the U.S. Constitution itself! --- can there be any better reason to defend the nation and its Constitution by voting this guy out of office? With that in mind, we end with a bit of inspiration from satirist Roy Zimmerman's brand-new, updated version of his already-classic ear-worm parody tune, "Vote Him Away!"...

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Yes, we've got a little something for everyone today on The BradCast. We even crank things up to 11 at one point. [Audio link to show follows below.]

Among the stories covered on today's program (as voters headed to the "polls" on Tuesday in Arizona, Kansas, Michigan, Missouri and Washington state --- available unofficial results on tomorrow's program!)...

DEATH & DESTRUCTION

• The latest on the record-breaking Hurricane/Tropical Storm Isaias. It slammed ashore in the southern part of North Carolina as a Cat 1 on Monday night and has been ripping straight up the East Coast ever since, drenching state after state as well as knocking out power for millions and spawning punishing tornadoes in several states along the Eastern Seaboard on its way toward New England;

• "The best obituary you can read," according to our friend John Fugelsang on The Twitters. It's heartbreaking, enraging and too true;

• On Monday night, Donald Trump signed an Executive Memo to slash federal funding for the National Guard's response to the crisis. The Guard has been operating testing sites, distributing food and medical supplies and helping to expand hospitals across the country, but will now receive 25% less federal funding under Trump's new order in most states. In some states, however, such as Texas and Florida (key to Trump's reelection hopes) the deployed troops will still enjoy full federal through the end of the year;

• A stunning interview with the President by Jonathan Swan of Axios on HBO --- that many are comparing to the satirical VEEP today or even the classic mockumentary This is Spinal Tap --- aired last night. We share one of the gobsmacking portions of the interview featuring Trump's embarrassing, grade school-like excuses regarding the continuing national rise in COVID-19 deaths. And then the short, classic scene from Spinal Tap that so many are aptly comparing it to today;

• As the virus moves from major urban hot-spots into more rural (and less medically well-equipped) areas of the nation, The Prospect's David Dayen reminds us in his latest column that consolidation of hospital networks over the past decade has resulted in the closure of hospitals in many of those same, rural, under-served areas. 120 "unprofitable" hospitals in low-income communities have been shuttered since 2010, a crushing moral failure in the current American healthcare system that began long before Donald Trump came along to break it even more...along with everything else.

HOPE & CHANGE!

• Sen. Martha McSally remains on track to be the first Republican to lose not one but two U.S. Senate seats to Democrats in Arizona. New polling shows her trailing substantially behind presumptive Democratic nominee Mark Kelly this November, even as state Republicans appear set on Tuesday to nominate the woman appointed to fill the seat of the late John McCain in 2019 instead of her GOP primary rival who polls better against Kelly. But Kelly's lead over McSally is tightening according to some recent surveys;

• Senator Mitch McConnell in Kentucky and Tommy Tuberville in Alabama, according to new polling, both now enjoy double-digit leads against their Democratic opponents this November. That would be Amy McGrath in KY and Sen. Doug Jones in AL. But with McConnell's national approval ratings slipping as he fails to coalesce his GOP caucus in Congress around another round of desperately needed coronavirus emergency relief, anything could still happen;

• And, speaking of how anything could happen, one of Trump's top acolytes in the U.S. Senate, Lindsey Graham, is now statistically tied with his Democratic challenger Jaime Harrison in South Carolina. Yes, in South Carolina! The incumbent Graham currently holds just a 1-point lead over Harrison in a new Morning Consult poll released on Tuesday. That is well within the poll's 4-point margin of error. Other recent polls give Graham a wider lead over Harrison, though not an insurmountable one, as the once long-shot Democratic challenger continues to out-raise Trump's toady in the Palmetto State.

DEATH & DESTRUCTION + HOPE & CHANGE!

• Finally, Desi Doyen joins us for our latest Green News Report, with more on the record-breaking Hurricane Isaias; Disturbing news about storm impacts now moving further inland as the climate changes; and 15 states are now giving Donald Trump a sad by mandating a move to all-electric trucks and buses...

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Follow @GreenNewsReport...

(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Hurricane Isaias hits North Carolina amid a pandemic, and makes weather history; Rising sea levels pushing storm impacts further inland, study warns; PLUS: 15 states clear the air by moving to all-electric trucks and buses... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Big Oil Has Never Lost This Much Money; Tired of Wells That Threaten Residents’ Health, a Small California Town Takes on the Oil Industry; BP built its business on oil and gas. Now climate change is taking it apart; More Coal Power Generation Closed Than Opened Around The World This Year; US: Snake River Dams Will Not Be Removed To Save Salmon... PLUS: Northeast US Climate Pact Has Major Side Benefit — Healthier Children... and much, MUCH more! ...

Given the disturbing news out of a D.C. Appeals Court today in the Michael Flynn case, we begin today's BradCast with a few words of warning about what is likely to come between now and November 3rd (and even beyond), and how we all must now collectively approach that day in order to save this Republic. This is not a test. This is the real thing. And, as our darkest hour gets darker still --- and it will --- we must stay focused on the only thing that offers hope right now, the only thing that matters: making very real changes at the White House and Congress this November.

After that serious-as-a-heart-attack public service announcement/warning, we break down just why the surprise ruling by two Republican appointees to the U.S. Court of Appeals in D.C. today --- in response to an unprecedented motion by Donald Trump's former National Security Advisor and confessed federal felon Michael Flynn --- is so damning, dangerous and unprecedented.

The three-judge panel's majority ruling [PDF], ordering Flynn's case to be dismissed --- as Trump demanded and as corrupt Attorney General Bill Barr facilitated in opposition to the career prosecutors who successfully obtained Flynn's guilty plea (twice, before two different judges) --- was written by Judge Neomi Rao, a former White House staffer who Trump recently appointed as a federal appeals court judge. The entire matter is about as corrupt as it can get, but it may not be over yet. The full D.C. Circuit Court of Appeals may decide to rehear Flynn's unprecedented motion, given "the question of exceptional importance" raised by the matter, as allowed by law. The lower U.S. District Court was not even allowed to hold a hearing on the Dept. of Justice's Motion to Dismiss their own case before Flynn filed for a writ of mandamus to force U.S. District Court Judge Emmett Sullivan to approve the DoJ's motion before it was even heard.

As Judge Robert Wilkins, the lone Democratic-appointed judge on the three-judge appellate panel wrote in his dissent, his colleagues "grievously" overstepped their judicial powers with their order. If the surprising ruling holds, it will, as BRAD BLOG legal analyst Ernie Canning wrote last week, mean that the court has become "complicit in the President's corruption of the rule of law," which is "tantamount to an abandonment of the Judiciary's constitutional function to act as a check against Executive Branch abuses of power."

At the same time as that stunning order was issued by the D.C. Court of Appeals panel, two DoJ whistleblowers were testifying about similar cases of corruption at the Department by senior political appointees working at the behest of Barr and Trump in the case of Roger Stone, another Trump crony found guilty of lying to federal officials (just as Flynn had admitted he did as well) in relation to the Robert Mueller Special Counsel probe into Russian inference in the 2016 election. We share some of today's disturbing testimony by Aaron Zelinsky, one of the career prosecutors who refused to sign off on the DoJ's attempt to reduce the sentencing recommendation for Stone, Trump's pal and longtime dirty-tricksters (found guilty here on all seven counts), despite what he described as "heavy pressure from the highest levels of the Department of Justice," including senior political appointees who, he alleged, were "afraid of the President."

"It’s very important that we recognize what’s happening now," warned Donald Ayer, another witness at today's hearing and a former Deputy Attorney General under George W. Bush. "What’s happening now is much worse than what happened in Watergate --- much worse. It’s across-the-board. It’s a systematic effort to undo the checks that were put in place in Watergate and others that existed in the Constitution. And we need to do something about it."

The corruption of the Flynn and Stone prosecutions are now so far off the rails from what the U.S. Department of Justice is supposed to stand for that it is difficult to fully express how much dark trouble this now portends for our nation. Thus, we have one hope left --- our last firewall against full-blown authoritarianism in this country --- this year's critical general elections. To that end, there were primaries held on Tuesday in Kentucky, New York and Virginia along with a few other key races elsewhere. We're joined today by longtime progressive political blogger and Congressional campaign expert HOWIE KLEIN of Down With Tyranny to discuss a number of election results from Tuesday in New York and Kentucky which appear to suggest some very good news for progressives. We say "appear" because several of those elections are currently reported to be very close and, due to the coronavirus (which had its single biggest day of new infections in the U.S. on Wednesday), it will take some time for officials to tally the unprecedented number of absentee mail-in ballots cast. We run through several of the key races with Klein (he details many more here today) why they matter, and how a number of them they are likely to scare the hell out of the establishment on both the Left and Right.

"There were wins and losses," Klein tells me. "It wasn't like the progressives wiped out the [Democratic] conservatives. But thank goodness it didn't go the other way. So yes, it was a good night for progressive Democrats."

Also worth a quick mention today: The 24-year old Republican dude named Madison Cawthorn, who defeated the Trump-endorsed candidate in the GOP runoff to become the nominee to fill former Congressman turned White House Chief of Staff Mark Meadows' seat in North Carolina. And ALL of the electronic pollbooks in Virginia Beach, Virginia's 100 precincts failed on Tuesday...

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On today's BradCast: Sometimes it's good news when bad news arrives. At least when it's a breath of reality in the Trump Era. [Audio link to today''s show is posted below the summary.]

We've been trying on this program to make some sense in recent weeks of Wall Street's alternative reality, as seen over the past 12 weeks or so while millions of Americans have become unemployed as states ordered shutdowns and business closures while the coronavirus wreaked deadly havoc across the country. The economy has, understandably, tanked in the bargain. But the stock market's major indexes have nonetheless surged some 44.5% between late March and this week. American billionaires, as discussed in detail on a recent show, have seen their fortunes rise by some $565 billion between March 18 and the first week of June, even as the economy has largely ground to halt and entered its worst recession since the Great Depression.

The irrational exuberance of Wall Street has continued week after week, for each of the past twelve, while millions of American have newly filed unemployment claims in record numbers that simply blow away any other downturn in our nation's history beyond the Great Depression. Major companies like Hertz and J.C. Penney are declaring bankruptcy, and yet the marketeers in the Wall Street casino continue to bid up the companies share prices. On Wednesday, the NASDAQ hit its all time high. Not its highest level during the pandemic, but its ALL TIME highest trading price.

It's as if the market and the reality of the economy exist on two entirely different planets. But they don't. That was made clear again today as yet another 1.5 million new jobless claims were reported by the Bureau of Labor Statistics, leaving anywhere from 20 to 40 million Americans out of work and Congress' expansion of unemployment benefits set to expire at the end of next month.

And yet, as Donald Trump becomes increasingly concerned about his reelection chances, he and his supporters are citing the booming stock market as if it's the same thing as the economy. It decidedly isn't. That reality finally appears to have hit home on Thursday --- at least for now --- as the Dow plunged some 1,800 points along with the other major market indexes which plummeted as well. Traders seem to have finally noticed that the coronavirus can't simply be pretended away. It is not only NOT going away anytime soon, but infections and hospitalizations are currently surging to record highs in at least 21 states on the heels of many of those states --- talking to you Arizona and Texas, among others --- dangerously "reopening" far too early.

Some have (wrongly) dismissed the reported increases in the number of confirmed infections as an byproduct of increased testing. That is not true. The increases of note are in both the percentages of positive tests and in hospitalizations in many areas around the U.S. That disturbing surge comes largely before we begin to see whether the past two weeks or nationwide protests over the killing of George Floyd substantively adds to the totals, as some fear.

Ultimately, today's market crash can be seen as "good" news, in that perhaps reality is finally catching up with the markets whose inflated value has helped to prevent Donald Trump and his Republican sycophants in Congress from taking the necessary actions needed to prevent both the economy and the health of the American people from becoming decidedly worse. I've got a rant or two about all of this on today's show.

But there was more heavily-qualified "good" news on Thursday as Trump's Chairman of the Joints Chiefs of Staff, Army General Mark Milley, made clear in a video-taped statement, that it was a "mistake" for him to have joined Trump for his obnoxious photo-op last week at St. John's Episcopal Church across from the White House after Trump ordered peaceful protesters violently cleared out of Lafayette Square.

And, in further encouraging news, protesters around the country have begun to take matters into their own hands in removing offensive monuments to Confederate traitors who rebelled against the United States and killed hundreds of thousands in the bargain, in hopes of preserving slavery in "the land of the free". On Wednesday, a statue of Confederate President Jefferson Davis in Richmond, VA, the former capital of the Confederacy, was pulled down, as other such statues --- many of them erected decades after the Civil War during the Jim Crow era, as segregationist policies further institutionalized white supremacy in the U.S. --- were defaced, decapitated or destroyed as well. Yes, I've got a thought or two on all of that today as well.

Finally, Desi Doyen joins us for our latest Green News Report, in which major environmental groups are also taking action towards racial justice within their own organizations in the wake of nationwide protests, and as communities of color continue to be disproportionately harmed by pollution, climate change and other environmental issues. She also has a bit of good news regarding a newly coal-free Britain and some less good news on our latest new plague in the U.S. --- or, at least in Florida: giant toxic toads! Buckle up!

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The good news for today's BradCast is that, thanks to so much breaking news on yesterday's show, we've got at least one encouraging new piece of news on a story that we had to bump yesterday regarding Donald Trump's absentee voter fraud felony in the state of Florida. Between that and the false claims made by him and U.S. Attorney General Bill Barr and Arkansas Sen. Tom Cotton (in the pages of the New York Times, shamefully enough) charging that "antifa" is behind the violence seen at some of the mostly peaceful protests across the country over the past week and a half, we've got a lot of fact-checking to do on today's program. [Audio link to full show is at bottom of summary.]

First, Times staffers are livid that that the paper of record gave space to Cotton for an editorial on Wednesday calling for U.S. military troops to be deployed across the country against U.S. citizens under the Insurrection Act. The far-right Republican Senator charged in the piece that "cadres of left-wing radicals like antifa [are] infiltrating protest marches to exploit [George] Floyd's death for their own anarchic purposes." His remarks echo those of Trump, who, on Sunday, declared (falsely) that antifa will be designated as "a Terrorist Organization". In fact, antifa is not an organization. It's a movement of people who oppose fascism and authoritarianism and there is no such federal designation for domestic organizations, even if antifa was one. But the calls of Trump and Barr and Cotton echo what the Times itself described as "misinformation" just two days earlier in an article debunking that myth and several others related to the protest and being circulated widely (and falsely) on social media.

Moreover, the charge that antifa is behind the violence at protests is contradicted by intelligence reports this week from both the FBI and DHS, which find little evidence of antifa involvement, but seem to find plenty of evidence that rightwing white nationalist groups have organized to instigate chaos at otherwise peaceful demonstration around the nation. Continuing video tape evidence of police violently abusing peaceful protesters, including on Wednesday night after many of the demonstrations had otherwise calmed down, doesn't help either. But this week Twitter reported they'd shut down a European white nationalist group posting as "@ANTIFA_US" and tweeting out, for example, messages with a brown raised first emoji and declaring: "Tonight's the night, Comrades. Tonight we say 'F--- The City' and we move into the residential areas... the white hoods.... and we take what's ours."

While that account has been shut down, the white nationalists on the street have not all been. We still do not know the identity of the white man with full face gas mask (pictured above) and a black umbrella, who strolled down the sidewalk in front of the Minneapolis AutoZone last week with a hammer by his side, casually smashing each window of the store. Protesters tried to stop him and to identify him before he slipped away, leading Minnesota Attorney General Keith Ellison to post the video of the man on Twitter, along with the remark: "This man doesn't look like any civil rights protester I have ever seen. Looks like a provocateur. Can anyone ID him?"

And yesterday, in Las Vegas, AP reported on terrorism charges filed against three Nevada men with ties to a rightwing extremist group. They were arrested on Saturday heading to a protest on the Strip after "filling gas cans at a parking lot and making Molotov cocktails in glass bottles," according to the criminal complaint obtained by AP. Two of the men, according to an informant, "discussed causing an incident to incite chaos and possibly a riot, in response to the death" of George Floyd. They are all said to be members of the anti-government "boogaloo" movement, advocating for a new civil war.

It seems its easier to find strawmen to blame for years of systemic racism rather than take responsibility for it. That seems to be what Trump, Barr, Cotton, Fox "News" and all the rest of those looking for someone else to blame for Floyd's death and the resulting outrage seem to be doing. It doesn't seem to be working. But that won't stop them from trying to play a whole bunch of folks just months before the next Presidential election.

Speaking of...as we reported several weeks ago, Donald Trump --- who has been making myriad false claims about absentee voter fraud for weeks now --- is, himself, a voter fraud criminal after illegally voting in Florida this year, by absentee ballot, despite having no lawful permanent residence in the state.

While he claimed late last year to have moved his permanent residence from New York to his Mar-a-Lago club in Palm Beach, his original 1993 agreement with the city when he purchased the property and turned it from a single-family residence into a commercial club, required that nobody could actually live there. So, yes, that is voter fraud, and people in Florida have been charged and even jailed for much lesser infractions of the Sunshine State's elections code.

Yesterday, the Washington Post reported another noteworthy point or two on this story, with yet another update to it today. On Wednesday, the paper reported that Trump, when he filed his Florida voter registration [PDF], listed the White House at 1600 Pennsylvania Ave. as his "legal residence". That means his legal residence is not in Florida and he is, therefore, not allowed to vote there. A month later it appears he tried again, this time specifying Mar-a-Lago's address as his "legal residence." It's unknown what happened in the 31 days between the first and second registration, but maybe Florida generously granted him a mulligan. Of course, that still doesn't make his declared residence at his commercial property in Palm Beach a legal domicile in the state.

Making his case even worse, on Monday, during his infamous phone call with the nation's Governors (in which he described peaceful protesters as "terrorists" and instructed the Governors to "dominate" them or he would send in U.S. troops to do so), he stated: "I live in Manhattan". Oops. That prompted Democratic election attorney Marc Elias to tweet: "Sounds like New York may have a good claim for taxes. And Florida for voter fraud."

And, on that point, the Post updated its story today with the news that a Florida resident has now filed a formal election fraud complaint against Trump, which is what we've been calling for weeks! Under Florida law, the state is now required to investigate the complaint. And because it's a violation of state, not federal, law there is nothing to my knowledge that should prevent the President from being charged with felony voter fraud there. He did it. He should be charged with fraud.

When we painstakingly detailed the voter fraud by former GOP superstar Ann Coulter more than a decade ago after she illegally lied about her address in Palm Beach on her registration application and then unlawfully voted at a precinct she was not entitled to vote in, the state slow-walked their investigation until the statute of limitations ran out. (She also got a helping hand from a former FBI boyfriend). We'll hope that Florida Law Enforcement doesn't try something similar here. Though it would be much harder to do in this instance, given that the crime happened just months ago in this case.

Finally, Desi Doyen joins us for our latest Green News Report, with coverage of a tropical storm barrelling towards the Gulf Coast; evidence that global warming is increasing extreme rainfall events in North America; a new study finding that building new wind and solar plants is now cheaper than using existing coal power plants; and the good news that the University of California is divesting it's $120 billion endowment from all fossil fuels...

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Sure, I admit today's BradCast is a bit breathless, but you try and keep up with all of this madness happening, breaking, changing and then changing again all at once while trying to make calm, cool, collected sense of it all for listeners in just under an hour! As usual, we do our best. Wish us luck. [Audio link to full breathless show is posted below the summary.]

Somewhere amid the mayhem of our latest program you will find coverage of...

• New charges brought today against the four Minneapolis police officers responsible for killing George Floyd last week. (BRAD BLOG's Ernie Canning foreshadowed as much in his report on the results of a new independent autopsy of Floyd earlier today.);

• Protests against Floyd's ghastly murder-by-cop continue around the country for a tenth day;

• Trump (as we predicted yesterday) begins to back away from his tough guy threats to send U.S. military troops to cities across the country to "dominate" peaceful American protesters;

• Trump's Secretary of Defense Mark Esper claims he didn't know where he was going when he joined Trump's pathetic photo-op with a bible iin his hands in front of St. John's Episcopal Church on Monday, after federal storm-troopers were ordered to clear out peaceful protesters and church staff with tear gas, rubber bullets and other violence to take the shot. Esper now says that he opposes using federal troops against Americans, even though he described American cities as "battle spaces" during a phone call with Governor's on Monday;

• A senior Pentagon adviser resigns, charging that Esper "violated" his oath to protect and defend the Constitution;

• Even Pat Robertson tosses Trump under the bus after all of this;

• U.S. troops deployed to D.C. from Fort Bragg in NC on Tuesday to quell protests are reportedly sent back to their bases...and then reported NOT being sent back to their bases just a few hours later, right before air time today';

• Some protesters managed to breach a temporary fence near the White House and cowardly Trump is reportedly scuttled back into his underground White House bunker by Secret Service;

• Also, Trump claims to now be pulling the August Republican National Convention out of Charlotte, North Carolina because the state's Governor won't let him create a shoulder-to-shoulder viral super-spreader event out of it. We'll see if President Bluffer keeps that threat (he usually backs away from most), and we'll see how it may harm his odds of winning the very closely divided Tar Heel State this November. He really needs it to go "red" again if he wants a chance at re-election;

• And, oh yeah, all of this as primary elections were held in about a dozen states and D.C. amid protests, curfews and a pandemic that continues and has, so far, killed more than 105,000 Americans in just the past 90 days.

  Unofficial results from Tuesday are slower than usual in coming in, due to the expansion of absentee voting in most states to help keep Americans safe during the pandemic. Lines to vote in-person were also much longer than usual in many places, due to the consolidation of polling places, also thanks to the coronavirus. That resulted in many forced to wait in very long lines, sometimes for hours after curfews around the country. But there was some noteworthy news in the few results we do have.

  Of course Joe Biden continues his march toward the required number of delegates to formally win the Democratic Presidential nomination. But, of more note on Tuesday...

  • Ferguson, Missouri --- where the killing of a young African-American man by a white cop sparked national protests six year ago --- elected Ella Jones as the city's first woman and first African-American Mayor!
  • Nine-term white supremacist Republican Congressman Steve King was defeated in the GOP primary in Iowa's 4th Congressional District by another rightwinger who will go on to face progressive Democrat J.D. Scholten (a guest on this show just a few weeks ago) in November.
  • Republican Congressman Greg Gianforte, who beat up a journalist (and tried to lie about it) the night before winning his first term in Congress three years ago, won the GOP nomination for Governor in Montana. He will now run against the state's Democratic Lt. Governor Mike Cooney to fill the seat being vacated by the popular term-limited Democratic Governor Steve Bullock in a state which Trump won by 20 points in 2016. That year, however, Bullock won his second term as Governor on the same ballot, and on Tuesday he secured the Democratic nomination to take on incumbent Republican Sen. Steve Daines, who could very well be in trouble this year.

  We're joined today by progressive Congressional campaign expert and advocate HOWIE KLEIN of the "Down With Tyranny" blog and the BlueAmericaPAC to discuss all of the above and much more, including a number of other progressive wins (some a surprise) and losses (not as surprising) on Tuesday.

  Klein also handicaps a few upcoming races and offers what he regards as some "exciting" contests next week in Georgia which, with West Virginia, will be holding their own primary elections on June 9th. If you can keep up with everything that happened on today's show, much less today overall, you win a prize. Other than that, color me breathless...again...

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