The cruelty really does appear to be the point, as discussed on today's BradCast. [Audio link to full show follows below this summary.]

On Wednesday, the hateful creeps who have been fired up for years by Fox "News" and the Republican Party against trans kids, had their day at the U.S. Supreme Court, which heard some two and half hours of oral argument for and against the state of Tennessee's Big Government ban on safe, medically prescribed gender-affirming care for minors.

U.S. v. Skrmetti, as CHRIS GEIDNER of Law Dork, our guest today, pointed out in his coverage last night after sitting through the full hearing at the Court, should have been an "an easy case, in some ways." The actual legal question for the moment is whether the U.S. 6th Circuit Court of Appeals, which upheld TN's cruel ban, applied the proper standards when hearing the case. If the law banning medical care for youths, as recommended by their doctors and approved by their parents, is based on sex, it should be subject to at least "intermediate scrutiny" by the court, meaning the government needs to prove "there is an important government interest and the law is substantially related to it," Geidner explains. "You need to have a reason" to adopt such a law that may discriminate on the basis of sex.

No such scrutiny was applied to TN's Senate Bill 1 when its challenge was heard and the law upheld by the lower court. The Biden Administration and the ACLU attorney representing the private challengers in the case made clear that the law is, in fact, based on sex and therefore should be remanded to the lower court to be heard under heightened scrutiny to ensure there us a legitimate governmental interest in enforcing the law which, plaintiffs argue, violates the 14th Amendment's Equal Protection clause.

That said, Wednesday's hearing became, at times, more of a culture war over trans rights in general, as 25 other largely GOP-controlled states have adopted similar bans in recent years. Their laws will be affected by whatever happens in this case currently at SCOTUS. That, as Donald Trump and his allies have vowed to roll back protections for transgender people at the national level after he takes office again next year.

The matter, in short, is very high stakes. But the stakes are the highest at the moment for the kids who will be --- and already are being --- unconscionably harmed by these insidious laws meant to help Republicans gain or hold power under the guise of keeping children safe. These laws do no such thing. They are actively harming children rather than help them.

Geidner breaks down what happened at the High Court on Wednesday; how a 2020 case (before the all-out GOP war on transgender people kicked into high gear) in which Republican Justices Neil Gorsuch and John Roberts actually joined the Court's liberals to protect trans rights may affect this case; and whether TN will be able to get five Justices to uphold their ban --- or if the challengers will find five that are willing to at least send the matter back down to the lower court for a proper hearing.

"All that DoJ and the ACLU, representing the private plaintiffs, were saying is that, 'The 6th Circuit got the wrong standard, and all that you need to do is say that this is a sex-based classification, and send it back for them to do the rest of this work'," says Geidner. The case, the challengers argued, is a Constitutional Equal Protection matter. But, as Geidner observes, "What we saw from Chief Justice Roberts and Justice [Brett] Kavanaugh was an attempt to come up with a way of resolving the case that would allow these laws to exist that isn't anti-trans. Which can essentially only happen by turning the Equal Protection clause on its head or rendering it virtually irrelevant." That would have a sweeping effect on all matter of legislation encroaching on Constitutional rights.

The matter, Geidner assess, now most likely rests upon decisions by Justices Amy Coney Barrett and Gorsuch who, Geidner notes --- after having written the majority opinion in 2020's landmark Bostock case that prevented discrimination against transgender people by their employers --- fell curiously silent throughout the entire hearing on Wednesday.

Most media coverage after the hearing on Wednesday suggested things don't look good for the challengers --- and for the children they are hoping to protect. Geidner concedes that may be the case, but he holds out hope and explains why today.

Also on today's program...

• A few words about the 7.0 magnitude quake in Northern California this afternoon, and the tsunami warning that briefly followed it, affecting some 5.3 million people on the West Coast. (For those who asked after the news broke today: We're fine! And nowhere near the quake down here in Southern California! But thanks for asking!)
• And, finally, Desi Doyen joins us for our latest Green News Report on a North Carolina town suing Duke Energy for years of deception about climate change; how climate change has become the dominant cause of drought in the U.S. West; South Africa's High Court bans new coal plants; and small, imperiled island nations like Vanuatu and Kiribati, whose entire existence is now threatened by rising seas, are leading a courageous landmark fight for global climate action at the U.N.'s International Court of Justice...

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As detailed on today's BradCast, the avenues for massive corruption by the incoming Trump Administration are, shamefully, only beginning to come into view. The fact that our corporate media so utterly failed to make such possibilities clear --- or even to simply explain to the electorate what tariffs actually are and how they actually work --- is just one more indictment that we will spend decades paying the price for. [Audio link to full show follows this summary.]

FIRST UP... The final uncalled seat for the U.S. House in the next Congress, following the November 5th election, has finally been called. Republican Rep. John Duarte conceded on Tuesday night to Democrat Adam Gray in California's 13th Congressional district. It was the closest race in the House this year. As of air time, just 187 votes separate the two out of more than 210,000 cast, as Dems flipped a third seat in the Golden State this year. That leaves Republicans with one of the slimmest House majorities in history, holding just 220 seats to Dems' 215. That said, with the resignation of Matt Gaetz, and two other GOP members set to step down if confirmed to be in Trump's cabinet, the margin for passage of any of his legislative agenda may be in question in the lower chamber in the early part of next year. Just one or two defectors, or members who are out sick, could make it impossible for Republicans to get anything through the House.

THEN... We've debunked the long-ago, many times discredited 2000 Mules film --- supposedly documenting massive fraud by Democrats to steal the 2020 election from Donald Trump --- over and over again in the past several years. Both state and federal law enforcement authorities have done so as well. Even the publisher and distributor of the documentary film and its companion book have pulled both from distribution and offered an apology. This week, so did the fraudulent film's director and rightwing pundit Dinesh D'Souza. He issued an apology to one of the people seen on surveillance video in the film, which claimed the man was committing a "crime" by depositing "fraudulent votes" into a drop-box near Atlanta in 2020. In fact, the man was dropping off his own ballot, his wife's and those of his adult children who lived with him --- all perfectly legal in Georgia. In his apology, D'Souza (who was pardoned for his own ACTUAL election fraud crimes by Trump!) appears to blame his partners on the film, a long-ago discredited GOP "voter fraud" fraudster group called True the Vote, for misleading him about the footage they supplied for his use in the film.

FINALLY... Donald Trump has been vowing for the past year or more on the campaign trail to institute massive trade tariffs on foreign nations of anywhere from 10% to 1000% depending on his mood on any given day at any given event. He has also, for years, been lying to the American public about tariffs, claiming they are paid by the nation whose products are taxed upon import into the U.S. In fact, as our guest today explains, they are almost always paid by the consumer in some fashion and are likely to inflate prices to boot.

We're joined today by DAVID DAYEN, investigative financial journalist, award-winning author and Executive Editor of The American Prospect magazine. He offers both a primer on how tariffs actually work (and/or don't), and how Trump plans to use them to muscle concessions and favors from other nations, beginning with Mexico, Canada and China, our three largest trading partners from whom we import some $1 trillion worth of goods each year.

"The heyday of tariffs was the 1890s," Dayen explains. "But the way that Trump is going about it, you've got to think of these tariffs as more like economic sanctions." Sanctions that could come back to bite the U.S. via a trade war if those nations decide to slap their own tariffs on our goods in return.

Trump has claimed that his recently promised 25% tariffs on Mexico and Canada, and new tariffs of 10% on goods from China are meant to stop the "invasion" of migrants and drugs into the U.S. But that explanation, charges Dayen, is dubious at best. They are more likely intended as "simply leverage" in advance of renegotiations of the USMCA, the slightly modified replacement for the NAFTA trade treaty that was struck between U.S., Mexico and Canada during Trump's first term.

But, as Dayen reported at The Prospect last week, "there's a second piece to Trump's tariff strategy" that involves corporate importers and exporters, rather than nations. That, as he explains today, is where Trump's ability to give away tariff waivers is set to be a wildly lucrative scheme that will open the door to perhaps unprecedented corruption and payoffs from corporate interests hoping to avoid the economic pain of tariffed goods.

In his explanation, Dayen cites the famous "Cantillon Effect" which "comes down to whoever is closer to power is going to have better success in business." And now, between Trump's hotels and publicly-traded social media company and, perhaps most disturbingly, his new cryptocurrency venture --- (which a Chinese entrepreneur currently under SEC investigation for fraud, market manipulation and other violations of U.S. law just dropped $30 million into, three weeks after the election) --- it is going to be open season to buy favors and favoritism galore from the new President.

"This is what oligarchies look like," says Dayen. "This is what Russia looks like. If you're closer to the king, you're going to do better. The next four years are going to reflect this tendency."

And, yes, as he argues today, "the mind boggles at the potential for corruption"...

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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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Okay, we're back live for today's BradCast after a much-needed holiday break! Thank you for your patience. Of course, on Day One of our return, breaking news overnight shakes up our best-laid return plans. Welcome back. [Audio link to full story follows this summary.]

Among our coverage today...

• Before leaving for our Thanksgiving holiday, we had been covering, in some detail (see here and here for a start), concerns by longtime computer scientists and cybersecurity and voting systems experts about the accuracy of the results of the 2024 Presidential election. The bulk of their concerns center around unprecedented breaches of proprietary voting system software by Trump supporters in several different battleground states after the 2020 election. Systems were unlawfully breached and its software copied and distributed via the Internet to MAGA "Stop the Stealers". The experts have been calling on [PDF] Vice President Harris to seek hand-counts or partial hand-counts in several battleground states to confirm the accuracy of reported results. While we were off last week, another expert rang in. Jacqueline Singh served as the Lead Incident Response and Threat Analyst for the 2020 Biden-Harris Campaign. Last week she penned a brief, open letter to President Biden and Vice President Harris, urging them to seek "a comprehensive forensic audit" of the 2024 results, based on a number of issues that she argues "undermine confidence in the election results." Singh, "the cybersecurity lead" on Biden's 2020 campaign, explains why such an audit would "not only verify the accuracy of the vote count but also identify vulnerabilities that could threaten future elections." That said, I have neither seen nor heard any evidence that the Biden-Harris Administration, the Harris-Walz Campaign, or any other official body is even considering such a post-election audit beyond the few, minimal spot checks run by several states, much less a full or partial hand-count of paper ballots in states won by Biden in 2020 but reportedly lost by Harris in 2024.

• Over the weekend, Donald Trump appointed the fathers-in-law of his two daughters to top positions in his upcoming Administration. Tiffany's billionaire father-in-law Massad Boulos was named as Trump's senior White House advisor on Arab and Middle Eastern Affairs. Trump didn't bother to note his familial relation when making the announcement. The day before, Ivanka's father-in-law, convicted felon Charles Kushner (Jared's dad), was tapped to become the next U.S. Ambassador to France. In 2005, Kushner pleaded guilty to 16 counts of tax evasion; one count of federal witness tampering; and one count of campaign finance violation. His prosecutor, then-US Attorney (later NJ Governor and Trump ally) Chris Christie has described the case as "one of the most loathsome, disgusting crimes" he had ever prosecuted. Tune in to find out why. That said, Trump pardoned Jared's dad and his daughter's father-in-law for all of those crimes before leaving office in 2020.

• Also over the weekend, Trump announced plans to appoint longtime loyalist and MAGA merchandiser Kash Patel as the next FBI Director, even though the current Director, Christopher Wray (also appointed by Trump), still has three years left in his current term. The announcement suggests that Wray will be fired upon Trump taking office, unless he resigns first. FBI Directors serve 10 years in office in order to span Presidential administrations, in order to prevent the position from being politicized. Patel has vowed to weaponize federal law enforcement by bringing retribution against the so-called "deep state" and to prosecute Trump's perceived enemies at the DoJ, FBI and the federal government as a whole. He has also vowed retribution against Trump's perceived political enemies, promising to "go out and find the conspirators, not just in government, but in the media...who lied about American citizens who helped Joe Biden rig Presidential elections." Whatever, dude.

• And with all of that for context by Sunday night, President Biden issued a full pardon for tax and gun charges faced by his son Hunter Biden, despite previously vowing he would not do so. In his statement announcing the pardon, the President explained (correctly) that his son was selectively targeted by a Trump-appointed prosecutor for six years. "No reasonable person who looks at the facts of Hunter's cases can reach any other conclusion than Hunter was singled out only because he is my son --- and that is wrong," Biden explained. "There has been an effort to break Hunter --- who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they've tried to break me --- and there's no reason to believe it will stop here. Enough is enough."

  So, did Joe do the right thing in pardoning Hunter, as many are arguing today? Or did he set a troubling "precedent" for pardoning family members that Trump will subsequently abuse when he returns to the Oval Office, as others have argued? Even as they apparently failed to notice that Trump already did that when he was in office the first time, issuing pardons to his daughter's father-in-law and dozens of other personal cronies.

  Listeners ring in on all of the above on today's BradCast...

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It's a jam-packed show today, as we try to fit as much in as we can for our last BradCast until after the Thanksgiving holiday. Yes, we're taking a much-needed week off next week. But we've got some advice for all of us on today's program on how to (try and) survive the holidays with MAGA friends and family members and, perhaps, pave the way for a better tomorrow. [Audio link to full show follows this summary.]

Among our coverage today...

• Minutes after the Gaza Health Ministry announced that 44,000, mostly women and children, have been killed during Israel's 13-month long war following the October 2023 Hamas attack that killed 1,200 in Israel, news broke from the International Criminal Court. Warrants have been issued by the ICC for the arrest of Israel's far-right Prime Minister Benjamin Netanyau, his former Defense Minister and Hamas' military chief on charges of crimes against humanity and other war crimes. We explain what that means and doesn't.

• Police in Monterey, California on Wednesday night released a 22-page report [PDF] on the 2017 sexual assault allegations filed by the organizer of a Republican women's event against Pete Hegseth, a featured speaker at the forum, Fox "News" weekend host and Donald Trump's nominee to be the next U.S. Defense Secretary. The police report includes disturbing and seemingly damning details, as well as corroborative statements and texts from a number of witnesses and medical personnel. Police had recommended the case to the Monterey County District Attorney's Office for review at the time. Hegseth, who says the tryst was "consensual" and denies allegations of drugging the victim and preventing her from leaving a hotel room, paid a cash settlement to her last year to avoid a lawsuit. Somehow, the Trump Transition team claims to have known nothing about these charges and, in the meantime, Hegseth remains Trump's pick to head the U.S. Dept. of Defense.

• Fellow accused sexual miscreant, Matt Gaetz, however, is no longer Trump's nominee to be the nation's top law enforcement official. He withdrew from consideration to be the next U.S. Attorney General on Thursday morning, following daily revelations of new evidence supporting claims that the former Florida Congressman paid thousands of dollars for sex with 17-year old girls, trafficked the underage minors across state lines, used illicit drugs and other activities which would be disqualifying for the job of the nation's top cop in every Administration but Trump's. Gaetz resigned from Congress last week, on the same day he was tapped by Trump, just one day before the House Ethics Committee was to consider releasing their report on all of these allegations. His resignation letter reportedly stated that he did "not intend to" take the oath of office in the new Congress following his re-election on November 5. Don't be surprised, however, if he shows up anyway to take the oath of office on January 3rd, when the new Congress is sworn in. Telling the truth about anything has never been Gaetz' strong suit. (Moments after we got off air, former Florida A.G. Pam Bondi --- who declined to investigate allegations against Trump after he made a donation to her campaign --- was tapped as Trump's new nominee to lead the U.S. Justice Dept.)

• We've got still more evidence today about the polluted "information environment" that many, including myself, have blamed for the re-election of Trump over Kamala Harris on November 5. In this case, a new survey finding that some 74% of voters had heard about Harris' non-existent "plan" to "protect the rights of transgender people," thanks to $37 million in ads citing the false claims about the Democratic nominee, and a failed media environment --- corporate, social and independent --- simply unable (or uninterested) in accurately informing the electorate to the contrary. (In related news, both Desi and myself are now on Bluesky! Please follow us there! She is @GreenNewsReport.bsky.social. I am @TheBradBlog.bsky.social.)

• Then, we're happy to once again be joined today by RICH LOGIS, Founder and Executive Director of Leaving MAGA, a non-profit formed to help others, like himself, escape what he describes as the "Cult of MAGA". Logis spent years as a Republican pundit turned dyed-in-the-wool Trumper, having voted for the disgraced former and future President in both 2016 and 2020, before finally coming to the difficult realization that he'd been taken in by a dangerous cult leader.

  Logis contributed to the Democratic National Convention this year with video testimonials from fellow former MAGA members and worked on behalf of the Republicans for Harris campaign.

  Today he joins us to discuss, among other things, what he's learned over the past year from his series of podcast interviews with fellow former MAGA cultists; what he attributes Trump's victory to (hint: he agrees me with about the polluted "information environment" in which Trump supporters are no longer able to distinguish truth from lies); and how he recommends non-MAGA Americans deal with their MAGA family members and friends over the upcoming holidays.

  "Donald Trump's toxic superpower is lying," Logis tells me today. "The rightwing in the Republican Party lie about everything. So I succumbed to mis- and disinformation. When I realized that I had, by diversifying my news and information sources, it set me on the pathway to leaving MAGA."

  Logis believes, as I do, that there will be more --- not fewer --- people looking to leave MAGA in the months and years ahead, as the reality of Trump's next clown show takes shape. The time to start helping them to do so is now, he argues.

  While conceding that it might sound "very naive", he advises progressives and other non-MAGA folks to try and "make some dinners politics-free this year." But, if that can't be done, he recommends attempting to "extend the olive branch and say, 'I would like to have more of the kind of relationship that we may have had before 2015 and 2016.'"

  Logis makes the case that, even while recognizing that many MAGA opponents will not feel like it's their duty to take that step. "It's a way to reopen opportunity, reopen that door," he asserts, so when those folks are finally ready to leave MAGA, hopefully in the not-too-distant future, they will know there is space and an exit ramp for them to do so.

  Anyway, as usual lots more in my conversation with Logis today. And he does have some cred here, as he once again felt it necessary to apologize for his part in "helping Donald Trump divide our country, pitting complete strangers against each other, tearing asunder friendships, families, communities and places of worship." He explains that his work in creating Leaving MAGA "is a way for me to make amends."

• Finally today, Desi Doyen joins us for our latest Green News Report and last before our Thanksgiving break, with news on the back-to-back, climate change-fueled monster storms that slammed the Pacific Northwest over the past several days; a new report on how the climate crisis intensified every U.S. hurricane in 2024; the discovery of a huge cache of "rare earth" elements in a surprising location in the U.S.; and New York's Governor changing her mind, yet again, about congestion pricing in NYC to help reign in both traffic and air pollution while bringing in a ton of much-needed dollars to the city...

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Will he ever face any punishment for his many crimes? That is among the many issues covered on today's BradCast. [Audio link to full show follows this summary.]

FIRST UP... The fight over Donald Trump's absurd selection of alleged statutory rapist Matt Gaetz as the next U.S. Attorney General continued in Congress today, as Republicans on the House Ethics Committee appeared to block the release of the report from a years-long investigation into the former Florida Reps' well-documented record of alleged sex trafficking of minors, paying some $10,000 for sex, and illicit drug use, among other (previously) disqualifying issues for someone tapped to head the Dept. of Justice as the nation's top law enforcement official.

THEN... The clown show of other Trump appointments to key government posts has continued over the past 24 hours with the selection of pro-wrestling's WWE co-founder Linda McMahon to head the Dept. of Education (which Trump has previously vowed to shut down) and TV doctor/snake-oil salesman Dr. Mehmet Oz to head up the Centers for Medicare and Medicaid.

But one of Trump's picks this past week has received much less attention than it deserves. Brendan Carr, author of the chapter on the FCC in Heritage Foundation's Project 2025 [PDF], was selected over the weekend to become Chair of the Federal Communications Commission, even though Trump pretended during the campaign that he wanted nothing to do with Project 2025 and the people who created it. Carr quickly took to his friend Elon Musk's Twitter/X after his nomination on Sunday to declare a war on "censorship" by Big Tech companies, before subsequently appearing on Fox "News" to suggest the FCC must review broadcast licenses granted to news outlets like CBS. During the campaign, Trump called for the censorship or complete shutdown of almost all broadcast and cable news outlets that are not rightwing propagandists.

It must also be noted that Project 2025 specifically calls (see p. 279) for reviewing the broadcast licenses to Pacifica Radio Network, which has dozens of affiliate stations across the country that air The BradCast every day, including KPFK, our flagship station here in Los Angeles.

NEXT... The New York state justice system is in completely uncharted waters at the moment, with the election of Donald Trump following his conviction earlier this year on 34 felony counts of fraud related to his hush money payment to adult film actress Stormy Daniels before the 2016 election. Sentencing in the case had been scheduled for November 26. But this week, prosecutors from the office of Manhattan District Attorney Alvin Bragg informed Justice Juan Merchan they were willing to pause sentencing to litigate Trump's assertions that, following his election this month and the U.S. Supreme Court's absurd "Presidential Immunity" ruling over the Summer, he can never be sentenced at all and the case must be dismissed in full. NY prosecutors, however, disagree and argue he should still be sentenced even if, in a worst case scenario, it must wait until after Trump is out of office.

We're joined today to help us make sense of this mess by George Washington University law school professor RANDALL D. ELIASON, who previously served as chief of the U.S. Justice Dept.'s Fraud and Public Corruption section in D.C.. Over the weekend, Eliason argued in an article at The Atlantic that New York must proceed with sentencing of Trump before he is sworn in to office next January.

"At this point," he tells me today, "it's almost less important what the actual sentence is. But I think it's important for the justice system to see that this case gets concluded, and doesn't just kind of dangle out there for the next four years. The case has already been tried and we already have a jury verdict. And it could be sentenced before he even takes office. That's not going to 'chill' him from doing anything as President, because it's over, and it's not going to take any of his time because appeals are handled by the lawyers."

While conceding "we don't have any precedent for any of this" and that a prison sentence certainly can't happen while he's in office, Eliason argues that it's "important now that A sentencing happens," even if it "can't be that meaningful or consequential. But I think it should take place just as a matter of the justice system completing this prosecution, honoring the jury's verdict, and having an official judgment of conviction entered on the record that he is, in fact, a convicted felon. Then the appeals can proceed in the normal course."

In addition to much more on that, we also discuss...

• The "extremely concerning" appointment of Matt Gaetz as U.S. Attorney General, who, the longtime DoJ veteran Eliason describes as "completely unqualified for the job" with "his only connection to the Justice Department, as far as I can tell, as the subject of a criminal investigation";
• The likelihood of Trump using recess appointments to push many of them through without Constitutionally-mandated Senate oversight. "How much Trump can get away with is going to come down to whether Senate Republicans have any backbone at all, and are willing to stand up for their Constitutional role for advice and consent." (Uh, oh);
• Whether the sprawling racketeering conspiracy case against Trump can continue in Georgia against his 18 indicted co-conspirators even if the ringleader of the attempt to steal the 2020 election in the Peach State is now either let off the hook entirely or is allowed to defer the trial until after he is out of office;
• How Eliason would like to see Special Counsel Jack Smith end the two federal indictments against Trump for his attempt to steal the 2020 election and his theft of hundreds of pages of highly classified national security documents the last time he left office in 2021;
• And whether Trump will still have to pay his civil penalties no matter what happens, including the $355 million fraud verdict against him in New York State and the $83 million jury award in the sexual assault case against him won by writer E. Jean Carroll...

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Okay. The best way to take in today's BradCast is simply to listen to it. That is almost always the case, but especially today. The stuff you are tuning in for is likely right up front today. [Audio link to full show follows this summary.]

I have been hearing from a lot of listeners of the show and readers at The BRAD BLOG since the election, especially on the heels of our coverage last week of a letter sent to Vice President Kamala Harris by a group of top-flight computer scientists and cybersecurity and voting system experts, explaining to her why they are strongly urging her to seek hand-recounts of ballots in several battleground states. I covered their 5-page letter [PDF] in detail on our show last Thursday, along with my interview with longtime University of South Carolina computer science professor and voting system expert, Duncan Buell, one of the signatories.

Around the same time, a longtime financial services security expert, Stephen Spoonamore, who I've known for many years, also begin describing his own concerns about the reported results of the November 5th Presidential election, and has now sent two "Duty to Warn" letters to the Vice President (here is his latest) also recommending she ask for hand-recounts in several battleground states.

While the group of experts cite well-documented evidence of Trump supporters unlawfully breaching proprietary voting systems, copying its software and distributing it across the Internet following the 2020 election, in states including Georgia, Michigan, Pennsylvania and Colorado (for which several have been charged and/or convicted with felony crimes), Spoonamore's worries are a bit more speculative. He is concerned by his analysis of a reportedly high number of what are known as "Bullet Ballots", which include one single vote (in this case, for Trump for President) and for no one else on the ballot. He augments that concern with what he fears could be a related bevy of hoax bomb threats in largely Dem-leaning jurisdictions on Election Day, said to have come from Russian email domains, as well as the use of Trump supporter Elon Musk's Starlink Internet system in a number of places.

My opening monologue today speaks to all of those concerns, as shared by many Harris supporters who --- not unlike Trump supporters in 2020 and Clinton, Sanders and Kerry supporters in years past --- are suspicious of the reported results of the election. I try to offer some much-needed clarity about what Spoonamore, somewhat misleadingly, described originally as Bullet Ballots, cast at a suspiciously high rate in some battleground states, but not in immediately neighboring states, as well as his other allegations.

Many more details in the show, right up at the top, if you want to give it a listen. But, the long and short is this: It doesn't matter what one's reasons may be for a lack of confidence in the reported results, as currently tallied almost entirely by computer tabulators, either correctly or incorrectly. The only way to answer those concerns, and to determine if the results were tabulated accurately, is with a public hand-count of ballots, either in whole or even in a smaller audit of a random sampling of precincts to ensure computer-reported results accurately reflect the intent of voters.

That has been true for the two decades that I have been reporting on these issues and similar concerns --- sometimes justified, sometimes not (again, it doesn't matter) --- whether they come from Republicans or Democrats or third-party voters. Publicly hand-counting paper ballots (hopefully hand-marked paper ballots!) is the only way to possibly gain confidence among those in the electorate who are suspicious, rightfully or not, about reported results. Public hand-counts remain the Gold Standard for democratically conducted elections --- no matter how many in the media, or even in the "elections industry", misleadingly suggest otherwise.

When you really REALLY need to know who won the closest of elections, you publicly hand-count the ballots. Doing so, by the way, is not always dispositive. There are still sophisticated ways to defraud even a publicly hand-counted election. But it's the best and easiest place to begin.

As noted, there is much more specific detail in my coverage of all of this today, including, for example, news on a hand-counted audit of several precincts this week in Centre County, PA, following a still-unexplained problem uploading absentee ballots into the County's tabulator system on Election Day. So, for those who have touched base with me about any or all of these related concerns, please tune in today!

ALSO TODAY...

• Speaking of counting votes in Pennsylvania, hedge-fund CEO and Republican U.S. Senate candidate Dave McCormick currently leads three-term Democratic Senator Bob Casey by about 17,000 votes, or about one-quarter of one percent, out of nearly seven million votes tallied in the contest. A recount is set to begin shortly, and Counties may choose to count ballots either by hand (please do!) or by a different computer-tabulator than those used to tally them originally. But all of that is taking place amid a legal battle that has stretched on for years, concerning whether absentee ballots, which are known to have arrived on time, but with missing or incorrect dates on their outer envelope, should be counted. A number of counties led by Democrats say yes, they should be counted and that the dates are meaningless. That is true and almost everybody --- even many Republicans, including McCormick who sued to include such ballots in the count when he narrowly lost a 2022 GOP primary --- agree! But, in response to lawsuits filed by 2024 Dave McCormick joined by the Republican National Committee, the Pennsylvania Supreme Court ruled on Monday that, no, those votes may not be counted this year, since (terrible) state law mandates they may not be. More details, as usual, on today's program.

• Yesterday on The BradCast, we discussed the importance of full and proper FBI vetting of nominees to top Presidential Administration posts with former Deputy Asst. Attorney General and former Chief Counsel for Nominations in the US Senate, Lisa Graves. Instead, Donald Trump's team has hired a private firm to vet potential nominees. Graves explained how such background checks are critical for ensuring that top government officials do not have leverage that may expose them to blackmail, etc. Well, new details now coming out about the allegations of sex trafficking of 17-year old girls by Trump's nominee for U.S. Attorney General, Matt Gaetz serve as a reminder of how important that is. The fact that files said to detail evidence and testimony on some of the most illicit and disturbing charges against him were reportedly hacked from a law firm on Monday puts a huge, blinking, screaming red flag next to that point!

• Finally, Desi Doyen joins us for our latest Green News Report as Trump nominates climate science deniers and fossil fuel profiteers to top environment-related cabinet posts, and as President Biden visits the Amazon Rainforest to tout some of his landmark achievements taking on climate change...before Donald Trump returns to office and works to reverse much of that critical progress...

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Today on The BradCast: He hasn't even been sworn in and he's already violating federal law. Surprised? In this case, the law that he's violating is one that he himself signed into law in 2019. [Audio link to full show follows this summary.]

The flood of wholly-unqualified appointments to cabinet level posts and other top appointments, since Donald Trump barely won a plurality (not a majority) of the national popular vote two weeks ago, continues. You're probably well familiar by now with the nominations of alleged child sex trafficker Rep. Matt Gaetz for U.S. Attorney General, the nation's top law enforcement official, and of Fox "News" weekend host Pete Hegseth as Defense Secretary.

Neither have any experience leading huge organizations (or even medium-sized ones) with millions of employees --- or even any experience at all at the organizations they have been tapped by Trump to lead. And Hegseth, who was disqualified from serving in the National Guard during Joe Biden's 2021 inauguration as a potential "insider threat" due to his White Supremacist tattoos, was also revealed over the weekend by Washington Post to have paid off a woman to settle her accusations of sexual assault. He reportedly denies the rape allegation, if not the settlement.

The Trump Transition team claims they knew nothing about any of it when they selected Hegseth to head DoD. That should give you chills. Perhaps that's because the Transition team hired a private firm to vet Trump's nominees, rather than rely on the FBI, as they would be doing, had Trump complied with the bipartisan amendment to the Presidential Transition Act that he himself signed into law during his first term.

The measure also requires Presidential candidates to sign agreements with the White House and General Services Administration by October 1 before an election to begin the transition process with a publicly disclosed ethics policy and a public statement of how the future President plans to avoid conflicts of interest while serving, if elected. It allows for FBI vetting of incoming officials to grant access to classified documents and other material from the previous Administration at the nation's 438 Executive Branch agencies that they will control. Signing the agreement, as required by law, also includes a vow that Transition teams may take no more than $5,000 from any one person for certain transition costs, and that they will publicly disclose the names of those donors, among other things.

Donald Trump has, so far, refused to sign any of those agreements, alarming ethics, national security and legal experts as he begins defying federal law (again) even before taking office for a second term as President.

Joining us to explain the national security and other serious consequences and ramifications of all of this is LISA GRAVES. She is uniquely qualified to discuss these issues, given her service in all three branches of the federal government, as a Former Deputy Asst. Attorney General at the U.S. Justice Dept.; former Chief Counsel for nominations in the U.S. Senate; and former Deputy Chief for the Article III Judges Div. of the U.S. Court system. She now heads up the government watchdog and political research organization, True North Research.

We've got a lot to discuss with Graves today, beginning with what alarms her most about Trump's refusal to sign the Presidential Transition Act agreements. She identifies the avoidance of the FBI background investigation process as a "huge red warning flag."

"He does not want his cabinet appointees to go through the regular clearance process. The FBI background process is a long-standing part of the process," she tells me. It's "designed to help look at whether you have any issues that could made you blackmailable. That's part of it. For people who are seeking access to our most sensitive information, there are additional national security assessments. The investigators are looking at: do you have stability, trustworthiness, reliability, discretion. Do you have good character and judgment, honesty, and unquestionable loyalty to the United States to ensure that people who get positions of trust, with access to our most sensitive information, have unquestioned loyalty to the United States and not a foreign power."

Graves argues that "many" of Trump's nominees "have serious deficits in more than one of those categories." She also tells me that Trump's own "track record would raise serious concerns about his trustworthiness, his reliability, about his fitness for having access to information."

As to Trump's plans to force the U.S. Senate into recess, so that he may avoid the Constitution's mandate for "advice and consent" on top-level appoints, she describes the scheme as "un-American, unconstitutional, and unprecedented."

Tune in for much more insight from Graves on all of this on today's program.

FINALLY TODAY... A few more items related to the U.S. House Ethics Committee's ongoing deliberations into whether to release their report on the alleged paid sex trafficking by Gaetz of at least two different 17-year old girls. And then Desi Doyen joins us for details on Trump's newly announced nomination of fracking company CEO and climate change denier Chris Wright as the next chief of the Dept. of Energy. She also has some thoughts on Trump's Interior Dept. nominee, North Dakota Gov. Doug Burgum, and on former Rep. Lee Zeldin who has been nominated to head the EPA, and how ALL of those men spell very bad news for our world's quickly-worsening climate crisis...

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Computer scientists, cybersecurity experts and voting systems experts are concerned following last week's election. One of them joins us to explain on today's BradCast. Also, some personal recollections today, for reasons you will learn if you haven't already, of rightwing conspiracy-monger Alex Jones. [Audio link to full show follows this summary.]

As our friends at the nonpartisan government watchdog Free Speech for People announced on Wednesday, "A group of computer security experts have written to Vice President Kamala Harris to alert her to the fact that voting systems were breached by Trump allies in 2021 and 2022 and to urge her to seek recounts in key states to ensure election verification." The well-respected experts are hoping she will use her standing as candidate for President to seek hand recounts of paper ballots, or at least smaller so-called Risk Limiting Audits, to assure the results reported from the November 5, 2024 election are accurate as per voter intent. The vast majority of results reported at this time, and prior to certification, are tabulated only by computers --- either correctly or incorrectly. It's impossible to know without a hand examination.

The scientists and security expert concerns, as they explain in their 5-page missive [PDF] to the Veep, spring from the fact that Donald Trump supporters, following the 2020 election, unlawfully breached proprietary voting systems in a number of states, then copied and distributed the software to an unknown number of people.

We have reported here in great detail on a number of those breaches over the past several years, including most intensively in Coffee County, Georgia. There, a number of Trump supporters unlawfully accessed the statewide voting systems beginning on January 7, 2021 --- the day after the attempted U.S. Capitol insurrection --- and, as one of the participants noted on a recorded phone call, "scanned all the equipment, imaged all the hard drives and scanned every single ballot." Several members of that effort, including Trump attorney Sidney Powell, were eventually charged with felony crimes as part of Fulton County's sweeping racketeering case filed against Trump and 18 co-conspirators.

As the security experts explain in their letter to Harris, "Possessing copies of the voting system software enables bad actors to install it on electronic devices and to create their own working replicas of the voting systems, probe them, and develop exploits. Skilled adversaries can decompile the software to get a version of the source code, study it for vulnerabilities, and could even develop malware designed to be installed with minimal physical access to the voting equipment by unskilled accomplices to manipulate the vote counts. Attacks could also be launched by compromising the vendors responsible for programming systems before elections, enabling large-scale distribution of malware."

Following the discovery of the Coffee County breach in Georgia, the state's voting system vendor, Dominion, issued security patches, which the U.S. Cybersecurity and Infrastructure Security Agency (CISA) strongly urged jurisdictions around the nation which use those same systems to apply immediately. GA's Sec. of State Brad Raffensperger, however, refused to do so before the 2024 election.

"In the light of the breaches we ask that you formally request hand recounts in at least the states of Michigan, Nevada, Wisconsin, and Pennsylvania," the security experts request in their letter, while clarifying for those who may try to confuse them with Trump's "Stop the Stealers" who falsely claimed fraud in the 2020 election: "We have no evidence that the outcomes of the elections in those states were actually compromised as a result of the security breaches, and we are not suggesting that they were. But binding risk-limiting audits (RLAs) or hand recounts should be routine for all elections, especially when the stakes are high and the results are close. We believe that, under the current circumstances when massive software breaches are known and documented, recounts are necessary and appropriate to remove all potential doubt and to set an example for security best practices in all elections."

They urge Harris to move quickly because, while post-election audits of varying quality are carried out in a number of key states, many will be conducted only after certification and after the window to seek recounts that could affect election results has closed.

We're joined today by one of the seven letter writers, Professor DUNCAN BUELL Ph.D., NCR Chair Emeritus in Computer Science and Engineering at the University of South Carolina. Buell has been studying and serving as an expert on computerized electronic voting and tabulation systems for decades now.

"It's crap software," Buell tells me bluntly about systems made by ES&S, the nation's largest vendor, whose software he has studied most closely. "We know that most of the ES&S system has been exported to the web and is available to any and all bad actors. We know for sure that the Dominion system has been exported and is available. And we know from studies of both systems that they fail to provide the kinds of security issues that would prevent bad things from happening," he says.

"Given what we know, that all of this horrible software has gone into the wild, the prudent election director will take absolutely every possible method to verify that the results are, in fact, correct." But, Buell explains, unless ballots are examined by hand, "we don't know that the results we are seeing are actually the results."

He describes the software in question --- as Georgia's Attorney General did prior to the revelation of the Coffee County breach --- as "the keys to the kingdom" and argues that it is "absolutely bananas" that the tabulation of ballots and programming of the software is not verified.

We cover much more in our conversation, including a number of large, if still-unexplained tabulation errors (that were luckily discovered during canvassing) in states like Pennsylvania and Michigan; questions about a reportedly, unusually large number of so-called "bullet ballots" featuring just one single vote in last week's election, but only in battleground states; and several ways to improve the systems in the future to allow more oversight of election results to the public.

ALSO TODAY....

• Rightwing conspiracy theorist Alex Jones' Infowars website, archives, equipment, studio and more have been obtained through auction by the beloved satirical website, The Onion. The purchase is part of a judge-ordered liquidation of Jones' assets following a hard-fought, nearly $1.5 billion judgement against him won by the families of victims of the 2012 Sandy Hook Elementary School massacre, which Jones spent years decrying as a "hoax". I take the opportunity today to share a few of my own personal recollections of my run-ins with Jones in years past.

• And finally, Desi Doyen joins us for our latest Green News Report, as New York and New Jersey grapple with record drought and autumn wildfires, as climate advocates from around the globe seek solutions at the latest U.N. Climate Summit in the wake of the election of climate change denier Donald Trump, and his vows to roll back progress from the last four years...

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It's going to get much darker and more ridiculous, before it begins to get better. But it is not "The End", despite a suggestion of same here and there throughout today's BradCast. [Audio link to full show follows this summary.]

Among our coverage today...

U.S. House race updates from California where, this week so far, one seat has flipped from "red" to "blue", another that had been expected to turn "red" will likely stay in Dems hands (the seat formerly held by Democratic Rep. Katie Porter), and another longtime "red" seat (since 1980!) appears on the verge of flipping to Democrats. Even so, as of airtime, Republicans are now just one seat away from narrowly winning majority control of the lower chamber of Congress.

Donald Trump lost his first political battle with his upcoming Republican U.S. Senate Majority on Wednesday morning, as South Dakota Sen. John Thune, a Mitch McConnell deputy, was selected by the Caucus as its new Majority Leader. MAGA enemy McConnell is set to retire and Florida Sen. Rick Scott, loudly lobbied for by MAGA, was defeated in the contest to replace him.

Another wave of stooges, corporatists and/or unqualified buffoons were named for key Trump Admin roles since yesterday's program. And the latest wave includes some real humdingers!...

• 'The Ultimate Corruption': Richest-man-in-the-world and major government contractor Elon Musk and failed GOP Presidential nominee Vivek Ramaswamy were named to head up the "Dept. of Government Efficiency" (DOGE! Get it?), even though, as AP notes there is no such government agency.
• 'Who the f--k is this guy?': Trump's nomination of Fox "News" weekend host and former National Guard major Pete Hegseth's nomination for Defense Secretary --- to oversee an $800 billion annual budget and nearly three million troops and civilian employees --- stuns the military world.
• A Gift for Vlad: With no experience at all in the field, jilted Democratic Congresswoman/Presidential nominee turned Republican Putin propagandist and Trump fan Tulsi Gabbard is named to be the next Director of National Intelligence.
• 'Uniquely Awful': Florida Congressman and MAGA insurrection supporter Matt Gaetz, long investigated for the alleged sex trafficking of minors, is named to be Trump's U.S. Attorney General.

Then, we're joined by longtime national security and accountability journalist MARCY WHEELER of Emptywheel, to walk through the post-election status of the four different criminal felony indictments (and 34 convictions) of the incoming President of the United States.

Donald Trump's cases at the federal level --- for stealing national security documents and inciting the January 6, 2021 attack on the U.S. Government as one of several failed attempts to steal the 2020 election --- will now, most likely, just go away. Though Special Counsel Jack Smith is reportedly putting together final reports in those cases for potential release in advance of Trump taking office.

"The cases are going to end, but I suspect Jack Smith was already thinking about what he would do if Trump won, and the way in which to leave the best record available," Wheeler tells me, suggesting that he may do it soon enough that there could be public hearings on those indictments in the U.S. Senate, while Dems are still in majority control.

The two cases at the state level --- in New York, where he was convicted on 34 felony counts of fraud related to hush-money payments to help him win the 2016 election, and in Georgia, for trying to steal the 2020 election --- are a bit more complicated. It's less clear what will happen next in both cases, as sentencing is currently pending in NY and appeals are continue in GA where Trump's 18 co-conspirators, including his disgraced lawyer Rudy Giuliani and former Chief of Staff Mark Meadows, may be tried without him.

We also discuss what happens to Trump's civil verdicts where he was found liable for $355 million for fraud in New York, and for $90 million in the E. Jean Carroll sexual assault case.

Wheeler also discusses the pending fraud charges against Trump buddy Steve Bannon; the outrageous nomination of Matt Gaetz as Attorney General ("All of these Jan 6ers are going to be released, probably including the seditionists."); whether A.G. Merrick Garland could have done anything to bring any case against Trump to a trial, much less a conclusion, before this year's election; and how "the Republican Party, as a whole, has decided that they do not believe in rule of law anymore"...

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What should be done --- what can be done --- to shore up advances made in recent years in the fight against climate change before "a climate denier Fascist-in-Chief" takes office? And what can be done to slow down his promised destruction thereafter? Those are just some of the questions discussed on today's BradCast. [Audio link to full show follows this summary.]

FIRST... A few updates on some key races still being tabulated and/or called, unofficially, by media...

• Democratic Rep. Ruben Gallego has been called as the winner over Republican election denier Kari Lake for the U.S. Senate seat in Arizona.
• Republican hedge fund CEO Dave McCormick's lead over incumbent three-term Democratic U.S. Senator Bob Casey has narrowed to about 30,000 votes out of seven million cast in Pennsylvania. Crucially, that gap is currently less than one half of one percent, meaning it would trigger an automatic recount in the Keystone State if it holds.
• As of now, if the current numbers become official in all "called" races, Republicans will hold at least 52 seats in the U.S. Senate majority next year, and Democrats will hold at least 47.
• Majority control of the U.S. House is still up for grabs, with 16 uncalled races (depending on who you're asking) , though Republicans need just four more seats to win what, as of now, appears likely to be a very narrow majority in the lower chamber of Congress next year. A smaller one than even the thin majority they've been embarrassingly wrestling with over the past two years.

THEN... Donald Trump's nominations to key Executive Branch posts are coming very quickly now. Among them, as of airtime today...

• Florida Rep. Mike Waltz, a former Green Beret and China hawk for National Security Adviser.
• Florida Sen. Marco Rubio, "Li'l Marco" as Trump derisively used to call him, as Sec. of State. He has already reportedly said he would not call for a ceasefire in Gaza.
• Puppy killer and South Dakota Governor Kristi Noem as Chief of the Dept. of Homeland Security.
• John Ratcliffe, Trump's former Dir. of National Intelligence is tapped to head the CIA.
• Trump's first-term acting Director of ICE and family separation supporter, Tom Homan tapped for "Border Czar", after telling 60 Minutes last month that he intends to lead the mass deportation of millions of immigrants and that it can be done without separate families: "Families can be deported together," he said.
• Former New York Rep. Lee Zeldin, who voted against a raft of environmental protection laws in Congress, is named to head the Environmental Protection Agency (EPA).

NEXT... All of that as Trump's transition team at EPA, led by a former oil lobbyist and a former coal lobbyist, prep to reverse every single piece of Joe Biden's climate agenda as possible, including, as the New York Times reports (gift link), "withdrawing the United States from the Paris climate agreement, eliminating every office in every agency working to end the pollution that disproportionately affects poor communities and shrinking the size of national monuments in the West to allow more drilling and mining on public lands."

This comes on the same week that climate advocates from around the globe are gathering in Baku, Azerbaijan for the 29th annual U.N. Climate Summit (COP29) and vowing to continue the global trajectory toward clean, inexpensive, renewable energy to replace the fossil fuels that are heating the globe toward ever-quickening disaster. They claim "they're ready for Trump 2.0" after facing a similar challenge in 2016. But that may be easier said than done.

We're joined today by JEAN SU, Senior Attorney at the Center for Biological Diversity and Director of their Energy Justice Program to discuss the Biden Administration's legacy, including success and failures; what his Administration can now do before leaving office to shore up its successes; and what groups like hers can do to stop, or at least slow down, the destructive attacks on the environment promised by a second Trump Administration.

"What we'll be seeing happening with the Trump Administration is that it is a total, unfettered giveaway to oil and gas. He does not care about clean energy. He does not care about the communities, at all, in any of the places that fossil fuels are being produced or shipped," says Su, whose organization vows "unprecedented resistance".

"I'll be really honest. It is just, truthfully, a dark moment at this time, in terms of our federal work. We are basically facing a trifecta of monopolization of all three branches of government under a climate-denying fascist," she tells me. "We have our Executive Branch taken over by a climate denier Fascist-in-Chief, Donald Trump. He has vowed to 'drill baby drill' with no relief for any clean energy or any care for climate. And he will strip the Environmental Protection Agency [and] the Civil Rights Division of the Dept. of Justice, an entire administrative apparatus entirely smothered, stripped bare, and not functional in any way in terms of actually protecting our environment and our health and safety."

But, she also explains, there are a number of actions that the Biden Administration can still take before leaving office; actions that legal organizations like hers can take after Trump comes in; and actions that the states must take as soon as possible to, at least, mitigate the worst of the damage as long as possible.

"The bright spot in all of this, the place where we are going to see any movement on climate is at the state level," Su argues. "What we've been hearing from different people on the ground is that the initiatives that are happening at the state level are things that people can feel. They are able to see how some climate initiatives will generate the jobs that they need in their own backyards. That gives us a bright spot of actual work to be done." She also cites local efforts to reform electricity regulators, elected Public Utility Commissions and monopoly utility companies. "Those monopoly utilities are stifling rooftop and community solar, and digging in on more fossil fuels. That's an area that is ripe for intervention and organizing. Those are the bright spots that we're going to see the most movement in climate."

Much more in lively my conversation with Su today!

FINALLY... As the U.N. announces 2024 will be the hottest year on record on Planet Earth (surpassing 2023's previous record), Desi Doyen joins us for our latest Green News Report, focusing on some of those "bright spots" on the ballot last week, where progressive climate-related ballot initiatives --- in "blue" and "red" states alike --- were received very well by voters, even as many of those same voters voted for candidates who oppose them...

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Today was our first chance to open the phone lines to listeners on The BradCast, in the grim wake of last week's disastrous elections for the nation, the planet and democracy itself. It was, to say the least, a very lively show today, FWIW. [Audio link to full show follows this summary.]

Before getting to callers today, a few items of note...

• First, an update on outstanding Senate races still to be determined. Though AP called Pennsylvania's U.S. Senate race for Republican hedge-fund CEO David McCormick last week against three-term incumbent Democratic Sen. Bill Casey, other outlets have not yet called it. McCormick is currently said to be leading Casey by about 40,000 votes out of nearly seven million cast, or just over one half of one percentage point. If the gap falls to less than half a point, with provisional and overseas ballots still being tallied, a recount will likely happen under state law. For the record, about 175,000 votes were reportedly cast in that race for third-party Senate candidates, including about 65,000 for the Green Party candidate.

• Over the weekend, media outlets called the U.S. Senate race in Nevada for the incumbent Democratic Sen. Jacky Rosen, who appears to have defeated Republican challenger Sam Brown by about a point and a half.

• The last uncalled U.S. Senate race is in Arizona, where Democratic Rep. Ruben Gallego leads Trump-endorsed election denier Kari Lake by a little more than two points. Republicans have flipped at least three Dem seats overall this year in the Senate, so far, and will have a majority of at least two seats in the upper chamber over the next two years to allow all of Donald Trump's appointments --- to his cabinet, other executive agencies and, of course, lifetime appointments to the federal judiciary --- to sail through for his second term in office. Many more details (and concerns) about the tabulation of those races on today's show

• As many have been writing in to ask about voting system concerns and various reported anomalies since last Tuesday, I take a few minutes today to discuss just some of the incidents currently of most note that I have been looking into and speaking with computer scientists, election integrity advocates, and folks on the ground about over the past week.

  For the moment, I don't see many signs of anything that could possibly change the results of the race, at least for President. Though I am looking at several incidents in several different swing states that deserve both explanation and a broader look to see if similar anomalies, still unreported, may have occurred elsewhere. For example, I have been eyeing whatever happened in both Centre County, Pennsylvania and Battle Creek (Calhoun County), Michigan, where some absentee ballots inexplicably, for now, failed to upload properly to the central Election Management System (EMS) server after being scanned by tabulators without incident.

  Yes, I am also looking at a host of other reported incidents and concerns, including the use of Elon Musk's Starlink system for Internet connectivity in some jurisdictions. Though, in theory, that would only effect Electronic Pollbooks at voting precincts, rather than ballots themselves. As noted on today's program, rest assured that I and others are still watching and digging where we can. And, my usual reminder here that sometimes it takes a while for tabulation errors to come to light after an election. Your problem reports that you believe I may not have seen are welcome in comments below, as always.

• Lastly, before we get to a lot of listener phone calls today, from all sorts of political perspectives, a few thoughts of my own about the unspeakable failure by our nation's media --- mainstream corporate media, social media, independent media --- to adequately inform voters about actual facts regarding this election. Facts including why it is that Donald Trump now poses an exponentially more acute threat to the nation and the world than he did during his first term. (I discuss several such reasons, including that his corrupted U.S. Supreme Court majority has, since his previous term, issued a ruling that Presidents may commit any crime they like while in office, and can never be held to account for it.) And how, if voters claimed they were voting for Trump in response to the economy and inflation under the Biden-Harris Administration, they were obviously wildly uninformed, misinformed and, too often, purposely disinformed about the facts on which they claimed to have voted, given the success of the Admin's record on the economy, versus the inflation and debt that is promised by very few economic policies that Trump promised during the campaign. Yeah, I've got a word or two to get out on all of that today. (And will, almost certainly, have many more in the future.)

• Finally, a bunch of callers ring in to let it all out on whoever and whatever they'd like to blame for what happened, or to discuss why they still seem pleased with their votes for third-parties (one caller supported RFK, Jr., who wasn't evening running!), or to simply call in, in the case of at least one Trump supporter, to gloat. Today was the day to let it all out with, likely, many such days to come --- along with the suffering and misery that awaits all of us now. Yes, even the Trump and RFK supporters, sadly, who seem to have no clue how bad this is all going to get...thanks to our failed media...

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We do our best to avoid being Pollyanna-ish on The BradCast. But not everything that happened on Tuesday (or since) has been terrible. Just a lot of it. But, in fact, some of it was quite good and worth taking notice! [Audio link to full show follows below this summary.]

Among our many stories today...both good, bad and otherwise...

• A quickly moving wildfire exploded northwest of Los Angeles on Wednesday, fueled by dry brush and wind gusts up to 80mph. As of Thursday afternoon it had scorched some 14,000 acres, burned through several homes, mansions, ranches and agricultural areas and threatens another 3,500 other structures in the suburban community. 10,000 residents have been evacuated. The so-called "Mountain Fire" was 0% contained at air time. "It's like trying to put out a blowtorch with a squirt gun," said a Ventura County Fire Dept. official in a climate changed wildfire season that has, so far, burned three times as much land as last year at this time.

• Speaking of California and climate, Democratic Gov. Gavin Newsom on Thursday called an emergency special state legislative session beginning next month "to protect our state against any unlawful actions by the incoming Trump Administration." He declared on Twitter that "California is ready to fight. Whether it be our fundamental civil rights, reproductive freedom, or climate action --- we refuse to turn back the clock and allow our values and laws to be attacked."

• AP announced late this afternoon that carpet-bagging hedge-fund billionaire and Pennsylvania's Republican U.S. Senate candidate Dave McCormick had defeated three-term Democratic Sen. Bob Casey on Tuesday, adding yet another pick up for Republicans in next year's U.S. Senate, where they are already set to take back majority control. (After we got off air, however, Democratic election attorney Marc Elias countered, "The Pennsylvania Senate race is not over," citing a statement from PA's Republican Sec. of the Commonwealth estimating another 100,000 ballots remain to be adjudicated in the race where McCormick currently leads by a reported 32,000 votes over Casey.)

• This morning, President Joe Biden took to the Rose Garden to offer his first public remarks since Election Day, following Kamala Harris' apparent loss to the lawless former President, noting, "You can't love your country only when you win,". By way of contrast to Trump, Biden vowed a peaceful transfer of power, lauded Harris' run, discussed the importance of democracy (even when ya lose) and offered encouragement to staffers and supporters by telling them that "setbacks are unavoidable, giving up is unforgivable." We share his brief remarks today in full.

• Protecting and/or expanding reproductive freedoms was on the ballot in 10 different states on Tuesday. Abortion rights won in seven of them, including Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York. In fact, otherwise "deep red" MO became the first state in the union, since Roe v. Wade was overturned in 2022, to reverse a near-total abortion ban and enshrine reproductive rights into the state's constitution!

  Similar initiatives failed, however, in three states: Florida, Nebraska and South Dakota and for various reasons in each, which we discuss today. Most notably, in FL, the measure to restore freedoms and repeal the state's Big Government six-week ban was supported by a healthy 57% to 43% majority of voters. But the state mandates a 60% supermajority for adoption of Constitutional ballot amendments and, at the same time, Republican Gov. Ron DeSantis applied state muscle and seemingly unlawful measures to prevent passage.

  Politico's longtime Capitol Hill heath care reporter ALICE MIRANDA OLLSTEIN joins us today to break down what happened in each state, and where the never-ending battle for and against reproductive freedoms goes from here.

• In other good ballot measure news, voters in Washington state overwhelmingly rejected an attempt to repeal the state's landmark climate law, adopted two years ago under outgoing Democratic Gov. Jay Inslee. The new law slashes dangerous carbon emissions by charging fossil fuel polluters for their pollution. The law has already brought in some $4 billion for habitat restoration and hardening the state against the worsening ravages of climate change. Voters reportedly voted by a 24-point margin to keep the law in place!

• Finally, Desi Doyen is here with our first post-election Green News Report, with details on the troubling worldwide implications for climate under the incoming Trump Administration, as environmental groups vow to press forward. Also, details on both the wildfires in Los Angeles and the rare, late-season Hurricane Rafael which has knocked out power to Cuba (again) and is making its way into record warm Gulf of Mexico waters...

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The headline, and stunning heartbreak over the past 24 hours, likely explain today's BradCast well enough. [Audio link to full show follows below.]

But, as Kamala Harris said today in her brief concession speech at Howard University (shared in full on today's program) after setting an example by vowing to "engage in a peaceful transfer of power" with Donald Trump...

We are joined today (much sooner than anticipated for some odd reason, after speaking with them just last week), by our old friends and fellow old-school bloggers, HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog and 'DRIFTGLASS', who writes at his eponymously-named blog and co-hosts the weekly Professional Left Podcast from his home in "Flyover Country, Illinois."

Among the questions asked and discussed...

• What did we all miss last week during our final conversation before Election Day, when we were clear-eyed, but bullish on Harris' odds this week?
• What, if anything, could the remarkably well-run Harris Campaign have done better? And what does this actually reveal about Hillary Clinton's 2016 loss to Trump?
• Are a huge number of Americans, millions of whom voted directly against their own self-interests, cruel and stupid or just wildly disinformed by our failed and/or corrupted media?
• Why would so many Latinos vote for the guy who promises "mass deportations"?
• Will Democrats ever figure out how to counter the "perpetual 50 state campaign" that is run by Republicans over their enormous and extremely well-funded media outlets (who have also poisoned the well of otherwise legit corporate media outlets?)
• How soon and/or how badly will Trump and his Republican over-reach after taking power?
• Got any helpful advice for how best to handle all of this and move forward in the days ahead? (Turns out, they do.)

As usual, both of them have much wisdom for us...even on a dark, dark day like today for the nation and the world...

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I'm writing today's BradCast summary much quicker than usual, as polls are now beginning to close with unofficial results coming in momentarily. But we've got a lot packed into today's show no matter when you tune in, that may help you make sense of what will happen tonight and over the next several days (and weeks and even months!). [Audio link to full show follows below.]

Among our coverage today....

• Not much help on who's gonna win from the voters of first-in-the-nation Dixville Notch, New Hampshire, the first town in the nation to both open and close their Election Day polls just after midnight last night. Their six total voters tied 3 to 3 between Kamala Harris and Donald Trump. But four of those voters are registered Republicans and two are independent. So it might actually tell us more than originally appears.

• Polling guru Nate Silver's final forecast model for the 2024 Presidential election, which ran 80,000 simulations just after midnight, based on the latest pre-election polling and other noteworthy data, finds that Kamala Harris won precisely 40,012 of them. Or 50.015% of the time! Not much help there either. We may have to wait for actual, ya know, votes to be actually, ya know, counted before we can find out if all the polls telling us that everything is "tied" are actually right. (I wouldn't bet on it.)

• There were a number of problems for voters around the country today, though not widespread, so far, and, thankfully, not violent (so far) as some had feared. There were bomb threats in Georgia, said to have come from Russian sources. But most of the issues that have come to light so far were with voting systems, of the type we've seen many times in the past. Hand-marked paper ballots that failed to scan in a very Republican-leaning county in the battleground state of Pennsylvania, where polls were ordered to stay open an extra two hours to accommodate. Print-on-demand ballot printers that failed in a very Democratic-leaning county in battleground Arizona, leading to long lines for Native American voters. Similar isolated problems in a Democratic-leaning Louisville in Kentucky, as well as in parts of Alabama and Iowa. Thankfully, in most cases reported so far, voters were able to continue voting on hand-marked paper ballots, even if they will be tallied later --- and, in some cases, by hand --- as opposed to by computer tabulators at the polls. In some cases, lines grew longer as the problems were worked out, and judges ordered polls to stay open a bit longer tonight in the bargain. While rain drenched parts of several states, reports today suggest that voters were happy to tough it out with raincoats and umbrellas in long lines in order to cast their votes in the most critical Presidential election in U.S. history.

• We run down what is now expected to lie ahead over the next few hours, days, weeks and even months, particularly in the event that Kamala Harris is declared the winner by the media either tonight or over the next few days, and how Donald Trump will likely declare victory tonight no matter what.

• Relatedly, longtime election data researcher and author Richard Hayes Phillips helps us break down the battleground states likely to offer a "red mirage" in their reported results beginning this evening. That is where initially reported results misleadingly suggest a Republican win before more Democratic-leaning results come in because of various factors, including absentee ballots taking longer to tally in states where officials are not allowed to begin processing them until Election Day. He advises to be on the lookout for that "red mirage" effect tonight --- and to not panic when it inevitably does! --- particularly in the critical battleground states of Arizona, Nevada, Pennsylvania and Wisconsin. Many more details on that in today's show.

• And, while we wait...a couple of somewhat related moments out of television's "Golden Years", including a 1958 western featuring a conman actually named Trump (seriously!) who is trying to terrify a town into paying him for a wall(!) to protect them from what he warns will otherwise be complete and total destruction. (Yes, seriously!) We played this clip originally back in 2019, but hauled it out again today in hopes that it might be the last chance for it to be relevant ever again. (Wishful thinking?)

• And, some thoughts from TV's 98-year old legendary icon Dick Van Dyke who, yesterday, endorsed Kamala Harris and, along with it, included a video in which he reads a speech he initially delivered at an event with Martin Luther King, Jr., as written by Twilight Zone creator Rod Serling, in Los Angeles in the Spring of 1964, just before passage of the Civil Rights Act. "Hatred is not the norm," Van Dyke reads from the 60-year old speech this week, during a moment in history that, he says, makes the speech "mean as much today, if not more, than it did then."

• Finally, Desi Doyen joins us for our Election Day Green News Report, as wet weather complicates voting after October was one of the driest on record in almost every state; as a new tropical storm threatens the Gulf Coast; along with a boatload of actually very positive climate news for the U.S. as President Biden begins to wind down his term in office amid landmark climate achievements...

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