It's a bit of a roller-coaster ride on today's BradCast. We begin with some good election and Trump Administration accountability news. But while Trump's latest clownishly absurd attempted corruption may not ultimately work out for him, it serves as a reminder of the rough road ahead for justice and the Justice Department itself in these United States. [Audio link to full show follows this summary.]

FIRST UP... Some good news...

• On Tuesday, Omaha, Nebraska's Republican Mayor Jean Stothert was defeated in her run for a fourth term by Democratic challenger John Ewing Jr. He will become the first Black mayor of the otherwise "red" state's largest city. Stothert's attempt to leverage anti-trans hate against her opponent appears to have failed to win over voters.

• That news comes on the heels of last week's School Board elections in Texas (which we are finally catching up with today!), where book-banning, trans-hating right-wingers were voted off of School Board majorities in at least four of the largest districts in the state.

• In one of two good news updates to stories we recently covered on the show, a federal judge on Tuesday ordered some 200 federal workers fired by the Trump Administration from the National Institute for Occupational Safety and Health (NIOSH) back to work. The workers ran the Coal Worker's Heath Surveillance Program which offers health screenings to miners who may have developed incurable Black Lung disease, and helps them find safer jobs and covers health costs if they have. The judge in the case, filed by two West Virginia miners afflicted with the disease, found the Trump Administration (remember when he used to pretend to love coal miners?) had no authority to unilaterally shut down the screening program mandated by the Federal Coal Mine Health and Safety Act of 1969. NIOSH workers were reportedly back on the job today after the U.S. District Judge issued her order yesterday.

• And, in another happy follow-up story, facing a lawsuit from farmers and First Amendment advocates, the U.S. Dept. of Agriculture (USDA) agreed to restore years of critical climate change date --- relied on by farmers and many others --- to its website, after disappearing it shortly after Trump took office.

THEN... I don't know if we should consider it "good news" or not, but it certainly looks like Trump's plan to accept a tricked-out $400 million "flying palace" jumbo jet as a "gift" from the Royal Family of Qatar, for use as Air Force One while in office and for his own personal use thereafter, ain't gonna work out for him.

Despite his loyalist Attorney General Pam Bondi --- formerly, a $115,000/month lobbyist for Qatar --- pronouncing that the "gift" would be neither a bribe nor a violation of the Constitution's Foreign Emoluments Clause, banning gifts "of any kind whatever, from any King, Prince, or foreign State" to public officials, it appears she's only half right about that.

We're joined today by our old friend RANDALL D. ELIASON, former chief of the Fraud and Public Corruption section at the DoJ's U.S. Attorney's Office in D.C. He is now a professor of white-collar criminal law at George Washington University and writes at his own SidebarsBlog, where he wrote about much of this today.

He explains that, thanks to recent rulings by the U.S. Supreme Court, public officials may, in fact, now accept "gifts" of any size or amount from anybody, without violating current bribery statutes, so long as the official does not offer anything in return. Yes, it's as ridiculous as it sounds. Eliason describes it as "absurd...but that's the Supreme Court's concept of corruption" now.

"The Supreme Court, over the last couple of decades, has narrowed public corruption laws so much that there's a strict requirement now of a link to a particular official act that you can identify and say this gift was because Trump agreed to do this in exchange," he tells me. "They could give him $400 million cash in his own bank account, and that's not a bribe anymore, unless they can link it to something he agreed to do in exchange."

"The fact is, the way the Supreme Court has interpreted bribery, it should be a bribe, but it's not, unless there was some agreement we don't know about by Trump to do something in particular in exchange. If it's just to cozy up to him, curry favor with him in general, because they are hoping for future things to happen, that's not a bribe."

"There's no question this is corrupt," he makes clear, "as most of us understand the term," but not a bribe. "Congress could have stepped in to amend those laws, but they haven't done that, for some surprising reason."

Trump's violation of the Constitution's Foreign Emoluments Clause, on the other hand, with acceptance of a "flying palace", would be a different matter, Eliason agrees. Though the question becomes: who exactly has the legal standing to challenge that violation in a court of law?

"I think the bigger picture is that we can't rely on lawsuits to solve this problem," he argues. "It's going to take too long and get bogged down again. If there's going to be a response, it needs to be a political one. It needs to be enough people standing up and objecting and putting pressure on him that he cancels the deal. And ultimately the voters have to respond."

Much more on all of that today along with Eliason's reflections on what has happened to his beloved DoJ and the U.S. Attorney's Office in D.C. where used to work, soon to be led, most likely, by Fox News' whacked out "Judge" Jeanine Pirro --- and whether all of it can be put back together again when this madness ends...presuming it does.

"What's happening at Justice is terrible, and it's heartbreaking," he laments. "It violates everything that DOJ has stood for, for decades. They are pushing people out for doing nothing more than doing their jobs. Or those people are leaving, because they can't honorably stay there and do what they are being asked to do."

What would he have done had he still been at the DOJ under Trump? And will the institution be salvageable after this? Tune for his thoughts and insight on all that and much more...

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Today on The BradCast: His various attempts to undermine the Constitution and American civil rights law continue to be blocked by judges in the courts. But that isn't stopping the President and his lackeys from gutting civil rights protections and environmental justice enforcement at key federal agencies...for the moment. Nor is it stopping our guest today, a 30-year EPA veteran, from continuing the good fight at her agency. [Audio link to full show follows this summary.]

FIRST UP... Donald Trump proved to be a loser again on Thursday in three different federal courtrooms, in three different civil rights-related law suits, as determined by three different federal district judges (one of whom was appointed by him.) Two of the judges, one in New Hampshire, the other in Maryland, blocked his Dept. of Education's attempt to cut funding to K-12 schools with anti-discrimination or DEI (diversity, equity and inclusion) programs.

The third civil rights-related court loss for Trump today was in D.C., where a federal judge blocked his attempt to mandate proof of citizenship when registering to vote, as per his recent attempted power grab via an Executive Order meant to undermine democracy, U.S. elections and the right to vote.

In the meantime, Harmeet Dhillon --- a rightwing culture warrior clown and former Trump 2020 "Stop the Steal" attorney --- has been appointed to oversee the Dept. of Justice's Civil Rights Division, where she has reportedly unleashed a "bloodbath" among senior officials at the office which oversees, among other things, voting rights. Current and former employees at the division charge that Dhillon is turning civil rights law upside down, by using it, as one former department employee familiar with the new changes said, to "victimize the very people it was created to protect."

THEN... In related-ish news, we reported earlier this week that Trump's new EPA Administrator, Lee Zeldin, sent letters to some 450 staffers at the Agency's Environmental Justice and External Civil Rights office, notifying them that they are being fired or reassigned as the office is being shut down. The firing letters to longtime staffers --- including scientists, researches and attorneys --- were sent on Monday night, Earth Day eve.

The EPA's Environmental Justice office, created during the Administration of Republican President George H.W. Bush, is tasked with protecting minority communities who are often most vulnerable to toxic emissions from chemical plants and oil refineries. Down in Louisiana's "Cancer Alley", for instance, there are about 150 plants and refineries concentrated along a stretch of land between New Orleans and Baton Rouge. The population in the area is mostly Black, and multiple studies have found that nearly every census tract in the area ranks in the top 5% nationally for cancer risk.

Since taking office, however, Team Trump have pledged to "end the use of 'environmental justice' as a tool for advancing ideological priorities" and have been unwinding the unit's work under previous Presidents. For example, under Joe Biden's Administration, the EPA sued the owner of a Cancer Alley chemical plant where cancer cases were found to be 44% higher for those who lived within one mile of the plant than the national rate. The Biden Administration sued the company to clean up their act. The Trump EPA recently withdrew the lawsuit.

Amidst those horrors, we're delighted to be joined today by JOYCE HOWELL, 30-year veteran EPA senior attorney and Executive Vice President of the American Federation of Government Employees (AFGE)'s Council 238, representing some 8,400 EPA workers nationwide.

"'Environmental justice' is just another extension of the fundamental American right to equal protection under the law," she tells me when I ask her to explain what the phrase actually means. "To ensure that, no matter where you live, the laws that protect human health and the environment will apply to you. Environmental justice gives people the avenue for their voices to be heard when determinations are made about where to put a factory that spews so much pollution, relative to where they live. Or, if they are already living there, and there's someplace nearby that impacts them, that they would be able to, as members of the public, have their voice heard with regard to the permitting of that plant, to the number of inspections that take place [and] the oversight of programs that are delegated from EPA to the state."

Howell finds it "disconcerting" that EPA Administrator Zeldin has shut down the Environmental Justice office, removing its history from the Agency's website, dismissing the work of the office as ineffective and "an excuse to fund left-wing activist groups". That, as Zeldin vows to slash the EPA budget by 65%.

She tells me that while work is continuing at the EPA nonetheless, its "enforcement program has slowed down tremendously." More than even "under Trump 1," when she also served. Explaining how she, and her colleagues at the Agency, survived his first term, Howell says, "We do what we always do: we put our heads down and we did our work. That's what carried us through."

Her union, AFGE, may have plans to challenge the recent layoffs and reassignments in court, though she did not yet want to give away their thinking on that. But, when I asked why she was willing to speak on the record on these matters, --- while many of her current and former EPA colleagues have been speaking to the media under condition of anonymity due to concerns of retaliation --- Howell notes that, since she speaks on behalf of the union, she may have some protections under federal labor law that others may not, protecting her "speech on behalf of workers."

But, she adds, she recently "attended an organizing meeting and someone said, 'Cowardice is contagious. So is courage.' And I thought to myself, yeah, that's true. For me, it's important. I haven't been at EPA for all these years just to get a salary. I am there because I believe in the mission. I will tell you every single person there feels strongly the same way. We don't do it on behalf of ourselves. We do it on behalf of the American people."

I hope you'll turn in for a very interesting conversation today.

FINALLY... Desi Doyen helps us close today's show with our latest Green News Report, at the end of a very green --- and sometimes all too toxic --- Earth Day week!...

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IN TODAY'S RADIO REPORT: Largest coral bleaching event on record, impacting 84% of world's reefs; Trump says he loves coal miners even while cutting programs that help keep miners alive; PLUS: Trump White House guts funding for federal climate and weather research... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Nearly half of Americans breathing unsafe levels of air pollutants; Interior Department to fast-track oil, gas and mining projects; GOP support of carbon capture fractures in Louisiana, nationally; How "beautiful clean coal" is raising costs, and killing us; Oregon House passes bill making large data centers pay for power grid costs; From China to EU, world leaders meet on climate without US officials... PLUS: The economic case for preserving America's wetlands... and much, MUCH more! ...

Will they fight for the actual health and lives of their constituents? Or go along with (literally) deadly DOGE cuts? Will they throw away tens or hundreds of thousands of new jobs in the clean, renewable energy industry in their own home districts? Or screw over their own voters and local economies in favor of Trump's tax cuts for billionaires and huge corporations? All of those questions, a few answers, and much more --- even several bright spots --- on today's Earth Day 2025 BradCast. [Audio link to full story follows this summary.]

Among our coverage...

• West Virginia coal miners are suing Bobby Kennedy Jr., Secretary of the Dept. of Health and Human Services (HHS), for recent layoffs at the National Institute for Occupational Safety & Health (NIOSH) and the shut down of critical medical screening and job replacement services for miners. The lead plaintiff in the suit is suffering from lung disease, amid a growing epidemic of black lung in Coal Country. But with some 875 of NIOSH's 1,000 employees terminated earlier this month, they are no longer available to help move miners like him to non-dusty jobs, as required by the Mine Safety and Health Act of 1977. In addition to free screenings for lung disease and the right to job transfers, the federal law also blocks Administrations from weakening existing protections. The Trump Administration, however, doesn't seem to much care about the rule of law.

• In response to the NIOSH layoffs and shutdown of these critical programs for miners, WV's Republican U.S. Senator Shelley Moore Capito --- who voted to confirm Kennedy just weeks ago --- is now begging him to restore those jobs at NIOSH, many of which were in her state, and the critical medical services for miners in Central Appalachia. All of that, as Trump recently welcomed coal miners to the White House to serve as props for his announcement of new Executive Orders meant to try and force the revival of the dying coal industry ("beautiful, clean coal," as he insists on falsely describing it) and to otherwise try and knee-cap cleaner, safer, more profitable renewable energy initiatives in the bargain.

• Also part of the new Administration's celebration of Earth Day this year, Trump's Environmental Protection Agency sent letters to hundreds of EPA employees in the Office of Environmental Justice and External Civil Rights today to inform them their services are no longer needed, as environmental justice --- protecting low-income Americans and minorities most at risk from air and water pollution --- no longer aligns "with the agency’s current and future needs."

• Back in Congress, Republican lawmakers in the U.S. House are facing a serious dilemma. The House Ways and Means Committee is currently tasked with cutting some $1.5 trillion in federal services to Americans in order to help pay for Trump's $4.5 trillion tax cuts to mostly benefit huge corporations and the wealthy. But many Republican members of the Committee have seen huge, renewable energy-related job growth in their home districts, thanks entirely to tax credits made available via the Inflation Reduction Act passed without a single Republican vote in 2022 and signed into law by President Biden. The majority of the tax credits to companies to spur new manufacturing jobs in the renewable energy business are, by design of the previous Democratic Administration, in "red" states and counties. But Trump has ordered Congressional Republicans to kill all clean energy funding enacted by Biden. This is a real, if under-reported conundrum for Republicans and, potentially, a very good opportunity for Democrats in response.

• But Earth Day turned out to be another very bad for chief DOGE Bro and Tesla CEO Elon Musk. Just after the close of the markets today, Tesla issued its latest quarterly report. It was brutal for the company, which announced that profits fell an extraordinary 71% as compared to the first quarter of 2024. That, thanks to several reasons, though none of them as obvious as the worldwide public disgust in response to Musk's obnoxious turn late last year to the hard, Trump, MAGA right.

• As Desi Doyen is here to remind us, however, there are still some reasons to be hopeful on this year's Earth Day. At least everywhere else in the world, where new technologies and clean-energy breakthroughs are actually being supported and making remarkable progress; where nature itself is offering exciting new opportunities to fight climate change; where threatened species are making surprising come backs in several places thanks to scientists, conservationists and local communities; where cities and states around the world are making major advances in reducing pollution, and; where countries --- other than the U.S., at least --- are banding together to help vulnerable nations adapt and survive our climate crisis.

• On the other hand, Desi is also here with our latest Green News Report --- where every day is Earth Day --- to catch us up with a few stories we missed while off on Spring Break last week. Most of those stories, focused largely on the U.S., are not nearly as bright, however, especially as the world lost one of its great climate champions this week...

Happy Earth Day. Somehow.

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IN TODAY'S RADIO REPORT: While we were out...The Trump Administration halted construction of major offshore wind farm; Trump EPA exempted U.S. coal plants from new mercury pollution rules; PLUS: Pope Francis, champion of climate action and environmental justice, has left the building... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Exxon presses Supreme Court to rescind your rights; Restarting coal plants after Trump's executive orders makes no economic sense, report says; Trump opens a huge marine protected zone to industrial fishing; Trump touts 'clean coal' but cuts programs that protect miners; Appeals court halts federal judge's order mandating EPA disburse billions to climate groups... PLUS: Texas oilfield company and executive plead guilty in hydrogen sulfide deaths... and much, MUCH more! ...

Donald Trump's chaos coaster continues on today's BradCast. Our top on today's ride: Social Security. [Audio link to full show follows this summary.]

FIRST UP... As we warned yesterday amid "irrational exuberance" as the stock market briefly skyrocketed following Donald Trump's social media announcement that he was pausing his unilateral worldwide tariffs for 90 days, investors began to notice that it wasn't quite as good as it looked. Trump's remaining 10% tariffs on almost every nation (other than Russia) and boost of duties against imports from China to 145%, helped lead the U.S. markets to tank again today, if not quite as much as they rose yesterday.

But some brighter news for those who believe in both truth and election integrity today. Rightwing propaganda outlet Newsmax, which quietly settled a defamation suit last year brought against them by voting system company Smartmatic, was found this week by a judge in Delaware to have defamed Dominion Voting Systems following the 2020 Presidential election. A jury will now determine if the Trump-allied outlet intentionally smeared Dominion with "actual malice" when they claimed the company rigged voting machines in favor of Joe Biden, despite the lack of any such evidence. The trial is set to begin at the end of this month...unless Newsmax decides to settle that one too.

But, speaking of actual voter fraud, it looks like Trump's Director of National Intelligence, Tulsi Gabbard, committed it last year in Hawaii when she voted there in the 2024 election after previously declaring herself to be a resident of Texas. Oops.

THEN... Elon Musk's DOGE Bros are unleashing absolute havoc at the Social Security Agency. Their latest chaos involved a plan to end phone services for people filing for retirement or survivor benefits as of this coming Monday. But with cries of outrage, impossibly long lines at field offices, wait times on the phone, and website crashes for new applicants and longtime beneficiaries in recent days, the Agency has now backed off that terrible plan as well. For now.

We're joined today for insight and warnings about Trump, Musk, DOGE and much more by longtime Social Security expert DR. ERIC KINGSON, emeritus Professor of Social Work at Syracuse University, co-founder of the nonprofit Social Security Works, and policy advisor to two different Presidential commissions on Social Security Reform under both Ronald Reagan and Bill Clinton.

What DOGE is doing at SSA "has nothing to do with efficiency or correcting errors," he tells me. "There's an extremely small error rate in Social Security. As for efficiency, we spend less than one percent administering the program. It's a well-administered program --- until now."

He worries that for "the first time since the creation of the program, there is a major, major risk of dramatic changes that will hurt the American public, especially middle-aged workers and young workers today."

"It's purposeful," Kingson argues, regarding the chaos unleashed at the agency by Musk's DOGE Bros in recent weeks. "You don't do the things that DOGE is doing because you want to fix something. You want to destroy it. And you want to destroy it with cruelty and disrespect for human dignity."

Kingson, the co-author of a book on protecting and expanding "the Insurance Americans Love and Count On", believes "the next game plan" is to privatize the Agency on the basis that the havoc unfolding now will be used to argue later that the private sector "will do a lot better".

He concurs with President Biden's SSA Administrator Martin O'Malley that the damage being done right now could soon result in the collapse of the system; argues that DOGE and Trump "have been stripping Social Security of its expertise and historical memory"; and charges that Trump, Musk and House Speaker Mike Johnson, who claimed today that "Social Security, Medicare and Medicaid will not take a hit" in the President's legislative agenda moving forward in Congress, are lying about fraud at the agency and benefits for Americans, which they plan to undermine. Kingson cites "a huge crisis" on the road ahead, as "half of today's workers under 67 will not be able to maintain their standard of living in retirement. If you count the cost of healthcare and long term care, it's probably about two-thirds. That's a crisis. What they are doing is stripping away the one thing you can count on: Social Security."

Much more on all of that --- and what you and I can and should do about it (hint: "Fight like hell!") --- in my conversation today with Kingson. I hope you'll tune in.

FINALLY... Desi Doyen is here with our latest Green News Report, as Trump signs a slew of Executive Orders to bail out the dying, polluting American coal industry, and as Big Banks plot new ways to profit off of our climate crisis...

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IN TODAY'S RADIO REPORT: Trump signs slew of executive orders to bail out the declining, polluting coal industry; Torrential rains and flooding cripple Congo's capital city; PLUS: Big banks quietly planning ways to maximize profits amid climate chaos... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Trump makes sweeping move to undercut state climate laws like California's; In the rain-soaked South, storms portend future ‘generational’ floods; White House ends funding for key US climate research body; US exits carbon talks on shipping, urges others to follow, document says; NOAA contracts being reviewed one by one, throwing the agency into chaos; Threatened carbon pipeline filed hundreds of lawsuits against landowners... PLUS: More oil and gas FAFO as crude keeps diving... and much, MUCH more! ...

Who coulda foreseen it? Oh, yeah. Everybody in the world other than the idiot who did it and his weird cult followers working desperately to justify it today. As you might expect, we've got a lot to try and make sense of on today's BradCast. [Audio link to full show follows this very brief summary.]

So, Donald Trump pulled the trigger during his rambling "Liberation Day" remarks in the White House Rose Garden, just after the close of markets on Wednesday. The trade tariffs would be slapped on virtually every country in the world and would be, as one tech investment manager described it just after the announcement, "worse than the worst case scenario."

Today, Wall Street reacted. Poorly. The Dow fell over a cliff by more than 1,600 points. The S&P 500 plunged nearly five percent. The tech-heavy NASDAQ plummeted almost six percent. That's what happens when 54% tariff on China suggest that your next iPhone may soon cost $2,300. (The price of Apple stock crashed by nearly ten percent). In all, today amounted to the biggest nosedive for the markets since the mishandling of the COVID pandemic in 2020...the last time this idiot was in the White House.

Nobel Prize-winning economist Paul Krugman asserted that Trump's numbers announced on Wednesday included "false claims about our trading partners" and simply make no sense, suggesting he's "gone full-on crazy." Though, no matter how many times reality and facts are likely to be pointed out to him --- that we are not, for example, "subsidizing Canada by $200 billion a year" --- he "will never drop that claim."

Trump's made-man and Senior Trade Advisor Pete Navarro, fresh out of prison, defended the tariffs, claiming they will raise $6 trillion in revenue for the U.S. over the next ten years. They won't. But if they did, that would amount to a new 25% tax on American consumers, the largest tax hike in U.S. history, since U.S. consumers, not foreign governments, will be paying higher prices to cover the huge new import taxes on just about everything.

Trump's new taxes are likely to result, as well, in reciprocal tariffs from virtually every nation in the world against the U.S. Every nation in the world, that is, except Russia, which was curiously left off the list of newly sanctioned nations for some odd reason.

But, as our friend David Dayen, investigative financial journalist, author and Executive Editor of The American Prospect explained on this program last year, these tariffs are better seen as a means by which Trump hopes to bend companies, industries and, yes, entire foreign governments, to his will. "Look at these tariff threats more as like sanctions," Dayen told us in early December. "'If you do things we don't like, you're going to get higher tariffs.' That's not really about trade policy. That's really about doing what the United States says. It's really about policing the world through economic terms."

"Businesses are going to come to this President and say, 'Give me a waiver from your tariff.' The mind boggles at the potential for corruption here," Dayen said at the time. "This is what oligarchies look like. This is what Russia looks like. If you're closer to the king, you're going to do better."

"He wants to use tariffs and, more generally, the role of the United States as an economic hegemony, to bully other countries to do our bidding," Dayen foretold, in what now appears to be exactly what Trump is doing. He reiterated and added to some of those thoughts at TAP today. "Stop trying to place coherence on a policy that’s really just a mob boss breaking legs and asking for protection money."

Sen. Chris Murphy (D-CT) smartly explained it in very similar terms last night in a social media thread. "Those trying to understand the tariffs as economic policy are dangerously naive," Murphy argued, citing how "British kings used taxation to reward loyalty and punish dissent. ... The tariffs are a tool to collapse our democracy. A means to compel loyalty from every business that will need to petition Trump for relief."

But there is a way out. There is a way to end this madness. Trump only enjoys the unilateral power to issue economy-killing, job-crushing, 401k-flattening sanctions because Congress gave him that power. They can also take it away. There was an attempt by every Democrat and a handful of Republicans in the U.S. Senate yesterday to do exactly that, when it came to sanctions against Canada. The measure was successfully adopted by the Senate, but is unlikely to receive a vote in the U.S. House, where it would likely also be adopted if members were allowed to vote on it. So, Speaker Mike Johnson will make sure they can't.

With all of that in mind, "these tariffs won't stand," writes Josh Marshall at TPM today. Anyone running for Congress or thinking of doing so has all they now need to take down any Republican who would support this insanity --- and the harm it is now causing to their own constituents. "It’s malpractice for anyone challenging a Republican member of Congress not to be on this today," he detailed this morning.

So, yeah. Once again, it all comes down to democracy and elections. To that end, a Trump-appointed federal judge in Pennsylvania this week ruled in favor of voters, believe it or not. And a George W. Bush-appointed federal judge in Texas did the same thing late last month. We break down both rulings today before Desi Doyen joins us to close with our latest Green News Report, including a bit of bad news for the coal industry, thanks to good news from voters in Illinois this week as, once again, still more evidence that, yes, elections matter!...

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IN TODAY'S RADIO REPORT: Amid mass layoffs, federal weather forecasters still working to keep Americans safe, as extreme storms again strike across U.S.; Massive cuts at federal agencies halt research into health impacts of pollution and climate change; PLUS: Trump Administration freezes funds intended to plug America's abandoned oil and gas wells... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Fossil fuels are killing us: Scientists publish sweeping review of industry harms; 'A health hazard:' Oregon flooding damages a city’s sewer system; Tesla reports 13% drop in sales from a year ago; What is causing US oil production to drop?; Trump fires TVA board chair, stripping power from governing body of largest US public utility; Edison CEO: It’s ‘certainly possible’ utility sparked Eaton fire. But climate change made it worse... PLUS: E.P.A. hunt for shady deals and 'gold bars' comes up empty... and much, MUCH more! ...

A legal fight for the integrity and public oversight of elections in the Peach State has been running in federal court for nearly eight years now. As we've reported over those years here on The BradCast, it began long before Trump and his Republican MAGA stooges dreamt up their imaginary 'Stop the Steal' scheme to pretend the 2020 election was stolen from them. The long-running suit has highlighted vulnerabilities and revealed criminal actions along the way. But, as of last night, the case may have come to an end. Our guest today, however, a lead Plaintiff in the case, vows: "This fight is far from over." [Audio link to full show follows this summary.]

FIRST UP... The madness wrought by our last election continues today, however, as layoffs begin for thousands of workers in agencies overseen by the Dept. of Health and Human Services (HHS), now directed by vaccine conspiracist Bobby Kennedy, Jr. "The cuts include researchers, scientists, doctors, support staff and senior leaders, leaving the federal government without many of the key experts who have long guided U.S. decisions on medical research, drug approvals and other issues" at the CDC, NIH, FDA and Centers for Medicare and Medicaid Services, among others, AP reports today. A coalition of Democratic state Attorneys General are now suing to block the scheme, which they describe as unlawful, charging it will result in "serious harm to public health" and put states "at greater risk for future pandemics and the spread of otherwise preventable disease, while cutting off vital public health services."

Raising attention to madness like that was just one of the reasons that New Jersey's Democratic U.S. Senator Corey Booker determined he needed to take and hold the floor of the U.S. Senate "as long as I am physically able." As of airtime, he was on the brink of breaking the all-time, 24-hour and 18-minute record for holding the Senate floor. Shortly after airtime today, he did so, before standing down after just over 25 hours. We share some of his remarks.

THEN... We've been waiting for this federal court ruling for more than a year since its 17-day trial in January of 2024. In fact, we've been waiting for it for almost eight years, since it was first filed in 2017, challenging Georgia's use of 100% unverifiable touchscreen voting systems. The state was the first, along with Maryland, to do so statewide back in 2002.

In 2019, the judge overseeing the case, U.S. District Judge Amy Totenberg, determined the state's Diebold touchscreen voting systems were so error-prone, unverifiable and vulnerable to manipulation, that she ordered they may no longer be used. In 2020, Georgia's current Sec. of State, Brad Raffensperger, defied voting system and cybersecurity experts who advised him to move the state to a hand-marked paper ballot system. Instead, with the blessing of former SoS, now Governor Brian Kemp, he moved to a new, unverifiable touchscreen voting system made by Dominion, at a price tag of more than $100 million to taxpayers. It has since proven to have many of the same vulnerabilities as the old Diebold systems. Last year's trial revealed many of those flaws.

But last night, well over a year since the trial in an Atlanta federal courtroom concluded, Judge Totenberg finally issued her 33-page ruling [PDF], lauding the plaintiffs for their "dedication to ensuring that Georgia's elections are conducted in a transparent, safe, and reliable manner," before dismissing the case entirely due to what she described as a lack of standing by the Plaintiffs to bring the suit in the first place. "Ultimately, Plaintiffs failed to establish at trial that Georgia's continued use of the [touchscreen Ballot Marking Device] will likely cause them to suffer a legally cognizable injury," she wrote in her order's Conclusion. "The Court therefore lacks jurisdiction to consider the merits of Plaintiffs' claims."

"Although Plaintiffs have not ultimately prevailed on their legal claims, their work has identified substantial concerns about the administration, maintenance, and security of Georgia's electronic in-person voting system," Totenberg ruled. "These investigative and educational efforts have prompted meaningful legislative action to bolster the transparency and accountability of Georgia's voting systems."

We're joined today --- as we have been many times over the years to discuss this case, and its many startling revelations and news-breaking findings --- by longtime election security and transparency champion, MARILYN MARKS, Founder and Executive Director of the non-profit good government group, Coalition for Good Governance, one of the case's lead Plaintiffs. Marks seemed as gobsmacked, confused and disappointed by all of this today as we were in the hours since last night's release of the judge's order.

"We haven't really absorbed this blow yet," she tells me. "After eight years to find out, 'Oh, you had no business to be here to begin with, here in court.'" Marks did her best, nonetheless, to explain the court's ruling. "She's basically said, 'You've got the right to vote. You've got the right to cast a ballot. But you don't have the right to know who you're voting for.'" That, a reference to the unreadable QR codes printed out on each ballot by Dominion's touchscreens, supposedly containing the voter's ballot selections. That QR code cannot be read or approved for accuracy by voters, however. Instead, they are asked to verify their selections on the human-readable portion of the computer-marked paper. But those selections are not used to tabulate election results.

Marks cites a 2022 race in which voters for Michelle Long-Spears, a candidate for Georgia's DeKalb County Commission, selected the candidate's name on the touchscreen, saw it on the computer-printed ballot as their selection, but could not tell that the QR Code actually registered a vote for her opponent.

Throughout the years-long course of this case, Marks, in her role as Plaintiff, helped reveal a number of troubling matters, from the fact (as demonstrated in court) that voters at the polling place are able to hack GA's Dominion touchscreens with no more than a ballpoint pen; to expert findings that resulted in a warning about these systems issued by the U.S. Cybersecurity and Infrastructure Security Agency; to the tape-recorded confession she obtained from an Atlanta businessman who detailed his role in a scheme to unlawfully access and copy the code for the proprietary statewide voting system in Coffee County, GA, and share it over the Internet with fellow MAGAs after the 2020 election. That man, Scott Hall, was one of several criminal co-conspirators charged along with Donald Trump in Fani Willis' RICO case against him and 18 others. Hall, Sidney Powell and other Trumpers pleaded guilty. Marks was the one who first revealed the now notorious Coffee County breach during the course of the case that was dismissed last night.

"Back in her decision in the Fall of 2020," as part of this case, Marks explains today, "right before the 2020 election, [Judge Totenberg] was saying that with these [new Dominion] systems, it is a matter of when, not if, this system is going to be hacked. She talked about how it cannot be audited. She went through many, many warnings for the state, that essentially this was not a good system. She seemed to agree with us on the merits for the last eight years, but now says, 'You shouldn't have been here anyway.'"

Marks asserts that Totenberg appeared to agree with Plaintiffs on the merits throughout the case and its eventual trial, as attorneys for the State, representing Raffensperger, failed to rebut Plaintiff's many world-class voting system experts and their testimony. "I don't think I read anything where she felt that [Raffensperger] presented compelling facts. Our experts presented unrebutted facts. [The state's attorneys] really had nothing other than, 'You guys are election deniers. You don't have standing. Y'all haven't really been hurt.' There was really no rebuttal on the experts' findings."

In fact, despite claims by the State, the Plaintiffs in this case never challenged the results of any election. Rather, they presented an airtight case that the systems used in Georgia can be manipulated, violate voter secrecy rights, and can't be known to reflect the intent of any voter after an election. Those unrebutted facts, which Totenberg appears to have agreed with, were not enough to overcome her final ruling --- after nearly eight years and countless findings in favor of the Plaintiffs --- that they can't show they suffer any harm with the use of these systems.

Marks says she is still discussing the matter with attorneys, but suggested she may appeal the case to the 11th Circuit Court of Appeals which has already, in a previous ruling in this case, agreed that Plaintiffs did, in fact, have standing.

For the record, Republican state lawmakers enacted a law last year that bars the use of QR Codes on ballots by 2026. Marks, however, explains why that provision is likely to put upcoming elections at legal risk and is unlikely be effectuated, as the state Legislature has, to date, failed to appropriate the nearly $70 million the law calls for to only somewhat correct Raffensperger's Touchscreen Follies.

FINALLY... Desi Doyen joins us for our latest Green News Report, as the Trump Administration declares they will be shutting down FEMA (in this middle of this year's hurricane season!); is closing coal mine safety offices around the county; and overturning landmark fees on oil and gas drillers' climate-warming methane pollution...

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IN TODAY'S RADIO REPORT: Trump Administration plans to dismantle Federal Emergency Management Agency right in the middle of hurricane season; Trump/DOGE to cut coal mine safety offices; PLUS: Republican-controlled Congress overturns landmark fee on oil and gas drillers' methane pollution... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Trump’s U.S.A.I.D. cuts hobble earthquake response in Myanmar; Earth’s soil is drying up. It could be irreversible; Plastics are seeping into farm fields, food and eventually human bodies. Can they be stopped?; FEMA blocked $10B in disaster aid; 'Forever chemicals' from nearby factory found in dust of NC homes; How Trump''s tariffs could brake EVs but accelerate Tesla... PLUS: A Navajo Nation community has running water after waiting nearly 25 years... and much, MUCH more! ...

We've got a few explainers on today's BradCast. But I thought you might find it useful to be armed with some facts, truth and understanding right about now. [Audio link to full show follows this summary.]

Among our explainer coverage today...

• Not long after we got off air today, Democratic Senate Minority Leader Chuck Schumer signaled he would allow Donald Trump and Congressional Republicans to adopt a bad six-month spending bill rather than fight them, because that fight would results in a government shutdown as of midnight on Friday. It's certainly a dilemma for the Dems, many of whom seemed to come around to the decision to fight rather than fold today. Even the nation's largest federal workers union --- whose members would arguably be first and most directly effected by a shutdown --- persuasively called on Dems to do just that, arguing: "With thousands of federal workers either fired, placed on administrative leave, or at immediate risk of losing their jobs, AFGE members have concluded that a widespread government shutdown has been underway since January 20 and will continue to spread whether senators vote yes or no on H.R. 1968." Schumer's announcement that he will vote with Republicans to end debate on the Continuing Resolution Friday, suggests the GOP is likely to get the support of at least eight Democrats Senators that will be needed to overcome a filibuster tomorrow. But, we'll see if a few more Dems find the spine to stand up against Trump and stand up for Americans before then.

• Speaking of AFGE, they and a few other unions won a big victory today. They had sued the federal government to restore the jobs of thousands of "probationary" federal workers unlawfully fired by the Trump Administration. Today, a federal judge ordered those workers, at the Departments of Veterans Affairs, Agriculture, Defense, Energy, Interior and Treasury to be rehired "immediately". U.S. District Judge William Alsup excoriated the Trump Justice Department's legal justification for the layoffs and their refusal to present evidence to support their case. "It is a sad day when our government would fire some good employee and say it was based on performance when they know good and well that’s a lie," railed Judge Alsup from the bench. "That should not have been done in our country. It was a sham in order to try to avoid statutory requirements."

• Yesterday, you may have seen headlines about Trump's EPA chief Lee Zeldin declaring a rollback of more than 30 important health, safety and environmental regulations. (Eg: "Trump takes an ax to more than a dozen pollution rules in rapid-fire deregulation".) In fact, none of those regulations have actually been rolled back. Yet. "Today I'm pleased to make the largest deregulatory announcement in U.S. history," the new EPA Administrator dramatically declared in a two-minute video filled with one lie after another, falsely describing "suffocating rules that restrict nearly every sector of our economy and cost Americans trillions of dollars." The video was released to accompany Zeldin's Wednesday essay in the Wall Street Journal offering more false and misleading details on those lies.

  Today, we step through the key lies, explain the truth about them, and what Zeldin's announcement really amounts to. No, there is no "EV mandate" and the U.S. is already "energy dominant" as it was when Trump took office after America long ago became the world's leading producer of oil, gas, coal and renewable energy under President Biden, who also adopted a number of landmark climate initiatives that increased manufacturing, boosted the economy, produced clean energy and made America safer for everyone.

  It will be a long and difficult path for Trump's EPA to overturn dozens of health and safety rules long in place, as well as the agency's landmark 2009 scientific "endangerment finding" on the adverse health effects of planet warming carbon pollution on which a number of those regulations, adopted under the Clean Air Act, are based.

  Bottom line: the Trump Administration plan, as detailed by Zeldin, will increase pollution, worsen the climate crisis, allow more deadly cancer-causing toxins into our air and water, and force Americans to pay the bill for all of it through what Desi Doyen describes as a "pollution tax". You may support Zeldin and Trump's scheme to do all of those things, but let's be clear about what their announcement yesterday is calling for.

  The fossil fuel industry --- already the most profitable industry in the history of civilization --- immediately declared their support for the effort. Few others have done so and many have vowed to challenge it in court. Now it's up to all of us to fight against these unpopular plans. Tune in today for more details that may help to give you the ammunition to do so.

• Finally, Desi Doyen has a bit more on the Trump EPA's vow to Make America Polluted Again, and much more in our latest Green News Report...

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

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

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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