It's all so stupid and ridiculous. But, as discussed on today's BradCast, the stupidity and ridiculousness knows no bound now that he's won a criminal immunity ticket from the Supreme Court. So we will all pay the price until voters change the score. [Audio link to full show follows this summary.]

To that end, Gubernatorial primary elections were held in New Jersey on Tuesday for this November's general election. Democratic U.S. Rep. Mikey Sherrill, a Navy pilot and former prosecutor, will face off with Trump-endorsed Republican Jack Ciatterelli, who came within just about three points of unseating the state's now termed-out Democratic Gov. Phil Murphy four years ago.

Perhaps more interesting on Tuesday were six state legislative special elections held in three different states. Democrats outpaced expectations in five of them, including one in Tulsa, Oklahoma, where a native American candidate trounced her Republican challenger by a landslide 69 points! The results amounted to a 50-point over-performance by the Dem as compared to their results in the Presidential election in the same district last November. In all, Dems are now running an average of about 16.4 points ahead of their 2024 results in special elections in 2025.

Then, it's back once again to the mess here in Los Angeles, which isn't really a mess at all. Or, at least, it wasn't until tough guy Donald Trump decided to pretend that largely peaceful protests against his immigration policies required him to violate the law to federalize California National Guard troops and deploy them with the U.S. Marines to support the ICE round-ups of hard-working, non-criminal migrants in the city including, apparently, children.

In a televised address on Tuesday night, CA's Governor Gavin Newsom, who, along with L.A. Mayor Karen Bass, opposed Trump's federalization and deployment of troops in the city, described the President's "authoritarian", wannabe "dictatorial" tactics. He warned that Trump is now waging war on democracy and the Constitution itself, and that Americans outside of California can expect to see much the same thing soon in their own hometowns. Will Americans heed his warning?

We're joined today by fellow L.A. resident HEATHER DIGBY PARTON, award-winning Salon columnist and longtime Digby's Hullabaloo proprietor, and another OG blogger friend known simply as 'DRIFTGLASS', co-host of his weekly Professional Left Podcast. As usual, they are here for a roundtable discussion to help us make sense of it all...as senseless and stupid as it all is.

Both share thoughts on what they see as the real point of Trump's dumb but dangerous incitement of violence here in L.A., what it is meant to distract from, and where all of this is headed. Is there any chance this doesn't lead to an invocation of the Insurrection Act by Trump, so he can really violate the law, American values, rights, and the Constitution itself?

"Donald Trump simply has no reason to obey the law anymore, of any kind, for any reason," argues Driftglass. "They feel no compunction about breaking the law because there's no one to stop them" Because he was elected, after receiving criminal immunity from SCOTUS, he believes "he can do whatever he wants. It's an ugly, terrifying fact that we warned people about for years. We begged people not to do this. We still came up short, because 77 million or so people voted for exactly this."

But, will even MAGA support the deployment of U.S. troops on American streets? Something that Republicans, including MAGA, have pretended for years to oppose? "As long as Trump is doing it, they'll be for it," asserts Digby. "The minute it's not him, they'll be against it. They retired the concept of hypocrisy a long time ago."

It is going to worse before it gets better, she warns, citing Trump's top henchman Stephen Miller who, she says, "has given interviews saying that they have plotted this out. Plan B, Plan C. They've been thinking this stuff through. This is actually part of their plan. They're testing the electrified fence here to see what they can get away with."

There is, of course, much much more from both of them today, including on a couple of stories you may have forgotten about for some reason, from just days ago. For example, last Friday, less than a week ago, Elon Musk publicly accused Trump of being named in the unreleased Epstein Files. Also, if you remember, Congressional Republicans passed a bill to slash $1.4 trillion worth of health care and food assistance from low-income Americans to help defray the cost of some $4 trillion in tax cuts mostly for the wealthy, at the cost of a $3 trillion spike to the national debt.

Remember when Republicans used to care about such things? As Digby sez: "They retired the concept of hypocrisy a long time ago"...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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IN TODAY'S RADIO REPORT: Tornadoes strike Oklahoma, as wet weather complicates Election Day; October 2024 was one of the driest months in U.S. history; Late season Tropical Storm Rafael threatens U.S. Gulf Coast; A boatload of positive climate news; PLUS: President Biden allocates $3 billion to upgrade and electrify the nation's ports... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): What’s at stake on Tuesday? The planet; Trump vows anti-regulatory blitz; An angry Spain, still reeling from floods, faces more rain; Trump donor fined for pollution now leading fight to end methane emission penalties; New EV battery reaches 90% charge in 15 minutes; NYC tests a solar-powered school bus microgrid; L.A. County sue Pepsi and Coca-Cola over plastic pollution... PLUS: Fruit farmers of 50 years still at it, with help from wind turbines... and much, MUCH more! ...

When it rains, it pours on today's BradCast. [Audio link to full show follows this summary.]

Among the muck we wade through today...

• Hurricane Milton walloped much of central Florida after coming ashore as a Cat 3 om Wednesday night, just south of a worst-case-scenario direct hit on Tampa Bay. But, as we've learned since covering Hurricane Katrina way back in 2005, it's best never to say "they dodged a bullet" too early.

• Just in case your favorite media outlets featuring wall-to-wall wind-whipped reporters foolishly risking their lives by standing outside in multi-colored rain slickers to fulfill your disaster porn needs forgot to tell you that man-made climate change exacerbated Milton's awesome destructive power and signals an even grimmer future for us all, Desi Doyen has you covered today.

• While Donald Trump has been lying to you about FEMA and the Biden-Harris Administration's response to both Hurricane Milton this week and Hurricane Helene last --- and putting his own brain-poisoned supporters at grave risk in the bargain --- three points worth noting today: 1) Everything out of Trump's mouth on these subjects is a lie. (But you knew that, right?) 2) All of the Republican Governors in all of the effected states have lauded the response from FEMA and Joe Biden. 3) Since they're all on the ballot this year, it's worth noting that a whole bunch of Republican Congressmembers from Florida voted against funding FEMA at all this year just DAYS before Helene made landfall, even as many of them are now demanding more money for FEMA. As you or someone you know may be voting in the Sunshine State soon, you should know the names of those hypocrites. They are: Reps. Aaron Bean, Gus Bilirakis, Kat Cammack, Byron Donalds, Matt Gaetz, Laurel Lee, Anna Paulina Luna, Cory Mills, Bill Posey, Mike Waltz, and Daniel Webster.

• As Donald Trump continues to line his pockets (his own, not his campaign's!) in a seemingly desperate, hopefully Going Out of Business sale --- Shitty golden sneakers! Cheap silver coins! Worthless NFTs! $100,000 diamond-encrusted watches! (They make a perfect off-the-books Christmas bribe from your favorite foreign autocrat!) --- his $59.99 Trump-endorsed, Lee Greenwood-branded "God Bless the USA" faux-leather bound bibles may be his sleaziest scheme yet. But that hasn't prevented Ryan Walters, the MAGA Superintendent of Public Schools in Oklahoma, from trying to force state tax-payers into buying 50,000 of them to place in every classroom, even while all but ignoring a year-old, already-funded state mandate to purchase emergency asthma inhalers for schools. (He'll get to it, okay? He's busy with the Trump Bible thing right now! Never mind that child who died at school for lack of one!) Oh, and as long as we're on the topic, AP did some digging this week to find that Trump's "God Bless the USA" bibles are actually "printed in a country that the former president has repeatedly accused of stealing American jobs and engaging in unfair trade practices --- China." In reality, AP discovered, they actually cost less than $3 a piece to print. But, don't worry, while Bible experts say it's crap, you can still buy a version hand-signed (or so the website says?) by Trump himself for the low-low price of just $1,000 if you act now!

• Finally, Desi Doyen joins us to help mop things up with our latest Green News Report on Milton's landfall, Republican disinfo on FEMA and its funding shortages, and President Biden's landmark rule that will now, officially, finally replace every toxic lead water in America! (Sure, but does he have overpriced, crappy, Chinese-made bibles to sell?)

All that before I close the show with an offer you can't refuse! God bless the USA!...

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On today's BradCast: When democracy works as it's supposed to. And when it doesn't. [Audio link to full show follows below this summary.]

First up, encouraging news from Tuesday's elections out of the small town of Enid in supposedly "deep red" Oklahoma. After electing a guy by just 36 votes last year to the City Council --- a guy who turned out to be a neo-Nazi --- progressive Democrats and conservative Republicans in Enid rallied to remove Judd Blevins from office by nearly 20 points in a recall election. Republican Cheryl Patterson was elected to take the seat instead.

“We did it!,” said Kristi Balden, chair of the group called the Enid Social Justice Committee, which organized the signature drive to trigger Tuesday's recall after learning about Blevins' background as a participant in the White Supremacist riots in Charlottesville in 2017 and as an Oklahoma chapter head for a well known white nationalist group. Following the win for democracy in Enid on Tuesday night, she told NBC News that folks in the rural town discovered that even a small group can join together to effectively defeat extremism. “You can do this because we did this,” she said. “We didn’t even know what we were doing, and we did this. This is possible.”

In other election related news from Tuesday, Presidential Primaries were held in Rhode Island, Connecticut, New York and Wisconsin despite the leading candidates for both major parties already having secured the delegates needed to clinch the 2024 nominations at their respective party conventions this summer. But there were still some interesting revelations from Tuesday's results.

While President Biden continues to see a small, if noteworthy, number of protest votes against him in Democratic primaries, largely in response to his position on Israel's war in Gaza, Donald Trump continues to do far worse among his own Republican party voters. Biden is still defeating challengers on the ballot as well as those registering votes for "uncommitted" by margins from the high 60s to the high 80s. Trump, on the other hand, is still having trouble topping a 70% percent margin on the GOP side, with Nikki Haley, who dropped out of the race weeks ago, still winning double-digit percentages in all four state primaries held on Tuesday.

In Wisconsin, for example, after an organized effort to encourage Dems to register a protest vote for "Uninstructed", the state's equivalent of "Uncommitted", approximately 48,000 (8.3%) of Democratic voters did so. That is certainly a concern in a state he won in 2020 by only about 21,000 votes --- and where Trump won by just 23,000 votes in 2016. On the other hand, about 125,000 voters in that state's Republican primary voted against the disgraced former President yesterday.

But the biggest news out of Tuesday's contests was arguably the fact that voters in Wisconsin approved two different Constitutional Amendments involving elections administration in the state. Both were placed on the ballot by Trump-allied Republicans in the GOP's still wildly gerrymandered state legislature after both measures were previously vetoed by the Democratic Governor.

Question 1 bans private funding of elections and Question 2 (the more troubling of the two), mandates that "only election officials designated by law" may perform election-related "tasks". Both measures sound fairly innocuous on paper. That, and a lack of organized opposition to either measure is undoubtedly why both were adopted by large margins statewide on Tuesday.

Some 27 other states won by Trump in 2020 have already adopted legislation similar to WI's Question 1, after Republicans decided to lie to themselves about private funding from non-profit organizations to help run elections during the pandemic as somehow related to Trump's loss. But Question 2 is a new idea and could, according to our guest today, result in chaos for election officials in the Badger State's nearly 2,000 decentralized election jurisdictions this November; frighten voting rights advocates away from helping voters at the polls; and spread to other states controlled by GOP election deniers, conspiracists and vote suppressors.

"These offices, even in better times, are chronically underfunded [and] understaffed," says my guest today, veteran voting rights journalist ALEX BURNESS, who published a deep dive warning about the dangers of these two ballot measures several weeks ago at the progressive Bolts Magazine. "It's hard to quantify what exactly the damage is going to be" regarding the ban on private funding of elections, "but if you can't afford to pay pollworkers, if you can't afford to recruit pollworkers, if you can't afford the extra dropboxes or those modern voting machines or tabulators, that's a problem," warns Burness.

But Question 2's vaguely worded requirement that "only election officials designated by law" may perform election-related "tasks" is what could really wreak havoc for voters and officials this November in the critical battleground state. Election-related "tasks" remains undefined in the new Amendment. It could relate to contractors who help design and program ballots for voting systems; outside experts who help officials analyze voting patterns to ensure the proper number of polling sites and printed ballots; voting rights groups who help disabled voters at the polls; municipal workers who are drafted by election officials to help set up tables at polling places; local volunteers who help officials in small towns seal envelopes to send voters absentee ballots, and many others.

It is all "straight out of the Big Lie," Burness explains today. "And in the absence of organized opposition to educate people about this, in the absence of much information from the media on this," he argues that it was easy for voters to look at these measures and think they make perfect sense --- as they apparently did on Tuesday. And yet, he asserts, the measures may turn out to be "a wolf in sheep's clothing."

"There is so much vagueness baked into that word 'tasks,'" Burness explains. "If 2020 is any indication, we can definitely expect that Wisconsin is going to play host to any number of election lawsuits. So, I think the passage of this measure kicks off many months of confusion and potentially chaos, of added stress for local election administrators, and added stress for the kind of people who would be inclined to assist in local election administration. The final word on what exactly Question 2 even means is probably yet to come."

"I can't say why this didn't get more attention, why folks didn't spend on it," he tells me in response to my question about why there was little warning from media and virtually no organized opposition to these measures from Democrats or voting rights advocates. "I could dream up reasons, such as fatigue," Burness says, summing up his guess as "the general normalization of Big Lie politics."

Unlike last night's story out of Enid, OK, that is decidedly not good news for democracy...

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Republicans and corporate media appeared to be shocked on Tuesday night. But it looks like we had it right all along on BradCast regarding this year's midterm elections. And, once again, the corporate media didn't. But, good news for them! As usual, they'll pay no price for being wrong, no matter how many times they ill-serve the nation with their failures. [Audio link to full show follows this summary.]

There was no "red" wave. Conventional wisdom, as we've been advising since early Spring, was to be ignored before this year's midterms in these decidedly UNconventional times. If we could see that data --- sometimes via polling from some of the very same media outlets --- why couldn't the corporate media? Maybe its group think. Maybe its because whatever Republicans tell them they believe to be the truth, or simply report it as such.

In any event, while there was no "red" wave, it is still quite possible that Republicans win majorities in both the U.S. House and the Senate --- if just barely in each case. And while Dems, as we go to air today, have an apparent edge to hold on to their Senate majority, it'll almost certainly require another win in another U.S. Senate runoff in Georgia next month to nail it down. There even remains a long-shot chance that Dems can keep a majority in the House as well, and that, as we explained yesterday, it all may come down to the effect of unusually large downpours on Tuesday's Election Day in both Northern and Southern California.

Either way, for the moment, American democracy, while still on life support, has lived to see another day. For now. In similarly encouraging news, our previous President may even finally face some accountability from his own infuriated party. They were deprived of what should have been a huge and easy win on Tuesday, but for the rightwing loons that Donald Trump helped push into the Party and onto ballots across the nation. Many of them, if not all, lost bigly.

On today's program, we discuss all of the above and, based on what we know as of airtime, run through a ton of critical victories and losses --- including both inspiring surprise wins and several disappointments --- in dozens of states, at both the state and federal level.

As of yesterday's election, anyway, American voters (including many young ones, thankfully!) appear to have held the line for democracy. It is not dead yet. For that, I hope you'll take a minute or two to breathe a small sigh of relief. But not too many minutes. The good fight ain't over yet. Not by a long shot...

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For some, it was a political "earthquake" on Tuesday. For us here at BradCast, it largely served to confirm what we've been arguing for many months now: Reports about a Democratic shellacking this fall are greatly exaggerated. And, the swing-district Democratic win in a New York U.S. House special election on Tuesday isn't the only new evidence today helping to support that case. [Audio link to full show follows this summary.]

First up, we run through some of the noteworthy reported election results from yesterday's primaries and runoffs in Oklahoma, Florida and New York. Tune in for specific details and specific races. But while there was good news and bad for both Democrats and progressives on Tuesday, the biggest story of the night was clearly Democratic candidate Pat Ryan's defeat of Republican Marc Molinaro in what both parties have been regarding as a bellwether for this November, a special U.S. House election in NY's 19th Congressional District. The Hudson Valley district is a classic "swing-district" that tends to follow the mood of the nation. It barely went for Biden in 2020 and for Trump and Obama in the years prior. In a "red wave" year for Republicans --- as both the GOP and media have long been instructing us that this year's midterms would be --- Molinaro should have easily won on Tuesday. Instead, he lost by 2 points.

In another special election for the U.S. House yesterday, in the state 23rd District, the Republican candidate won in the very Trumpy district, but by just over 6 points. That, after the Republican who previously held the seat had won it by 17 points back in 2020. It was yet another contest in which Democrats gained over their 2020 numbers, rather than lost, as would be expected in a "red wave" year.

In fact, where Republicans earlier this year had been winning special elections for the House by anywhere from 10 to 20 points more than Trump had won the same districts just two years ago, everything changed on June 24, when the GOP's stolen and packed U.S. Supreme Court, in their Dobbs decision, overturned Roe v. Wade and its 50 years of Constitutionally-protected privacy rights and reproductive freedoms. Since that ruling, every single special House election --- four of them, from Nebraska to Minnesota to New York --- has seen results swing toward Democrats from their 2020 numbers in the same district.

Ryan's victory on Tuesday in NY-19 is being chalked up to his campaign focused on abortion rights, fueled by campaign signs reading "Choice is on the Ballot." Indeed, Ryan also tied choice to freedom and democracy, as noted in his victory tweet last night. "Choice was on the ballot. Freedom was on the ballot, and tonight choice and freedom won," said Ryan, adding: "We voted like our democracy was on the line because it is." In the bargain, he concluded, "We upended everything we thought we knew about politics and did it together."

The GOP candidate, meanwhile --- a fairly strong candidate, not one of the Trump-backed insane ones --- attempted to make the contest a referendum on President Biden, inflation, crime and against one-party rule in D.C., as Republicans have hoped to do elsewhere for this November's midterms. It didn't work.

We've been arguing for many months now on this show that voters should simply ignore "Conventional Wisdom" based on historical data for this year's elections, as these are decidedly UNconventional times. There are many things that make it so, but the overturning of Roe v. Wade is certainly a great big one.

Evidence of that is also showing up elsewhere, as our guest today, TOM BONIER, CEO of TargetSmart, a Democratic data firm, has been noticing and tweeting excitedly about over the past few weeks since Kansas voters decisively rejected a state Constitutional ballot initiative that would have allowed Republicans in the traditionally conservative state to ban abortion rights.

Since then, Bonier explains, in state after state that he has examined --- so-called "red" and "blue" ones and even critical battlegrounds like Pennsylvania, Ohio, and North Carolina, among others --- the data for new voter registrations after the Dobbs ruling show numbers are spiking for women, particularly Democratic women and, specifically, those under 25.

"I'm not one that's prone to hyperbole," Bonier tells me, responding to a question about one of the stats he posted to Twitter, which he described as "jaw-dropping." He says that "when analyzing election data, you generally don't see variations from the norm, from past historical precedent, that are really that substantial." But, after being stunned by what happened in Kansas, he noticed there had been a huge spike in voter registrations in the state in its run-up.

"Of the voters who registered to vote in Kansas after the June 24th Dobbs decision, 70% were women," he found. "I've never seen anything approaching that degree of gender gap. It just doesn't happen."

"The reason you look at new registrants is because it's a great indicator of intensity. It's not that new registrants by themselves will swing the election, but it is a reliable indicator of which groups are really fired up about voting, and that's what's going to decide this election."

He discovered similarly "jaw-dropping" numbers for Pennsylvania after the Dobbs ruling. "It's not just that women are registering to vote. When you look at who those women are, they're overwhelmingly women and Democrats." New Dem registrations, he says, are outpacing Republicans 4 to 1. "Over half of them --- 54% of them --- are under the age of 25. So again, they're younger, they're more likely to be Democrats, overwhelmingly, young Democratic women being engaged."

In North Carolina, like Pennsylvania, where Democrats are eyeing another potential U.S. Senate pick-up that seemed impossible just several weeks ago, Bonier says he is seeing a similar trend. Before Dobbs, "Republicans had a one point advantage among new registrants. Since Dobbs that's shifted to a 5-point Democratic advantage...again, driven by younger women primarily, though not exclusively."

In Ohio, a similar story. In fact, Bonier says women are out-registering men in Idaho, Wisconsin, Louisiana, Arkansas and elsewhere.

Has he drilled down on these statewide numbers to see if they will have an affect on the heavily gerrymandered new maps that will favor Republicans in the U.S. House this year? So far, Bonier argues, they are "seeing the same pattern in these more potentially competitive Congressional districts."

Are the numbers large enough that, even with that gerrymandering, Democrats might actually be able to hold their majority in the House this November? "If you'd asked me this a few months ago, I never would have said this, but yes, Democrats have a chance. It's still an uphill battle --- especially because of the structural disadvantages --- but there's clearly a chance. We're not talking about the slimmest of margins, we're talking about a real opportunity. But for that to bear fruit for Democrats, it's going to take this trend continuing. It's going to take Dobbs being an inflection point, where we look back and we say, 'This election cycle, there was pre-Dobbs and there was post-Dobbs, and Dobbs is really what changed everything.'"

Bonier cautions that it "will still be difficult" and nothing is certain, especially since betwen this and so much else this year, there are simply no modern historical equivalents to compare it to. "So the best thing we can do is go out, work as hard as we can, and fight for every vote."

Have we been right to argue for so many months that voters should simply ignore the "conventional wisdom" --- from political professionals, including guys like Bonier --- in these UNconventional times? Tune in for his answer...

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On today's BradCast: Based on the FBI's unsealed warrant for their recent court-approved search at Mar-a-Lago, we now know that our disgraced former President is being criminally investigated by the Dept. of Justice for violation of at least three federal statutes. One of them --- the one which has arguably received the most headlines --- is the Espionage Act. But that very broad federal statute has been wildly misused by the government over the years to target free political speech and, in modern days, both whistleblowers and journalists. Today, we speak with national security whistleblower Edward Snowden's lead ACLU attorney in hopes of better understanding the controversial law, what's wrong with it, how it needs to be amended, and if it is now properly being applied against Donald Trump. [Audio link to full show follows this summary.]

First up, however, as primary elections are underway in New York, Florida and Oklahoma today (noteworthy results and problem reports for voters on our next 'BradCast'), we wanted to close a loop on a story we reported last week. Anti-abortion activists in Kansas had hoped for a statewide hand recount of the ballot measure for a state constitutional amendment that failed so thoroughly during their primary elections earlier this month. The measure, trounced by about 18 points, would have allowed state Republicans to ban abortion rights in Kansas. Activists vaguely claimed there was evidence of fraud and asked for a hand-count of 9 of the state's largest counties after failing to raise enough money to count the whole state. That hand-count was completed over the weekend and very few votes changed at all. The "Yes" campaign netted an additional 63 votes out of more than 556,000 tallied by hand in those counties.

We've got some thoughts on that hand count to share today, including a response to the Kansas Sec. of State who claims the hand-count "proves once and for all that there is no systemic election fraud in our state's election process" (it doesn't) and for Democrats who decry lawful, public hand-counts --- paid for by challengers, even if they are loony ones --- as undermining our election system. They don't. In fact, they add confidence to it. Tune in for more.

Next, on Monday night, the New York Times reported that Donald Trump stole at least 300 documents marked as classified, many of them said to be incredibly sensitive national security documents. (Contrast that with the total of 3 documents found to have been sent to Hillary Clinton via her private email address marked as classified, for which Trump and his supporters railed to "LOCK HER UP!" for so many years.) All told, it took a year and a half to get those stolen documents back, after a year of negotiation and pleading by the National Archives, a grand jury subpoena from the DoJ, a personal visit to Mar-a-Lago by its top counter-espionage official, and, ultimately, the FBI search earlier this month.

Throughout that time, the paper reports, "Trump went through the boxes himself in late 2021," before failing to turn them all in and, even now, it is unknown if all of the stolen documents have yet been returned. Whether marked as classified or not --- and whether Trump declassified them or not (he didn't) --- it was still illegal for Trump to have any of them in his possession.

The federal search warrant revealed that he is being investigated for, among other things, violation of the Espionage Act. Writing last week at Politico, the Knight First Amendment Institute's Jameel Jaffer, formerly of the ACLU, argued that the Act has been abused over the years in its application against whistleblowers and journalists, such as Chelsea Manning (who released classified documents revealing war crimes by the U.S. Military), Reality Winner (who released a classified document revealing Russia's 2016 breach of U.S. voter registration systems) and, more recently, WikiLeak's Julian Assange.

But, Jaffer writes, while the overly-broad law desperately needs to be amended or even scrapped entirely, its use against Trump appears to be perfectly appropriate.

We're joined today by BEN WIZNER of the ACLU's Speech, Privacy, and Technology Project. Wizner serves as the principal legal advisor for Edward Snowden, the national security whistleblower who, charged with Espionage Act crimes, is currently living in Russia to avoid prosecution.

Wizner explains the many problems with the more than 100-year old law as it was originally used --- before being somewhat amended decades later --- to prosecute thousands of Americans for legitimate political speech. "In fact, the abuses of the Espionage Act at the outset really had something to do with the formation of the American Civil Liberties Union in 1920," he tells me. "It was used by Woodrow Wilson's administration to go after pacifists and anti-war activists, labor activists. Eugene Debs was prosecuted and imprisoned under the Espionage Act. So in its early years, it really is associated with all of the excesses of the first Red Scare and the crackdown on dissent, and immigrants and other radicals." (Debs ultimately ran for President from his prison cell, as Trump may now wish to take note.)

"In it's modern history, the core critique of the Espionage Act has been that it doesn't distinguish between selling the country's secrets to a foreign adversary for personal gain and sharing those same secrets with respected journalists in the public interest," Wizner explains. "In the Snowden case, you have somebody who shared information with news organizations. Those news organizations won the highest awards in journalism, a public interest Pulitzer Prize [based on documents from Snowden.]

But the most egregious part of the Espionage Act, as Wizner notes regarding Snowden's case and his exile abroad: "He's not able to argue, if he's brought to court under this law, that he was acting in the public interest, [and] that in fact the law [was] changed as a result of his actions. All of that would be irrelevant and inadmissible under an Espionage Act prosecution."

In other words, Snowden would be disallowed from even offering a defense for what he did. "The first person ever prosecuted under the Espionage Act for leaks to the press in the public interest, rather than trying to provide secrets to a foreign entity was, of course, the Pentagon Papers whistleblower, Daniel Ellsberg, in 1971," Wizner reminds us. (We discussed Snowden's case with Ellsberg on the show back in 2013. Audio and transcript here.)

There is much more to discuss about this bad law and the need to amend it, as several lawmakers from both major parties have long been trying to do. Tune in for that.

As to whether Wizner agrees with his former ACLU colleague, Jaffer, regarding the Espionage Act's correct application against Trump? While he argues "there's no good justification for what Trump did here," Wizner says he is keeping powder dry" regarding Trump's alleged Espionage Act violations. "I am very open to the possibility that when we find out why they cited that statute, I will be a full-throated advocate of what they did in this case. I'm just saying I don't have the information yet to be that full-throated advocate...It matters what those documents were. The fact that they were marked classified is a key fact. I still want to know what was in them."

"I believe Jameel Jaffer is correct that the concerns that the ACLU and other have raised about the Espionage Act are not implicated here," Wizner tells me. "We've been saying you shouldn't equate two different categories --- spies and whistleblowers. What we have here is a third category."

Finally, after some breaking news on President Biden reportedly deciding to forgive up to $10,000 in student loans for some federal borrowers, and Desi Doyen's explanation of how Democrats may have quietly and ingeniously outsmarted both Republicans and their stolen U.S. Supreme Court majority by declaring carbon dioxide and other greenhouse gasses to be "pollutants" in their recently passed Inflation Reduction Act, she joins us for our latest Green News Report, as the summer of extreme extreme weather continues...

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"Abortion is an essential component of women's health care" -- American College of Obstetrics and Gynecology

"When women are compelled to carry and bear children, they are subjected to 'involuntary servitude' in violation of the [13th] amendment" -- Andrew Koppelman, Northwestern Univ. Law Review (2010)

The moment the U.S. Supreme Court handed down its opinion in Dobbs --- the case in which five of the Court's six right-wing Radicals in Robes voted to completely overturn Roe v. Wade (1973) --- it resurrected a cruel and grotesque division between States that had not existed since the end of the American Civil War.

In 1860, prior to passage of the 13th, 14th and 15th Amendments, the very existence of a "United States" was under a grave threat due to an unsustainable, race-based divide between Slave States and Free States.

Today, courtesy of Dobbs, our nation finds itself mired in an unsustainable, gender-based divide between Free States, where a woman's reproductive liberties are preserved, and Slave States, where reproductive liberties no longer exist. (Andrew Koppelman's 2010 paper argued that "forced pregnancy" doesn't just deprive women of their "individual liberty". It also denies Equal Protection under law guaranteed by the 14th Amendment because that "deprivation is selectively imposed on women.")

The immediate impact of Dobbs was felt in Ohio, where the only option available to the parents of a 10-year old rape victim was to flee to neighboring Indiana so that their child would not be forced to carry the rapist's baby to term. But even the liberty that 10-year old's parents took advantage of is now threatened by a gender-based, Fugitive Slave Act mentality...

It was a very hot BradCast today --- in most every way you might imagine. [Audio link to full show follows this summary.]

This week, a billion or so in China are suffering under record extreme heat and humidity. The death toll from relentless record heat, drought and wildfires in Portugal and Spain has now topped 1,000, as the heat spreads to France and the rest of Europe where Ireland and the U.K. are likely to see triple digit temperatures and a red flag extreme heat advisory for the first time.

Here in the states, as AccuWeather reports, sweltering highs approaching 110 degrees Fahrenheit will continue as temperatures "reach their highest levels of the year so far from Rapid City, South Dakota, to Wichita, Kansas, as well as Oklahoma City and Dallas" and everywhere in between. Electric grids, particular in Texas, are under extraordinary stress (the power went out during a Houston TV station's live weather forecast, as they warned of possible power outages) with little immediate relief in sight.

Apocalyptic conditions are now being experienced across the globe thanks to a climate crisis caused by the burning of fossil fuels. That, even as the corrupt, U.S. Supreme Court at the end of last month made up a pretend "doctrine" (the "major questions doctrine", found nowhere in the Constitution or American case law) to bar the EPA from regulating carbon emissions, as mandated by federal statute in the Clean Air Act.

At the same time, corrupt, fossil fuel industry-funded "Democratic" Senator Joe Manchin continues to undermine any and all environmental initiatives agreed to by every Democrat in the U.S. House and all but him (and, to a slightly lesser extent, corrupt AZ Democratic Sen. Kirsten Sinema) in the Senate, designed to curb deadly greenhouse gas emissions.

In short, as Sen. Bernie Sanders made clear over the weekend, Manchin --- whose family literally makes millions from the coal industry, and whose campaign takes in millions from the fossil fuel industry --- "has sabotaged the President's agenda" as our existential climate crisis quickly worsens.

Manchin and all 50 Republican Senators in the upper chamber and every single Republican in the U.S. House continue to prevent Democrats from all efforts designed to save humanity. But, somehow, to some on the Left, it is the fault of Democrats?! And it is Democrats who may be voted out of their majorities in both chambers this November? Really?! What gives?

We open the phones today to some of those very questions, as there are a whole bunch of folks calling themselves progressives out there who are, somehow, blaming Democrats for this mess and many others. We try to have a conversation with a few listeners about that. Tune in to today's lively BradCast to see how it goes!...

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Please pardon the whiplash on today's BradCast, from our special coverage of the blockbuster J6 hearing in the U.S. House yesterday to coverage of election results in eight states today, and what they both may mean for November. But that's our world right now. [Audio link to full show is posted after this summary below.]

Critical midterm primary elections (and runoffs), and one Special Election for the U.S. House were held on Tuesday in Illinois, Colorado, Oklahoma, Utah, New York, Mississippi, South Carolina and Nebraska.

We've learned of a few reported problems for voters at the poll yesterday in several of those states (IL, MS, UT, NY) which we cover first today. Thankfully, they were fairly limited --- at least so far --- and not terribly egregious.

Then it's on to our curated and wholly incomplete coverage of noteworthy races in a number of those states, some of which may be quite telling regarding November and the so-called "Conventional Wisdom" that Democrats are due for a drubbing. That's what history tells us, of course, about the party in power for midterm elections during the first term of an unpopular President. But, given these exceedingly unconventional times, it'd be a sucker's bet and political malpractice --- for Democrats and democracy itself --- to simply presume history will repeat itself this fall.

Among the many results of note covered today: losses for 2020 election deniers and alleged criminals (like Tina Peters, the indicted County Clerk in Mesa County who lost her GOP primary for Sec. of State bigly, even in her own home county) in CO; losses for corrupt climate change deniers and disgraced former Trump officials (like his scandal-plagued EPA Administrator, Scott Pruitt who came in fifth in a GOP primary for the U.S. Senate) in OK; both wins and losses for loyalist Trumpers and anti-choice zealots in IL and CO (with Dems hoping they'd win their GOP nominations, because they'd be easier to defeat in November); a crushing, if satisfying loss for Rudy Giuliani's son in NY; victories and losses for progressive candidates in several states; And, perhaps most notably today, some telling results from the one D vs. R race on Tuesday, a U.S. House Special Election in NE.

As expected, the Democrat lost that special U.S. House race in NE in an exceedingly Republican district in which the GOP candidate won by 22 points in 2020. But on Tuesday, the Republican won by just over 5 points. More interestingly, in the one Democratic-leaning County in the District held by Republicans since 1964, support for the Democrat spiked from +1 in 2020 to +13 on Tuesday, in the first head-to-head election between the two parties since 'Roe v. Wade' was struck down by the radical rightwing U.S. Supreme Court on Friday. Hopefully, Democrats have taken notice.

There are many mitigating factors that could result in this year's midterms defying history and expert predictions. That doesn't mean they will, but they certainly could, particularly if Democrats figure out how to appropriately activate both their base and those who are furious about SCOTUS stripping away a Constitutionally-protected individual right for the first time in our nation's history.

Initial polling in the wake of Roe's demise find the SCOTUS opinion to be exceedingly unpopular with Democrats, of course, but also with independent voters and even a fairly large chunk of Republicans. We take a look at some of those very interesting tea leaves on today's program and what they could mean for November.

Finally, we close with Desi Doyen and our latest Green News Report, in advance of what is probably very bad news indeed for both the climate and the EPA coming from our corrupt Supreme Court tomorrow! But, for today, we've got news about what sparked New Mexico's largest-ever wildfire; Japan's electric grid facing stress under historic record heat; a new leftist climate hawk President for Colombia; and much more....

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What's the difference between a white supremacist mass murderer in Buffalo, NY and a GOP candidate for the U.S. Senate? Well, in terms of their racist rhetoric not a heck of a lot, it seems. That and many more reasons to both pay close attention and be skeptical of "conventional wisdom" regarding this November's critical midterm elections on today's BradCast, as American Democracy v. Violent Strongman Authoritarianism is most definitely on the ballot in every state this year. [Audio link to full show follows this summary.]

Among the stories underscoring all of that on today's program...

• A number of the attorneys who helped Donald Trump try to steal the 2020 election have had their law licenses suspended or are facing permanent disbarment. One attorney who has yet to be held accountable in any way, however, is Sen. Ted Cruz, who volunteered to represent Trump in two different bogus election challenges before the U.S. Supreme Court; knowingly spread false claims of fraud; and then voted against certification of Joe Biden's Electoral College victory even after Trump's deadly insurrection at the U.S. Capitol. A bipartisan group is now hoping to change that. This week, they filed a complaint with the State Bar of Texas, seeking an investigation into possible disbarment for the sleazy Texas Senator/still-licensed attorney.

• Speaking of sleazy still-licensed Texas attorneys, the state's chief law enforcement officer, Attorney General Ken Paxton now says he has been sued by the Texas State Bar for misconduct. Paxton has already been charged with several securities fraud felonies; is being investigated by the FBI for abuse of power and bribery after a federal criminal complaint by eight of his top former deputies; and brought a laughable case to the U.S. Supreme Court seeking to toss the 2020 election results in four states that were not Texas. It is for his help in trying to steal the election for Trump at SCOTUS that has resulted in the state Bar's lawsuit against him. Paxton is running for re-election anyway. On Tuesday he's in a runoff election with the state's Land Commissioner George P. Bush (the very Trumpy son of Jeb and nephew of the guy who made "one of the biggest Freudian slips of all time" at Southern Methodist University yesterday.) No sooner did Paxton get sued by the state bar then he turned around and opened an investigation into the Texas Bar Foundation for "facilitating mass influx of illegal aliens" --- ya know, the stuff that racist "great replacement" conspiracy theories are made of.

• And speaking of the racist "great replacement" conspiracy theory, as repeatedly cited by the white supremacist domestic terrorist who murdered 10 and wounded 3 others in a Buffalo supermarket in a predominantly black neighborhood last weekend, a whole bunch of Republicans running for the U.S. Senate this year have been using nearly identical rhetoric to that racist murderer for a very long time. The once-fringe, now mainstream rightwing theory claims that Democrats are hoping to replace white American voters with immigrants, Jews and people of color to control the electorate with one-party rule. Or something. And, in the wake of Trump's embrace of white nationalism as President, AP highlighted a bevvy of mainstream GOP Senate candidates this year --- either running for reelection or for the party's nomination --- whose rhetoric on immigration directly echoes the same baseless, racist fear-mongering. Their list includes Blake Masters in Arizona; A.G. Eric Schmitt and disgraced former Gov. Eric Greitens in Missouri; GOP Senate nominee J.D. Vance in Ohio; and two-term U.S. Senator Ron Johnson of Wisconsin. The full list of elected and hopeful GOP officials who also espouse rhetoric shared by rightwing domestic terrorists is obviously much, much longer.

• And speaking of domestic terrorists, the U.S. House passed the Domestic Terrorism Prevention Act (again) on Wednesday. All Democrats voted for it. Every Republican, except for retiring Illinois Rep. Adam Kinzinger, voted against it. Democrats vow to bring it up in the Senate next week. It may be a heavy lift over the undemocratic 60-vote filibuster threshold in the upper chamber. Too bad it wasn't called the Domestic Terrorism by Non-White People Prevention Act. It might have easily passed in both chambers, as most legislation related to terrorism that doesn't target white supremacists tends to.

• And, speaking of extremism, on Thursday, the Oklahoma legislature passed a new law that, if signed by the Governor, would ban nearly all abortions starting at fertilization, which would make it the nation's strictest abortion law. It would also, in turn, make certain forms of birth control --- like IUDs, The Bill, Plan B, which don't necessarily prevent fertilization, but prevent implantation of a fertilized egg --- a form of "abortion" or, in Oklahoma, a homicide. More Republican-controlled states are likely to follow suit, despite the vast majority of Americans who support abortion rights. Please keep all of this in mind in November.

• And, speaking of this November, polling last month from the Harvard Youth Poll suggests --- contrary to "conventional wisdom" --- that young voters are very eager to vote this year. The number who say they are "definitely" voting in the 2022 election is almost identical to the number who said same before the 2018 "blue wave" election. That could be good news for Democrats. Again, please ignore "conventional wisdom" in these decidedly unconventional times.

• And, speaking of young people, even in deep "red" Wyoming, they don't dig attacks on LGBTQ+ people --- yes, even trans people --- as the state's U.S. Senator Cynthia Lummis found out the embarrassing way during a commencement address she gave over the weekend at the University of Wyoming. It took a while, but now she "apologizes" if she offended anyone with her remarks that were broadly booed during the speech at the school once attended by Matthew Shepard, the young gay man who was brutally beaten and left to die on a fence nearly 25 years ago. He became one of the namesakes of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

• And, speaking of civil rights for all --- and of keeping Big Government and the GOP's stolen and packed Supreme Court out of our bedrooms and doctor's offices --- support for abortion rights has reached a record high in a new NBC News poll following the leak of SCOTUS' draft opinion overturning Roe v. Wade and its 50 years of protection for reproductive rights. The poll also finds support for same-sex marriage (perhaps next on the chopping block after Roe's Constitutionally established right to privacy is killed) at an all time high, while approval for the High Court is at an all time, 30-year low in this particular poll.

• Finally, speaking of nothing but disturbing news....Desi Doyen joins us for too much of it in our latest Green News Report...

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It's your friendly, reliable guest host NICOLE SANDLER in for Brad and Desi today on The BradCast, as they begin a much-needed Spring Break. We've got some news of the day as usual, along with two timely guests for your listening pleasure. [Audio link to full show follows this summary.]

First, however, a few quick news items of the day. Among them: Ukraine's sinking of the Moskva, Russia's flagship in its Black Sea war fleet; and new anti-abortion laws being quickly enacted by GOP states in anticipation of this summer's U.S. Supreme Court ruling that may well end or, at least, severely restrict 1973's landmark Roe v. Wade precedent and its right to privacy for women seeking reproductive care.

Next, my conversation this week with my friend TANYA in Ukraine. I met her six weeks ago as Putin's war began, when I cold called the Friends Forever Hostel in Kyiv. We've been communicating ever since via text message. And, this week, we connected for the first time via video with Zoom. I'll share some of that conversation on today's program.

Finally, my discussion with AMY GAJDA, former journalist turned Tulane University Professor of Law and an expert on privacy and the media. We discuss her new book Seek and Hide: The Tangled History of the Right to Privacy on what is clearly an important topic these days.

Enjoy!...

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Justice isn't gonna demand itself, apparently. So we're happy (if that's the right word here) to continue doing it ourselves on today's BradCast, along with a bit of help from an actual, longtime homicide prosecutor. [Audio link to today's full show is posted below this summary.]

But, first up, the mess the perps have left us with. New COVID cases are on the rise again across much of the country in recent weeks, even as the death rate is falling. But deaths tend to lag infections, which has officials concerned as we head into the holiday season once again. We take the opportunity to catch up on where the nation is in that regard, with recommendations for all to get booster shots as soon as feasible, and fresh, empirical, conclusive evidence that masking up is still the best non-pharmaceutical defense against the disease for both the vaccinated and unvaccinated alike.

In slightly brighter news, of a sort, Oklahoma's Republican Governor actually did the right thing on Thursday, if only at the last minute, by granting clemency to 41-year old Julius Jones who had been scheduled to be killed by state the today for a crime that occurred more than 20 years ago. Just hours before he was to be put to death, Gov. Kevin Stitt converted his sentence to life in prison for a murder that Jones has insisted he had nothing to do with. His case gained notoriety following a three-part documentary produced by Oscar-winning actress Viola Davis that aired on ABC in 2018. The clemency was also appropriate after the state had paused its capitol punishments following horrifically flawed executions by lethal injection in 2014 and 2015. After restarting them last month, a 60-year old prisoner convulsed and vomited as he was killed.

But speaking of murder by the government, a week or two ago on The BradCast we were joined by our friend, author and progressive talk show host Thom Hartmann, to discuss his case for mass second degree murder against Donald Trump for what he described as the disgraced former President's purposeful mishandling of the COVID pandemic in 2020. Thom's case is largely predicated on evidence revealing that, after initially taking the coronavirus seriously, the Administration changed course once they came to believe the disease was far more fatal against minorities who lived in blue states --- in other words, those who were unlikely to vote for him last year anyway.

Since we spoke with Hartmann, there has been additional damning evidence unearthed against the Trump Administration's COVID response, released by the U.S. House Select Subcommittee on the Coronavirus Crisis, based on testimony from a number of both current and former Administration public health officials. The new information from those officials includes testimony, for example, from then White House COVID Task Force coordinator Dr. Deborah Birx, who reportedly believes that at least 130,000 lives could have been saved, had the the Administration taken appropriate action. Other officials have reportedly detailed how the White House blocked the CDC from sharing health guidance with the public while officials were even instructed to delete emails regarding directives on the pandemic response.

One of the maddening questions that arose during our discussion with Hartmann was why it seemed to be falling to a couple of radio hosts to even be building this public, legal case of accountability for mass murder by Trump in the first place. Where were the state prosecutors? Where was the Dept. of Justice and Attorney General Merrick Garland? Were we completely off-base in even suggesting criminal liability for mass homicide by a former President? That, as Hartmann conceded that he was, by and large, taking his best guess, as a layman, at whether charges for homicide by Trump should consist of first or second degree murder or something else entirely.

I heard from a number of folks after that program with thoughts on our conversation, including from several attorneys, two of whom had somewhat differing views on Trump's criminal liability. One suggested that, indeed, second degree murder charges seemed to fit the crime, while another felt that Trump had no direct culpability in the deaths of hundreds of thousands of Americans. Or, at least, that it would likely be very difficult to prove any such culpability. We share the thoughts from both today.

We also heard from others who noted there was, in fact, someone else making a public case to bring homicide charges against Trump for some time. Specifically, we were pointed to longtime Washington D.C. homicide prosecutor, Glenn Kirschner, who now has his own podcast called Justice Matters. Kirschner spent some thirty years prosecuting murder cases, eventually becoming D.C.'s chief homicide prosecutor. On today's program, we share a clip from a podcast he released last December, shortly after revelations that the Administration had largely given up on trying to stop the spread of COVID and were, in fact, hoping that it would spread widely in order to eventually achieve herd immunity. That, even as infectious disease experts believed at the time that reaching herd immunity would take years and, literally, millions of American deaths before enough of the population would have enough immunity to halt the spread.

At the time, Kirschner used his podcast to explain what he saw as a clear cut case of what he described as "criminally negligent" or "criminally reckless homicide" (noting that the crime has different names in various jurisdictions). He explained how both Trump and Vice-President Mike Pence, who headed up the White House Coronavirus Task Force at the time, were "criminally responsible for needless coronavirus deaths" by the end of last year and the deaths of some 350,000 Americans at that point.

In his December 2020 podcast, Kirschner shared his belief, as a former prosecutor, that both Trump and Pence met the tests for such charges. Today, we continue to ask if any current prosecutors --- whether at the state or federal level --- are actually working to build such a case. And if not, why not?

Finally, we're joined by Desi Doyen for our last Green News Report before next week's Thanksgiving holiday. (We'll be taking the week off in desperate need of recharging our batteries and making up for family time lost during the worst of the pandemic last year.) Among the stories covered on today's GNR: disastrous extreme flooding in the Pacific Northwest on the heels of disastrous and deadly extreme heat in the same region just months ago; the Administration's controversial court-ordered oil and gas lease sale in the Gulf of Mexico; and President Biden's trip to Detroit to this week to promote both his new infrastructure plan and new, American-made electric vehicles...

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