So long as there is a prospect for the issuance of a pardon by a Vice President once he/she becomes President, or the expiration of the statute of limitations while a President remains in office, the indictment of a sitting President may be the "only" constitutional means for ensuring "Equal Justice Under Law".

That conclusion, of course, is at odds with the official U.S. Department of Justice (DoJ) position that a sitting President cannot be indicted until after he/she leaves office. The DoJ's position is based upon the December 10, 2000 Opinion issued by the DoJ's Office of Legal Counsel (OLC), citing an earlier OLC opinion that "the institution of criminal proceedings 'would interfere with the President's unique official duties, most of which cannot be performed by anyone else.'"

But that position is flawed and is being challenged by a number of legal scholars, including Harvard Law Professor Laurence Tribe, a preeminent constitutional expert, whose famous former students include Supreme Court Chief Justice John Roberts and President Barack Obama.

In a December 10 Boston Globe op-ed and during a subsequent appearance on MSNBC's Last Word with Lawrence O'Donnell (see video below), Tribe noted that the long-controversial OLC opinion lacks the force of a judicial precedent and is at odds with the legal accountability required of all federal officers, including the President...

On today's BradCast: Lock him up! Plus a whole bunch of November 6 midterm fallout, follow-up and fraud. [Audio link to show follows below.]

Yes, despite his many desperate and ever-shifting attempts to explain (lie) his way out of it, all evidence demonstrates that Donald Trump quite clearly committed a major, indictable, campaign finance felony in his hush-money payoffs before the 2016 election to women with whom he had had sexual affairs. We're joined today by longtime campaign finance expert CRAIG HOLMAN of Public Citizen for a very sober, clear, point-by-point explanation of Trump's apparent crime in this matter and what can (or, at least should) be done about it.

Holman methodically debunks each of Trump's various claims --- offered via both Fox "News" and on Twitter --- in the wake of the criminal sentencing in federal court on Wednesday, of his longtime personal attorney and "fixer" Michael Cohen. Cohen pleaded guilty for, among other things, facilitating the illicit, covert payoff scheme "directed" by Trump to cover up the trysts so they wouldn't adversely effect his 2016 election chances. Holman elaborates on how any other elected federal official would "absolutely" be indicted for the exact same unlawful scheme.

"Every other government official is subject to the laws of the nation, just like you and I. And we have seen many members of Congress, for instance, and other Executive Branch officials face indictment, prosecution and even imprisonment for this type of felony behavior," he tells me.

The only thing preventing similar accountability for Trump, Holman argues, is the controversial opinion from the Justice Department's Office of Legal Counsel (OLC) which states that a sitting President may not be indicted on criminal charges. But, Holman says, citing recent arguments from Richard Nixon's former counsel John Dean, that's precisely what the U.S. Constitution's 25th Amendment was already designed to handle.

"The entire rationale behind [the OLC opinion] it is that indicting a President would incapacitate the Executive Branch, and therefore you just can't indict a sitting President," he says. But "we've got the 25th Amendment in the Constitution, and that sets up an entire transition period if the President becomes incapacitated. So there is no incapacitation. We know the transition. So the president should be subject to indictment."

Beyond the protection of the OLC opinion, Holman notes one very narrow potential argument that Trump might otherwise be able to use to avoid try and avoid legal accountability. But, he concludes, "The evidence is overwhelming that our President committed a felony."

In other news today, Wisconsin's rejected Republican Gov. Scott Walker signed a sweeping host of bills --- adopted with lightning speed by the gerrymandered GOP state legislature in an extraordinary lame duck session --- designed to undermine the Executive powers of incoming Democratic Governor-elect Tony Evers, and Attorney General-elect Josh Kaul, as well as the state's voters. At least one lawsuit in response has already been announced to challenge the new provision that restricts Early Voting in the state. A similar provision was ruled unconstitutional by the federal courts in 2016 (as we discussed recently with the plaintiff in that case.)

In Michigan, Republican Gov. Rick Snyder, also soon to be replaced by a Democrat, signed several bills on Friday that similarly undermine voters.

In North Carolina -- where Republicans invented these very types of unprecedented lame duck power grabs back in 2016 --- the GOP absentee ballot election fraud scandal that has, so far, prevented the certification of Republican Mark Harris' reported 905-vote "victory" over Democrat Dan McCready in the state's 9th Congressional District, may be spreading to a completely different U.S. House District. In Columbus County, in the state's 7th CD, there was reportedly an even larger percentage of mysteriously unreturned absentee ballots from Democratic voters than that which originally sparked the 9th CD's ongoing election fraud probe. In Columbus, a Republican candidate for Sheriff is said to have unseated the Democrat Sheriff by by just 37 votes after hiring the same GOP contractor at the center of the NC9 absentee ballot fraud allegations. As we've been reporting, evidence revealed during the ongoing investigation in NC9 will, almost certainly at this point, result in a new U.S. House election there.

Finally today, in Maine, incumbent Republican Rep. Bruce Poliquin saw his Constitutional challenge to the state's new Ranked Choice Voting system rejected by a Trump-appointed federal judge on Thursday. On Friday, he called off the ongoing hand-count he had requested in his 2nd Congressional District race. Poliquin, after winning the most votes in the first computer tally by more than 2,200 votes, failed to win a majority. In the next round of counting, after voters' second place choices were redistributed to other candidates according to the computerized RCV algorithm now used to tally ballots in the state, Democrat Jared Golden was declared the winner of the November 6th contest. The complicated RCV hand-count began last week and, until ended by Poliquin today, was otherwise expected to continue for several more weeks. The outgoing Republicans says he is still mulling an appeal to the federal court ruling.

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Among the many messes covered on today's BradCast [Audio link to full show is posted below]...

• Trump can't seem to find anyone who wants to be his new Chief of Staff. So, his son-in-law Jared Kushner now appears to be in the running;

• Trump finally responded (on Fox "News", naturally) to Wednesday's news that his former personal lawyer and fixer Michael Cohen received a three year prison sentence after cooperating with federal investigators and pleading guilty to a number of felonies. The charges include an illegal 2016 hush-money payout scheme to women said to have had sexual affairs with Trump, which Cohen and the prosecutors describe as having been "directed" by Trump in violation of campaign finance laws. Trump now says it wasn't unlawful, but if it was, it was only a civil, not criminal violation --- and that he didn't do it in any case, but if he did, it was all Cohen's fault --- and that Cohen only pleaded guilty to it as a favor to federal prosecutors in order to "embarrass" Trump. Or something. Got it?;

• Meanwhile, a federal government shutdown next week before Christmas is looking increasingly likely. After Trump's televised Oval Office tantrum with Nancy Pelosi and Chuck Schumer earlier this week over funding for his Border Wall, it's become apparent that Republicans in Congress currently have no plan to avoid a shutdown next week after Trump declared during the meeting that he would happily take the blame for such a shutdown. Even in the House, where Republicans still hold a large majority until January, they seem unable to pass a version of a spending bill that includes funding for the wall that Trump repeatedly promised Mexico would pay for;

• In Kentucky, taking a page from Trump, Tea Party Republican Governor Matt Bevin released a bizarre video on Twitter Wednesday night, attacking the Louisville Courier-Journal for their new partnership with independent, non-profit investigative reporting outlet ProPublica. Bevin charges ProPublica is a "far-left" organization secretly funded by "George 'I Hate America' Soros" and, therefore, everyone should "disregard" the reporting from the Courier-Journal. ProPublica responded to the charges, and suggests a recent damning exposé by the paper finding Bevin hired an old friend for a top IT job in the state and gave him a $215,000 raise after less than a year, is just one of the reasons Bevin may be hoping Kentuckians stop reading the paper;

• In North Carolina, the mess created by the GOP absentee ballot election fraud scandal in the state's 9th Congressional District continues. Republican lawmakers, on Wednesday, passed legislation that would allow the State Board of Elections to call not just a new general election for the U.S. House in NC9, but for a new primary as well, following evidence of absentee fraud in both elections this year by a GOP contractor hired by Mark Harris, the Republican candidate. Harris is said to have defeated incumbent Congressman Robert Pittenger by just over 800 votes in the May GOP primary and his Democratic opponent Dan McCready by just over 900 votes in the November midterm. State Republicans seem to now be conceding that both races were tainted with fraud by their candidate and will now require a do-over;

• In Michigan, GOP lawmakers are scrambling to pass a measure in the lame duck session that would make it much harder for voters to place statewide initiatives on the ballot. That's just one of several ongoing efforts by Republicans in the state to strip power from voters and the Executive Branch before Democrats can be sworn in as Governor, Attorney General and Secretary of State next month.

• And finally, in The Arctic....well, Desi Doyen joins us for the latest Green News Report to detail that frightening and worsening mess, along with several others...

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On today's BradCast: Trump appears now to be in very big trouble. So do Republicans in North Carolina's 9th Congressional District. But President Obama's Affordable Care Act soldiers on, even as signups are down as the open enrollment period for 2019 on the federal HealthCare.gov exchange quietly nears its close on Saturday, December 15th.

On Wednesday, Donald Trump's former personal lawyer and 'fixer' Michael Cohen was sentenced to three years in prison and some $2 million in fines after cooperating with federal prosecutors following guilty pleas to several felonies in August. Special Counsel Robert Mueller's team noted that Cohen has been helpful in their probe of Trump's still-unexplained relationship with Russia, but it was the charges brought by federal prosecutors against Cohen in New York's Southern District related to hush-money payoffs to women with whom Trump was said to have had sexual affairs that most immediately appears to cook Trump's goose.

Both Cohen and the federal government now allege that Trump, in the waning days of the 2016 campaign, "directed" a conspiracy to pay off the women in order to buy their silence in an illicit scheme to "influence the election". Those payoffs of $130,000 to porn actress Stormy Daniels and $150,000 to Playboy model Karen McDougal (via National Enquirer publisher AMI) are considered illegal campaign contributions.

Also on Wednesday, prosecutors announced a non-prosecution agreement with AMI, run by longtime Trump pal David Pecker, in exchange for their cooperation in the case. As discussed on today's show, Trump now appears to be in very VERY big trouble, at this point. If the man who helped make the payoffs at Trump's "direction" --- who had also cooperated with investigators --- received three years in prison for his crimes, imagine what may happen to the man who actually directed the conspiracy.

While there are still a number of potential escape hatches such as the Presidential pardon power for Trump, his associates, his family members and his businesses, a new interview with incoming New York state Attorney General-elect Letitia James suggests she has that base covered as well. James says she intends to "use every area of the law to investigate President Trump and his business transactions and that of his family as well" at the state level, including "anyone" in his circle who may have violated state law. Trump's businesses and campaign are based in New York. James tells NBC she intends to bring state charges in an attempt to ensure Trump, his associates, his family and his various organizations are unable to evade accountability with Presidential pardons at the federal level.

In North Carolina, meanwhile, fresh revelations continue to emerge regarding the 9th Congressional District election which is at the center of an ongoing GOP absentee ballot election fraud scandal. New details in that matter today include the state Republican Party's admission that a new election will most likely be needed, following news this week that Early Voting results in Bladen County were reportedly leaked, illegally, in advance of the November 6th election.

Moreover, a new affidavit from a Republican now charges that McCrae Dowless, the GOP contractor hired by Republican Mark Harris to run his absentee ballot campaign in Bladen, where the fraud scheme appears centered, told him that he (unlawfully) had as many as 800 absentee ballots in his possession prior to the election. What came of those ballots we don't yet know, but Harris is said to have defeated Democrat Dan McCready by just 905 votes in the 9th District last month. At this point, I see no way that a new election in the district can be avoided, other than simply naming McCready the winner.

Also today, we're joined by ALICE OLLSTEIN, formerly of Talking Points Memo, now a congressional reporter at Politico, to discuss the nearly 10 percent drop off in signups this year for the Affordable Care Act (ObamaCare), as the federal open enrollment period comes to a close this weekend. "It's not high prices that are deterring people," Ollstein argues, citing a key piece of data to back that up, before explaining the several different reasons why signups are down this year so far, and how that may affect the future stability of the federal exchanges.

With Democrats set to take the majority in the U.S. House in January, Ollstein also details their dilemma in how to best defend against a federal lawsuit brought by several Republican-controlled states (and now supported by the Trump Administration) hoping to kill the landmark ACA and its vital protections for those with preexisting conditions...

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On today's BradCast, I'm your host - Angie Coiro, host of In Deep with Angie Coiro.

Donald Trump's tweet fingers were a'twitchin', as he tried to keep up with the flow of Mueller investigation news while churning out headlines of his own. For starters, he made three key appointments/nominations:

• Army head General Mark Milley will move over to chair the Joint Chiefs of Staff;
• Former H.W. Bush Attorney General William Barr is up for confirmation as Trump's next A.G.;
• Former Fox 'News' talking head Heather Nauert is up to replace Nikki Haley as UN ambassador.

I've got the whys and wherefores on those for you. Also, Trump went into rage mode at word of his former Sec. of State Rex Tillerson's very frank discussion on Thursday at a public interview with CBS news veteran Bob Schieffer. Tillerson's explanation of Trump's incomprehension of basic issues, along with his trademark lack of discipline, provoked high-minded Trump tweets calling Tillerson "dumb as a rock" and "lazy as hell".

The BBC has a good basic rundown if you're trying to catch up with the case of Chinese telecom Huawei's alleged spying. I bring you the highlights plus updated news.

Meanwhile, a Swiss paper has published a conversation with Fox's Tucker Carlson who damned the White House occupant as "incapable" of fulfilling his promises. And he went further: "I don't think he's capable of sustained focus. I don't think he understands the system. I don't think the Congress is on his side. I don't think his own agencies support him."

Then, legal expert and journalist LARA BAZELON joins me to discuss her work on restorative justice for wrongly-convicted parolees. She's covered the topic for years for Slate.com, and has now released a book called Rectify. The full version of our conversation will be posted here over the weekend. Don't wait for that, though - I've brought you a big chunk of it right here on The BradCast!

Plus, so much more! It's a bellyful of news today. Check it out!...

Download MP3 or listen online below...

On today's BradCast: The complicated death of a U.S. President during the Trump-era and fresh updates on several midterm election count controversies, fiascos and fraud investigations. [Audio link to show follows below.]

First up: George H.W. Bush, the 41st President of the United States died on Friday. Remarkably enough, there was a question as to whether Donald Trump, the 45th President of the United States would attend his memorial service, given his obnoxious attacks on the Bush family in recent years, as recently as this past summer. Reportedly, Trump will attend, even after making Bush Sr. the butt of campaign rally jokes just months ago. We review parts of Bush Sr.'s legacy today --- without either dancing on his grave or lionizing --- particularly on the environment, while leaving the more unsavory parts of that legacy to callers who ring in with their own thoughts on "41".

Also today, updates on several recent stories we've been closely following of late, including a state House District contest in Alaska that was tied after the initial tally and then "recounted" on Friday, with control of the entire state legislature hanging in the balance. The state's "recount" of hand-marked paper ballots was carried out by hand late last week, and also ended in a tie, until one previously untallied ballot was added after finding that it had been wrongly excluded from the count. That one vote was enough to hand the election to Republicans and, with it, the full reigns of state government to the GOP which now controls the state House, Senate and Governor's mansion. We explain.

In another follow-up from Friday's show, a lawsuit filed by the Democratic Party in Georgia was settled late last week to allow more time for absentee ballots to be received in Tuesday's crucial midterm runoff elections was resolved in favor of voters. With the state's next Secretary of State on the line in the runoff, scores of counties had waited until just one week before Election Day to mail out absentee ballots, requiring that they be returned by Election Day on December 4th. An agreement with the state now allows such ballots to be tallied, as Democrats had sought, so long as they are post-marked by Election Day and arrive up to three days afterward.

Finally today, still more new details on the growing GOP election fraud scandal in North Carolina, which has kept a reported 905-vote Republican U.S. House "win" from being certified by the State Board of Elections. New details have emerged on the rather stunning criminal record of GOP contractor McCrae Dowless [pictured above right], who was hired to run an absentee ballot campaign in NC's 9th Congressional District in Bladen County on behalf of GOP candidate Mark Harris. Analyses of absentee ballots both returned and, mysteriously, not returned, reveal inexplicable irregularities in both the 2018 GOP primary and the general election. In both cases there are now more and more indications of a massive absentee ballot fraud scheme that may have affected the final results.

The controversy and likely criminal investigations come after evidence from the 2016 election suggested Dowless ran a similar absentee scam in that election as well. Dowless, according to police records, spent time in jail from an outrageous life insurance fraud scheme in the 1990s. So, naturally, he was hired by the GOP to work on their elections in 2016 and 2018. We discuss some of those stunning new details in a state where Republicans, ironically enough, have been claiming for years that new restrictions are needed at the polling place in order to deter fraud by Democrats!...

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On today's BradCast: Another guilty plea and more trouble for Donald Trump; More details from the newly revealed North Carolina election fraud mystery; And, Maine's first statewide Ranked Choice Voting election predictably results in a challenge, confusion and a "recount". [Audio link to full show follows below.]

First up, in a surprise new guilty plea in Robert Mueller's Special Counsel probe on Thursday. Trump's former personal lawyer and "fixer" Michael Cohen pleaded guilty today to lying to Congress multiple times last year about a proposed plan to build a luxury condominium complex in Russia. He said he did so to protect the President. In papers filed in federal court on Thursday, Cohen revealed that Trump's attempt to make a deal for a Trump Tower in Moscow continued until at least June of 2016, after Trump had already clinched the GOP nomination for President and many months later than previously known. That, despite Trump's repeated claims during the campaign and after that he had no business with Russia.

The President responded today by calling Cohen "weak", describing him as a liar, and pretending that these details were already publicly known. (They weren't.) But if the written answers Trump submitted just last week to Mueller in response to a series of questions in the Special Counsel's Russia probe are in conflict with the information and evidence detailed by today's guilty plea and court filing, it could raise serious new legal issues for his increasingly erratic and manic Presidency.

Then, we have a number of new details today in the stunning mystery regarding the U.S. House election in North Carolina's 9th District, which the State Board of Elections declined to certify earlier this week after an objection from a Democratic board member. Republican Mark Harris reportedly defeated Democrat Dan McCready by 905 votes out of more than 280,000 cast in the contest. But the state board unanimously voted 9 to 0 to delay certification only in that House race, due to allegations of "unfortunate activities" which, the Board member charged, have been "ongoing for a number of years."

Today, we learn that state investigators are eyeing absentee ballot applications and envelopes in at least two counties in NC-9, one of which had an extraordinarily high rate of absentee votes, as well as absentee ballots that were never returned to the counties. Moreover, a new analysis finds "unusual" absentee numbers in the GOP primary as well, back in May, when Harris is said to have defeated incumbent Republican Rep. Robert Pittenger by just 828 votes. All of this in a state were Republicans, ironically enough, have long (falsely) accused Democrats of fraud and have worked for years (in repeated violation of federal law) to make it more difficult for them to vote.

Next, Republican Rep. Bruce Poliquin has filed for a "recount" in Maine's 2nd Congressional District, after winning the first round of vote counting, but ultimately losing the election to Democratic challenger Jared Golden in the state's first Ranked Choice Voting election. Poliquin's campaign accurately charges that the tabulation relied upon a "black-box" voting system and "computer algorithm" that "no one is able to review".

They argue that the RCV scheme "confused and even frightened" voters who felt their votes "did not count due to computer-engineered rank voting". This predictable outcome, of course, is just one of the reasons we've long warned against the use of RCV, despite many progressives who support the virtually unoverseeable voting scheme which allows voters to rank their choices, and reassigns second choice votes to other candidates if nobody obtains a majority in the initial round of counting. (Feel free to leave your hate comments below. Though please look at Approval Voting first, as a workable, publicly overseeable, hand-countable and far less confusing alternative.) Poliquin's campaign says they've filed for "a traditional ballot recount conducted by real people". Due to the complicated nature of RCV elections, a multiple-round hand-count could take as long as a month, according to state officials, potentially delaying Golden's expected swearing in to the U.S. House on January 3.

Finally, Desi Doyen joins us for our latest Green News Report with a new report from the U.N., finding the world is not on track to avoid the worst impacts of climate change, Amazon's new HQ is in a flood zone, House Dems introduce legislation for a price on carbon and Australia is now facing massive wildfires, heat, and flooding as our global climate crisis continues to worsen...

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On today's BradCast, we fly through a mountain of incoming stories (with the help of a great guest!) as the news gods seem to be unleashing a tidal wave in advance of the Thanksgiving Day holiday. [Audio link posted below. Buckle up before clicking.]

Among the ridiculous number of stories covered today...

• Five are dead after three shootings in three different states over the past 24 hours;
• Despite warning of an "invasion" on the U.S. southern border by a migrant caravan from Central America prior to the midterm elections, now that the elections are done, the Trump Administration is reportedly withdrawing more than 5,000 military troops they had deployed to the border just weeks ago;
• The President's daughter and senior adviser Ivanka Trump reportedly sent hundreds of government related emails via a private email server over the course of 2017 in the months following her father's election in which he repeatedly called for his opponent, Hillary Clinton, to be "locked up" for doing the same thing. Ivanka's husband, Jared Kushner, also a senior adviser to Trump, reportedly used the same private server for government-related communications.

On the election results front...

• Republican Rep. Will Hurd has reportedly squeaked out a victory over Democratic challenger Gina Ortiz Jones in Texas' 23rd Congressional District. The contest was among a handful of still-undecided races;
• At the same time, Democrat Ben McAdams appears to have pulled back into the lead over GOP Rep. Mia Love in Utah's 4th Congressional District, where it now appears McAdams will be the victor by fewer than 700 votes out of some 270,000 tallied, flipping yet another U.S. House seat from "red" to "blue". The final margin is reportedly 0.258%, just above the 0.25% that would have allowed Love to request a recount in the otherwise ruby "red" state.
• When the few remaining undecided U.S. House seats are called, Democrats appear on track to have picked up an extraordinary 39 seats in their "blue wave".
• One of the three still-undecided House races is in Georgia, where this year's Libertarian candidate for Sec. of State has now endorsed Democratic candidate John Barrow in the upcoming December 4th runoff against Republican Brad Raffensperger to replace GA's vote suppressing Sec. of State, now Governor-elect Brian Kemp;
• In Wisconsin, Democrats won every single statewide race on November 6th, including Governor (unseating Scott Walker) and U.S. Senate. They also outvoted Republicans in State Assembly races by 8 percentage points, 54 to 46 percent. Nonetheless, thanks to the GOP's extreme partisan gerrymandering in the Badger State, Republicans will hold 63 seats to the Democrats' 36 in the new Assembly;

The great (and newly wed!) MARK JOSEPH STERN, legal journalist at Slate, joins us to discuss how voters pushed back against gerrymandering this year by approving ballot initiatives --- and other measures --- in several states on November 6th, in an attempt to restore fair(er) elections in the wake of the U.S. Supreme Court opting to not strike down partisan gerrymanders as unconstitutional in states such as Wisconsin and North Carolina earlier this year. Among the many other issues we fly through with Stern today, on which he offers his as-always cogent legal insight...

• Ivanka and Hillary's email issues (Stern hopes a Democratic House investigation will result in real reform to the "arguably improper" if not unlawful use of private email by officials like Trump and Clinton, though not in the opportunistic political fashion that GOPers previously dealt with the issue);
• Trump's appointment of GOP operative Matthew Whitaker as Acting Attorney General (which Stern describes as blatantly "illegal" and, he believes, very likely to be struck down by the Courts). He also describes the DoJ's legal defense of the maneuver as "laughable";
• A federal court on Monday night blocked the Trump Administration's new regulation denying asylum claims by immigrants who fail to present themselves at a port of entry (Stern explains the judge found the Administration's new rule to be in strict violation of federal laws, and predicts that even Chief Justice John Roberts, based on similar rulings he made against the Obama Administration, will be forced to agree when the case reaches SCOTUS);
• The decision by a Trump-appointed federal judge to order the White House to restore press credentials to CNN's Jim Acosta (Stern is impressed with the Trump judge's anti-Trump ruling, I remain a bit more skeptical);
• And how (and why) Trump's controversial new Justice Brett Kavanaugh has, so far, laid low by not yet fuly tossing in with the Court's nihilist right-wing caucus.

Finally, Desi Doyen joins us for our latest Green News Report as the catastrophic wildfires continue to burn in California, Trump shows up to make things worse, and a coming turn in the weather signals both good news and bad for firefighters and recovery workers amid the record disaster...

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It's the final day before Election Day polls open for the crucial 2018 midterms, and I hope you'll not believe a word about what you are hearing regarding who may or may not win or lose. In fact, for many reasons discussed on today's BradCast, nobody actually knows. And, given the way we tally votes in this country, it's possible nobody will ever know who won or lost, no matter whether Democrats or Republicans end up taking control of the Senate, the House or dozens of Governors' mansions across the country. [Audio link to show is posted below.]

But, over the weekend, amidst one of the nation's most hotly contested gubernatorial races, it was revealed by independent online news outlet WhoWhatWhy, that Georgia's entire voter registration database is completely vulnerable online such that "even a low-skilled hacker" could compromise all registrations in the state via its online My Voter Page portal. The stunning security hole allows any voter registration to be easily changed --- or even cancelled entirely --- as recently as this weekend, just hours before Election Day polls open on Tuesday for our crucial midterms.

The information about the vulnerability, as the outlet's Jordan Wilkie and Timothy Pratt reported first exclusively, came from an astute observer in Georgia who notified the state Democratic Party when he discovered the problem. In turn, the Dems notified U.S. intelligence officials and Georgia's Republican Sec. of State Brian Kemp, who happens to be overseeing his own reportedly very close race for Governor against Democrat Stacey Abrams. By Sunday morning, incredibly enough --- and without providing any evidence whatsoever --- Kemp released a statement falsely accusing the Democratic Party of Georgia of cybercrimes, suggesting they had attempted to hack the state's online voter registration database.

Shamefully, the corporate media ran with Kemp's claims. It would be hours before the actual facts of the matter were picked up, if at all, by those same media outlets who could simply have read WhoWhatWhy's original exclusive for details on what had actually happened in the first place.

We're joined today by MARILYN MARKS, Election Integrity champion and the Republican founder of Coalition for Good Governance, a non-partisan organization which has been taking Kemp to court countless times over recent months regarding his failed oversight of the state's 100% unverifiable touchscreen voting system, his voter roll purges of legitimate voters, and his rejection of absentee ballots from disproportionately African-American voters.

Her group was among the first to learn of the stunning online registration system vulnerability and help alert WhoWhatWhy to the problem. Marks details how Kemp --- who has resoundingly lost several times in federal court over the past week alone --- has pulled the same, almost identical scam on the public in the past. She tells me that this is at least the third time that Kemp has falsely claimed whistleblowers who discreetly reported vulnerabilities they discovered in the state's electoral system are actually attempting to hack it. He did the same in 2016 before, six months later, the Dept. of Homeland Security's Inspector General finally found that Kemp's allegations were completely baseless. And he did so again in 2017, after a data researcher discovered the state's entire voter registration database, voting machine programming and administrative passwords had been left online before and after the 2016 Presidential election with no security protections.

Then, as now, Kemp falsely reported the matter to the FBI as a cyber crime. Marks also had a word or two for the media outlets which continue to credulously parrot Kemp's claims, despite the complete lack of evidence to support the allegations. Marks described the latest incident as a "total abuse of [Kemp's] position as Secretary of State".

All of that comes over the weekend, even as the Dept. of Homeland Security, according to the Boston Globe today, is said to have discovered an alarming rate of actual attempted hacks --- some which they say have had "limited success" --- of our electoral systems in the weeks leading up to Tuesday's election.

Next, a few words of advice about voting from Oprah Winfrey, before we open the phone lines to callers regarding why they will or won't be voting in Tuesday's midterms.

Oh, and here's Jennifer Cohen's article today at the New York Book Review, in which she quotes me a time or three regarding "What Could Possibly Go Wrong" both at the polls on Tuesday and on the computer tabulators which will tally ballots --- correctly or incorrectly --- in all 50 states on Tuesday night...

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On today's BradCast, the darkness continues, even as some rays of light appear in the electoral distance. [Audio link to show is posted below.]

On Monday, attorneys for one of three far-right militiamen convicted in a plot to bomb a Kansas apartment building that was home to over a hundred Somali Muslim refugees in late 2016, cited Donald Trump's anti-Muslim rhetoric during the President campaign as reason for shortening the man's life sentence. In sentencing documents, the lawyers charge that then-candidate Trump and videos from rightwing media personalities such as Fox News' Sean Hannity helped stoke their client's hatred "to 11".

On Tuesday, despite being told by victims' families, the city's mayor, and thousands of members of Pittsburgh's Jewish community that he was not welcome, Trump came to the city's grief-stricken Squirrel Hill neighborhood to visit the Tree of Life synagogue where 11 Jewish worshipers were gunned down during services on Saturday. Trump came to the city where he was not wanted today, even as the first funerals for victims got under way, because it reportedly fits in with his campaign schedule that otherwise includes political rallies around the country every day for the rest of the week until next Tuesday's crucial midterms.

The anti-Semitic, anti-immigration rightwinger charged in the Pittsburgh massacre had espoused anti-"globalist" rhetoric akin to those from the Trump fan charged last week with mailing bombs to more than a dozen top Democrats, philanthropists, media outlets and celebrities who had been vilified in recent months by the President. Both men had referenced the so-called Central American migrant "caravan" that Trump, Republican candidates and media outlets from the Right and non-Right have been focusing on over the past several weeks. The group of slowly walking refugees still remains some 1,000 miles from the U.S. border and is unlikely to arrive here for months, posing zero threat to the U.S. Nonetheless, on Monday, Trump ordered the immediate deployment of at least 5,200 more U.S. military troops to the border in advance of next week's election.

Despite the increasing wave of Rightwing violence, the President and the White House and Rightwing news outlets continue to cite the "caravan" as an existential threat. Former top Republican strategist Steve Schmidt unloaded on what has become of the GOP under Trump and the years-long barrage of Rightwing media propaganda. He describes "this whole caravan in the last week of the election" as "a giant lie" and as "Trump's Reichstag Fire".

We share the full, must-listen segment from his remarkable appearance on last night's All In with Chris Hayes on MSNBC, in which the former campaign chair for John McCain's 2008 Presidential run describes the GOP as having become no more than a "cult of personality...that is authoritarian in nature" and charges the "Rightwing propaganda machine industry" has "blood on their hands" after having "radicalized" those who are now committing violence against minorities and immigrants.

Then, just to lighten things up a bit, some election news out of Texas, where legal officials with the Beto O'Rourke (D) campaign tell me about their concerns regarding reports of votes flipping to Ted Cruz (R) on Democratic straight ticket ballots cast on 100% unverifiable Hart-Intercivic eSlate voting computers used across much of the state.

We've also got a bit of slightly brighter news from the Lone Star state, where threats of legal action have resulted in the expansion of early voting opportunities on the campus of Texas State University after students were turned away last week, and a rollback to new voter registration requirements recently imposed at the historically African-American Prairie View A&M University.

Finally, Desi Doyen joins us for the latest Green News Report with details on the serious environmental threat posed by this week's election of the hard-right Jair Bolsonaro in Brazil, and a number of important climate and environment initiatives that are on the ballot in several U.S. states on November 6th...

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On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]

But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.

"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.

Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.

Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.

Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.

"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.

"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."

"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."

He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."

Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...

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Perhaps our title for today's BradCast, which is a quote from North Carolina Governor Roy Cooper in advance of Hurricane Florence, should have its apostrophe removed. "Disasters at the Doorstep" may better describe the multiple disasters, breaking and otherwise, covered on today's show. [Audio link to full show follows below.]

It was the final primary election day of the year today, before the crucial November midterms, and we've got coverage of results out of Rhode Island, which voted on Wednesday, and problem reports out of New York, which voted on Thursday. But first, the latest on Hurricane Florence as she begins to make landfall on the U.S. southeastern seaboard and, while downgraded to a Category 2 as of air time, still poses an extraordinary and potentially catastrophic threat to millions of Americans from not just winds, but massive storm surge and rainfall (and a host of toxic threats to go with it.) That's the first, but hardly the only disaster covered on today's program.

Then, reported primary results from the final federal primary election of the year in Rhode Island on Wednesday, where a "computer glitch" via a third-party vendor who runs the state's DVM website imperiled thousands of voter registrations this week. Thankfully, in what may be one of the only disasters averted, as covered today, the problem was discovered in time for those voters to be properly added to the rolls before polls opened for Wednesday's elections. The largely "blue" state saw victories for both centrist and progressive Democrats alike. We report on a number of the noteworthy results.

The news may be less good for voters in New York, which is holding the final primary contests of the year for state and local offices --- their federal primaries were held in June. Problems are being reported today by voters in New York City who said they did not appear on the rolls at precincts today as expected or whose party registrations were inaccurate. Several closely watched contests by progressives are on the ballot, including actress Cynthia Nixon's Democratic primary challenge to Gov. Andrew Cuomo and progressive activist Zephyr Teachout attempt to win the Dem nod for state Attorney General.

We discuss what we know (and don't yet) about those widespread voter registration problems being reported today, which echo massive disenfranchisement problems during the 2016 Presidential primary between Hillary Clinton and Bernie Sanders in the Big Apple. That 2016 disaster was due to an unlawful purge of more than 100,000 voters by the NYC Board of Elections. However, despite persistent claims by many Sanders supporters to this day, no evidence exists to tie the illegal purge to either Clinton or the Democratic Party itself. The cause for what may --- or may not --- have happened today, remained even murkier as of airtime.

Next --- after disturbing breaking news out of Massachusetts where fires have exploded in at least 60 homes in three communities north of Boston, for still-unknown reasons, and out of Hawaii, where Tropical Storm Olivia has nearly topped an earthen reservoir, threatening thousands who live below its dam --- a brief, if angry rebuttal to Donald Trump's twisted and wholly fabricated claim today that some 3,000 Puerto Ricans did not die due to last year's Hurricane Maria in Puerto Rico.

Yes, the President of the United States is now a Maria Denier, claiming that Democrats are somehow behind the officially confirmed numbers --- which are higher than 2005's Hurricane Katrina or the 9/11 attacks --- and simply made them up to "make [him] look as bad as possible". We share the actual facts behind the (conservatively low!) numbers and some of the broad condemnation in response to his false claim from both Democrats and Republicans alike today.

Finally, Desi Doyen joins us for the latest Green News Report with more on the many threats posed by Florence, Trump's latest undermining of action meant to curb global warming, and a new dire warning from the U.N. Secretary General regarding the quickly growing threat of climate change...

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On today's BradCast, results, as reported by computer tabulators, from Tuesday's primary elections in Florida and Arizona and primary runoff elections in Oklahoma. Also, more details on what went so terribly wrong in Maricopa County, AZ which kept many voters from being able to cast a vote at all. Nevada's June primary disasters were far worse than reported. And an answer to at least one mystery regarding 2016 Presidential ballots in Michigan. [Audio link to complete show is posted at end of article.]

First up, among the noteworthy results we cover from yesterday's midterm primary elections...

• In Florida, progressive Tallahassee Mayor Andrew Gillum came from seemingly out of nowhere for an upset win of the Democratic nomination for Governor. If the Bernie Sanders-endorsed Democrat defeats the Donald Trump-endorsed Rep. Ron DeSantis in November, he'd become the state's first African-American Governor. That, as the current two-term Governor Rick Scott won his primary to vie for incumbent U.S. Senator Bill Nelson's seat, in what will likely become the most expensive U.S. Senate race this year (and, possibly, in U.S. history).

• In Arizona, establishment favorite Rep. Martha McSally held off two challengers from the hard right to win the GOP nomination to fill the seat being vacated by the state's retiring U.S. Sen. Jeff Flake (R). She'll face off against Democratic nominee Rep. Kyrsten Sinema in November for a seat that Dems believe they may be able to flip from "red" to "blue", even in a state like Arizona, in a very anti-Trump year. And Republican Gov. Greg Ducey --- who will soon name a replacement for the state's other U.S. Senate seat, vacated by the death of Sen. John McCain --- will now face off against David Garcia, a Latino and former educator who won the Democratic nomination for Governor, in a year in which teachers have walked out in protest of education funding cuts in so-called "red" states Arizona and Oklahoma. (Also of note, Republican Sec. of State Michelle Reagan lost her primary for re-election to the hard-right Steve Gaynor who is calling for English-only elections in AZ. Democratic nominee Katie Hobbs should see an opening there in the race to become the state's top election official)

• And, speaking of teachers and Oklahoma, it was a "bloodbath" in the primary runoff elections for incumbent GOP state legislators who voted against recent tax hikes to pay for new education funding. Just 4 of the 19 Republican state legislators who voted against the tax hike to give teachers a long-overdue raise have survived to run for re-election on this November's ballot.

Then, we turn to the massive problems at polling places in Maricopa County (Phoenix), AZ on Tuesday, as at least 62 polling places were unable to open for hours in the morning. It now appears that the reason was electronic pollbooks which were not properly set up, or set up at all, or which couldn't get Internet access. That effectively prevented voters from being checked in to vote on the County's hand-marked paper ballot voting systems (which use computer optical-scanners to tally votes.)

Remarkably, the County's Republican-majority Board of Supervisors rejected the recommendations of both Sec. of State Michelle Reagan (R) and Maricopa County Recorder Adrian Fontes (D) to seek a court order to keep polling places open for an extra two hours at precincts which failed to open on time on Tuesday.

As to the electronic pollbook disasters that kept them from opening in the first place, Fontes blames an IT contractor for not supplying as many personnel as promised for polling place installation and tech support. The contractor, Insight Enterprises, blames Fontes for being under prepared. What's clear for the moment is that voters --- potentially thousands of them --- were prevented from voting entirely because, once again, a voting jurisdiction has relied on oft-failed, mission-critical computer systems, supported by private vendors, to run our public elections without backup plans, such as paper pollbooks in this case.

We also learn this week that the failures reported during and shortly after Nevada's primary elections in June were much worse than officials and the private voting system vendor admitted to the public when the state's new, 100% unverifiable touchscreen voting systems failed across the state. A new report from the Reno Gazette-Journal, based on public records requests, finds that complaints about candidates missing from ballots and selections already filled in on the screen for some voters, were far more numerous than previously known. Nonetheless, election officials in the state are standing by their vendor (Dominion Voting, which took over for Sequoia Voting Systems) and, as the paper notes, parroting back talking points almost word-for-word from the voting machine manufacturer in hopes of minimizing the massive problems as little more than "human error" that did not effect reported results. (Sound familiar?) Evidence reported by the RGJ strongly suggests otherwise.

Finally, with the 22-month federal requirement for retaining all ballots and other elections materials from the 2016 Presidential election ending next week (September 8th), a voting rights group now known to be allied with the Democratic Party has requested copies of all 2016 general election ballots from the state of Michigan. The massive, and expensive, public records request should prevent the ballots, in that state at least, from being destroyed for now, after an attempt to hand-count them by Green Party Presidential Candidate Jill Stein was ended by a Republican court challenge in 2016. That, despite Trump's stunning, if unverified, upset win in the state by just over 10,000 votes and some 75,000 ballots said to have contained no vote for President at all, according to the computer-tabulated results. No such records request has yet been filed in either Wisconsin or Pennsylvania, however, despite the fact that had just three votes at each precinct in those three states been recorded for Hillary Clinton instead of Trump, she, not he, would now be President of the United States...

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Like the news cycle, we're all over the place on today's BradCast with politics, accountability and corruption news, democracy and voting news, green news and court news and much much more. [Audio link to show follows below.]

Among the many stories covered today...Some Democratic Senators are now refusing to meet with Donald Trump's U.S. Supreme Court nominee Brett Kavanaugh, following the convictions of Trump's campaign chair Paul Manafort and the guilty pleas of his personal lawyer/fixer Michael Cohen, implicating the President himself in a conspiracy to commit serious criminal campaign finance felonies.

On related fronts today: Trump has now finally admitted (after years of lies about it by him and his staff) that he did, in fact, make hush-money payouts to women before the 2016 election; Cohen's lawyer Lanny Davis offers more details on what his client may know regarding Trump's early knowledge of hacked DNC emails before they were released in 2016; and Trump's longtime friend David Pecker [pictured above], who runs the National Enquirer and helped kill stories about Trump's mistresses, is reportedly now cooperating with Special Counsel Robert Mueller after being granted an immunity deal.

Also, a Trump-supporting juror from the first Manafort trial says there was only one person on the jury who prevented him from being found guilty on all 18 counts of tax and bank fraud, versus the 8 on which he was found guilty. A mistrial was declared on the 10 other counts.

A new Reuters poll today finds that more than 70% of Americans now support a "Medicare for All" styled universal healthcare program, including a majority of Republicans. And a new poll from Fox "News" offers an avalanche of bad news for Trump and Republicans in advance of the 2018 midterm elections. (For example, Mueller is more popular than Trump by double-digits, and other numbers that may spell trouble in November.)

Speaking of which, following a public outcry, Randolph County, Georgia, whose two-person Board of Elections is set to vote on a proposal to close 7 of 9 polling places before the November election in the majority African-American county, now admits it has no evidence to support the claim that those precincts need to be closed due to violations of the Americans with Disabilities Act (ADA). Moreover, it has now fired the consultant --- hired on the recommendation of GA Sec. of State Brian Kemp (the Republican nominee for Governor this year) --- who urged the poll closures at, what he initially said, had been Kemp's recommendation.

Finally, Desi Doyen joins us for our latest Green News Report on the Trump EPA's deadly new proposed rule to replace Obama's landmark "Clean Power Plan", the Administration's spate of recent court failures blocking their attempts to overturn environmental protections, and the latest news on Hurricane Lane which is bearing down on Hawaii and threatening record rainfall among other potential dangers which, the Governor warns, could cripple the island for several weeks...

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On today's BradCast, the fallout, both political and legal, continues today after the extraordinary news events of the past 24 hours, when Donald Trump's former campaign chair Paul Manafort was found guilty of eight federal felonies and the President's longtime personal attorney and 'fixer', Michael Cohen, pleaded guilty to another eight, including two that implicate Trump in a serious criminal campaign finance violation conspiracy related to hush-money payoffs made to two women just before the 2016 election. [Audio link to show follows below.]

But all of that wasn't the only bad news for Trump and Republicans yesterday. Late on Tuesday, Rep. Duncan Hunter (R-CA) and his wife were indicted on 60(!) astonishing counts of fraud, conspiracy and campaign finance violations. Hunter was the second member of Congress to support Trump's 2016 run for President, after Rep. Chris Collins (R-NY), the first in the U.S. House to endorse him, was federally charged earlier this month with insider trading. Hunter's indictment may not be all that surprising if one is familiar with his (and his father's) track record of lying to the public. His previously-believed-to-be "safe" Republican House seat in his San Diego Congressional District may now be in peril.

All-in-all, it's starting to feel a whole lot like 2006, when a similar avalanche of failures and corruption by a GOP Administration and a scandal-ridden Republican House resulted in a "blue wave" election in November.

We're joined again today by Salon and Hullabaloo's award-winning opinion journalist HEATHER DIGBY PARTON, as we try to make sense of what feels, in her words, like "the weirdly unfamiliar impression that something real and recognizable had happened".

We discuss the fallout from the Manafort and Cohen guilty verdicts and pleas, including the new subpoena Cohen received today from the state of New York in the case against Trump's phony charitable foundation, and the remarkable statement from Cohen's attorney Lanny Davis last night, that his client "has knowledge on certain subjects that should be of interest to the special counsel," regarding Team Trump's infamous 2016 Trump Tower meeting with Russians and the "computer crime of hacking" that year. Davis now says Cohen is "more than happy to tell the special counsel all that he knows."

"Digby" shares her thoughts on what surprised her from the Cohen plea deal, what all of this may mean for the President, the GOP and Democrats just over two months out from the crucial 2018 midterms and for Brett Kavanaugh, Trump's nominee to the U.S. Supreme Court.

Also today, a rare, if very dangerous, Category 5/4 Hurricane Lane bears down on Hawaii and we cover noteworthy results from Tuesday's primary elections in very Republican Wyoming and occasionally-independent Alaska, where a three-way race for Governor could result in a Republican win this November...

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