Catching up with a weekend's worth of news in the Trump era plus the new Supreme Court decisions dropped on Monday is no easy feat. But we do our best, on today's BradCast, to get you up to speed after all of that and the madness yet to come (no doubt) this week. [Audio link to show is posted below.]

Among the stories covered today...

• A quick update on the case of anti-authoritarian author and journalist David Neiwert who we interviewed on Friday. Incredibly, his Twitter account is still suspended almost a full week since Twitter first took him down due to his use of a graphic on his profile from the cover of his most recent book, Alt-America: The Rise of the Radical Right in the Age of Trump. The image is a Ku Klux Klan mask over each of the white starts on the U.S. flag, which the anti-KKK author is being told he must remove because it's considered a hate symbol. He still refuses to do so, and Twitter has yet to reassess it's ill-considered policy;

• Next, Iran has announced that, in the next 10 days, it is speeding up nuclear enrichment and will exceed the levels of uranium allowed under the landmark seven-nation anti-nuclear agreement brokered during the Obama Administration, following the Trump Administration's unilateral withdrawal from the treaty last year and his subsequent violations in restoring crippling sanctions against the Islamic Republic. With what had been a very good deal now broken by Trump, the Administration continues to saber rattle against Iran, with AP reporting late today that the U.S. plans to send an additional 1,000 troops to the Gulf;

• Back home, the U.S. Supreme Court has begun releasing its end of term opinions. Among those released today, the Court ducked a ruling concerning yet another baker --- this time in Portland, Oregon --- who refused to bake a cake for a same-sex wedding. Sending the case back down to the lower court also likely means they will avoid having to make a decision on it during their next term, which ends smack dab in the middle of the 2020 Presidential election season;

• More substantively, for the moment, good news for Democrats as the Court allowed a lower court ruling to stand in Virginia, where Republicans were found to have used unlawful racial gerrymanders in drawing state legislative seats after the 2010 census. The lower court has imposed fairer maps that will now be used, for the first time, in the Commonwealth's statewide elections this November. (VA holds "off-year" elections, so the entire House of Delegates will be on the ballot when one or both of the General Assembly's chambers could finally be taken over by Democrats with new, fairer maps in place.) The Supremes let the lower court ruling stand after determining that the gerrymandered GOP House of Delegates did not have standing to intercede after the state's Democratic Attorney General chose not to appeal the new maps mandated by the lower court. The 5 to 4 decision, however, was a mix of very strange bedfellows, with liberal Justice Ruth Bader Ginsburg writing for the majority and supported by Justices Sotomayor and Kagan (not a surprise) along with Thomas and Gorsuch (very much of a surprise!). That also left the usually progressive Stephen Breyer siding with the rest of the Court's right-wingers. Though we speculate on that strange mix of votes, we hope to have more insight later this week;

• And in the last of the SCOTUS matters for today, the Court also ruled on a case of double-jeopardy regarding a man facing prison time from both the state of Alabama and the federal government for the same crime. What has become a loophole in the U.S. Constitution's restriction against being tried twice for the same crime will remain in place, despite the dissent from --- another odd couple --- Ginsburg and Gorsuch who both dissented. But that bad news for civil libertarians who had hoped to close that Constitutional loophole once and for all with this case, is good news for those who fear Donald Trump may pardon members of his crime syndicate, like his former campaign chair Paul Manafort. He is currently facing years in federal prison, unless pardoned by Trump. But, due to the Constitutional exception that allows similar crimes to be tried against the same person at both the state and federal level, even if pardoned, Manafort would be forced to face the fraud charges currently filed against him by the state of New York;

• And, speaking of politics and Trump-related criminality, a new survey by the President's favorite fake news outlet, Fox "News", finds at least five of the top 2020 Democratic Presidential candidates are defeating him in NATIONAL polling, with former Vice President Joe Biden and Sen. Bernie Sanders currently dusting Trump by about ten points each. Also besting Trump in the new national poll currently --- well over a year out from the actual election --- are Senators Elizabeth Warren and Kamala Harris, as well as South Bend, Indiana Mayor Pete Buttigieg, though their leads are within the poll's margin of error. The new Fox poll echoes similar findings from Quinnipiac last week. So we offer similar warnings about the misleading nature of national polls (we don't have a national election! Just ask Hillary Clinton!), especially those taken 17 months before Election Day and before Democrats have even held their first debate (scheduled for next week);

• In perhaps more noteworthy polling news, there has been a steep and quick rise in support for official impeachment hearings --- at least among Democrats --- as revealed by a new NBC News/Wall Street Journal poll. And, with that, pressure for impeachment continues to rise in Congress as well, according to comments from Democratic New York Rep. Alexandria Ocasio-Cortez who discussed the matter over the weekend on ABC's This Week. We share part of her remarks from Sunday in which she (correctly) argues that "impeachment is incredibly serious and this is about the evidence the President may have committed a crime, in this case, more than one." Rebutting the political considerations that have, so far, prevented U.S. House Speaker Nancy Pelosi from allowing the Democratic caucus to begin an official impeachment inquiry in the House, AOC adds: "Our decision on impeachment should be based in our Constitutional responsibilities and duties and not in elections or polling";

• Finally, with the little time we have left today, we open up the phones to some calls, which is mostly eaten up by a woman who appears to be very confused in her "pro-life" anti-abortion argument about how conception actually occurs, as she cites her Christian religion for why women should not be able to decide for themselves regarding personal health care decisions.

Good luck with that! And enjoy today's program...

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Saturday's Passover shooting at a synagogue in Poway, California, just north of San Diego, was only the latest in a rising spate of Rightwing extremist hate crimes --- rising even over the past week alone! --- as discussed on today's BradCast. [Audio link to show follows below.]

We're joined today by NBC 7 San Diego reporter RAMON GALINDO, who spent the weekend covering the shooting at Chabad of Poway, which took the life of 60-year old Lori Gilbert-Kay and injured three others, including the congregation's Rabbi, after a 19-year old armed with a military-style assault rifle opened fire during Shabbat services. The alleged shooter, who was arrested while fleeing, is said to have been inspired by both the recent attack on two Muslim mosques in New Zealand, where 50 were killed, and the Tree of Life synagogue shooting in Pittsburgh which killed 11 worshipers exactly 6 months ago.

The shooter at Chabad, who posted a "manifesto" just prior to the attempted massacre, is also said to have been responsible for an incident of arson at a nearby Muslim mosque in late March, according to Galindo who broke the story of that fire for NBC San Diego last month. In addition to bringing us up to the latest, including charges that have now been filed, Galindo offers insight on a number of the heroes in the story who he spoke with over the weekend, including both Gilbert-Kay and Oscar Stewart, an Iraq vet and congregant who reportedly ran toward the shooter to stop him as others were fleeing. It was, in fact, a good guy WITHOUT a gun who appears to have prevented far more carnage, though an armed Border Patrol officer at the service reportedly fired shots at the shooter's car as he was speeding away.

We've got a lot to unpack on all of this today, with both Galindo and listeners who call in with their own thoughts and reactions to the shooting (including one woman who lives in the neighborhood), the White House response (denying Donald Trump's obvious responsibility in helping to hasten the rise of white supremacists and other rightwing extremists) and even some thoughts on the Obama Administration's willingness to fold to reactionaries on Fox 'News' and in the Republican Party by withdrawing his own Dept. of Homeland Security's dire draft report [PDF] on the dangerous rise of lone wolf rightwing domestic terrorism in April of 2009.

That (shamefully) withdrawn report stated: "DHS has concluded that white supremacist lone wolves pose the most significant domestic terrorist threat because of their low profile and autonomy --- separate from any formalized group.” (No such fury was issued by the right after a similar report on the dangers of leftwing extremism was issued before it. Both reports were begun during the George W. Bush Administration. Moreover, as Daily Beast reported earlier this month, the Trump Administration has been disbanding DHS efforts to work with state and local officials on issues of white supremacy and domestic terrorism.)

We also talk with Galindo about the editorial decision by some in the media to not share --- or, at least, over use --- the suspects name and why neither of us did so today. As noted, there is much to discuss on today's program...

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On today's BradCast: Why Donald Trump finally buckled in his demand for border wall funding and how the unprecedented government shutdown helped distract all of us from the Administration's new policy that endangers children by officially allowing blatant religious discrimination --- at least against religions other than Protestant. [Audio link to show follows below.]

On Friday, Trump caved. He finally agreed to reopen the federal government --- at least temporarily --- after five weeks and the longest shutdown in U.S. history. He pretended he'd made a "deal" with Democrats. In fact, he simply agreed to continue funding the government at its previous levels until February 15. He received zero dollars for his border wall in the bargain, while suggesting during bizarre, inaccurate and, at times, graphic remarks at the White House that, without some sort of "deal" for a wall, he would either shut the government down again in three weeks or declare a "national emergency" to take the money to build it from elsewhere.

There were many reasons Trump finally buckled today, including increasing anger from lawmakers in his own party, plummeting poll numbers, news that the IRS was in "panic mode" without enough workers as tax season begins, and flight delays up and down the Eastern Seaboard thanks to a shortage of Air Traffic Controllers, according to the FAA. But there were at least two stories that the Administration, no doubt, was eager to get off the front pages today and over the weekend.

One, a stunning report from NBC News Thursday night that Trump's son-in-law and senior advisor Jared Kushner had been rejected for top secret clearance in 2017, for a host of reasons, by two career security professionals at the White House, only to have that security recommendation overruled (along with similar rejections for "at least 30" others!) and granted to him by a Trump appointee. Also, Trump's longtime supporter and dirty trickster Roger Stone --- who helped lead the "lock her up!" charge against Hillary Clinton with the release of hacked emails by WikiLeaks --- was arrested in Florida on Friday morning by FBI officials and charged with seven counts of lying to Congress, witness tampering and obstruction of justice by a grand jury convened as part of Robert Mueller's Special Counsel probe. Following the GOP's fake "outrage" about national security concerns related to Clinton's private email server, which Stone helped amplify, there's no small amount of irony here with his arrest on the heels of news that the Trump Administration appears to have forgone top level security concerns altogether in order to allow Kushner and others access to the nation's most closely guarded intelligence materials.

Trump's "deal" to temporarily reopen the government may have served to change the news cycle for a few hours, but it didn't endear him to Republican extremists like Ann Coulter, whose critiques late last year led Trump to break his agreement with lawmakers and demand $5.7 billion for a southern border wall resulting in the five week shutdown. Today she deried him as "the biggest wimp ever to serve as President."

While all of these nightmares have been unfolding in recent weeks, few noticed that the Trump Administration's Health and Human Services Department quietly approved a very controversial waiver to allow a Protestant South Carolina group called Miracle Hill Ministries to discriminate against Muslims, Jews, Catholics and atheists in the placement of foster care children. We're joined by criminal justice reporter AKELA LACY of The Intercept today to explain this very real and disturbing outrage which very few have noticed, and how the Administration's partnership with "Religious Right" Republicans under the guise of "religious freedom" is now officially sanctioning religious discrimination in the U.S.

"South Carolina is saying that the foster care statute in HHS rules and regulations does not specify religion as a characteristic on which they are not allowed to discriminate. They say that the foster care program statute says that agencies that receive federal funding can't deny parents based on race, color or national origin, but that because that statute does not specify religion, the request that Miracle Hill accept these families is outside of the law," Lacy tells me, noting that state law in South Carolina bars this sort of discrimination, as do federal non-discrimination laws that the Administration appears to be ignoring.

"The other really scary part of this," she notes, "is that, aside from these individual waivers, eighty Republican lawmakers signed a letter to the President in May asking for even further repeal of these federal protections against discrimination. So this is not just something that is being advocated for on a state-by-state basis. This is a quiet effort from the right to change these rules in the interests of mostly Christian organizations."

Describing a similar waiver request from Texas --- which also seeks to allow discrimination against LGBTQ families as well --- she says (real) advocates of religious freedoms and civil liberties fear the South Carolina precedent is likely now to spread to other states, other federal agencies, and other matters that reach well beyond foster care while much of the media continue to be distracted with the ongoing Trump chaos...

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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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After another long (though important) fund drive at KPFK, our Pacifica Radio Network flagship station here in Los Angeles, we're finally able to open the phones to hear from listeners on today's BradCast. [Audio link follows below.]

It's been a harrowing and deadly week --- and weekend --- filled with Rightwing hate and hate mongering (coincidentally, one week before Election Day for the most important election most of us have ever lived through). So, today we kick open the phones to callers on all of the above to get a sense of where things stand at this point and to help answer a bunch of questions about the crucial midterms.

Listeners ring in with questions about reported voting problems and voter suppression around the country and failing voting machines. Also, we discuss what voters can do beyond voting to participate in democracy over the next week or so.

And then there's the caller who rang in to explain why he says he has never voted, and doesn't plan to this year either. As you might imagine, both I, and a whole bunch of callers, have a few thoughts for that guy on today's program. Enjoy!...

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On today's BradCast, the religious left fights back! [Audio link to show follows below.]

But first: It's little wonder Fox 'News' doesn't like it when celebrities on the left speak out about politics. Sure, it's fine when a Republican actor or TV celebrity with zero political background runs for and becomes President of the United States. But if a singer or comedian sports hero on the left dares have an opinion, they need to "shut up and dribble". Vote.org reports a huge spike in voter registrations nationwide and in Tennessee this week, following pop star Taylor Swift's Instagram endorsement of the state's Democratic candidate, former Gov. Phil Bredesen, for the U.S. Senate in his race against Rep. Marsha Blackburn. Yes, bravely speaking out about politics helps. No wonder the right would like folks like Swift to shut up, especially as voter registration deadlines hit across the country this week and next.

At the same time, as a Category 3 hurricane barrels toward the Florida Gulf Coast, Democrats are forced to sue the state again, as they did in 2016, to force the Governor to extend voter registration, which officially ended on Tuesday night in the Sunshine State.

Also today, up in Washington, D.C., U.N. Ambassador Nikki Haley, one of the few top officials in the Trump Cabinet not considered to be a complete wingnut (a very low bar), announced her plan to resign at year's end for reasons that remain shrouded in much speculation. As she announced her planned exit today at the White House with Donald Trump, she managed to argue that since Trump --- who was laughed at, out loud, in the U.N. General Assembly just two weeks ago --- took office, "now, the United States is respected." As we discuss, that claim flies in the face of demonstrable facts supported by actual recent polling around the world.

Next up today, after Republicans ignored a statement last week from the National Coalition of Churches --- the nation's largest such group representing 38 denominations, 100,000 congregations and 40 million Americans --- to withdraw the U.S. Supreme Court nomination of Brett Kavanaugh "immediately", a group of evangelicals are now hitting the road for a national bus tour to "Flip Congress for the common good."

We're joined today by Vote Common Good founder and executive director, Pastor DOUG PAGITT, to explain his group's attempted outreach to white evangelicals who may have previously supported Trump and his Republican Party. The non-profit, non-partisan organization's cross-country tour began in Pennsylvania last week and is set to hit Minnesota, Iowa, Kansas, Texas, and New Mexico before wrapping up in California before the November 6th election.

Pagitt, the founding pastor of Solomon's Porch Christian Comuninity in Minneapolis (and who also hosts an afternoon drive time show on our Minneapolis/St. Paul affiliate, am950 KTNF!) tells me that there is a need for liberal and progressive religious community leaders on the left to speak out for Christian values in the dangerous era of Trump, even if it risks their tax-exempt status and even as white evangelicals have institutionalized their support of the Republican Party with millions of dollars over the past several decades.

"What we are saying is the Republican Congress has lost its ability, lost its moral compass, lost its spine, when it comes to standing up to the Trump Administration. Our need to flip Congress now is a bipartisan, non-partisan civic duty to put restraints on the Trump Administration," he says. "I think pastors and churches all over the country should be willing to risk their non-profit status in order to speak out about the Trump Administration because the Trump Administration is that dangerous. The idea that the thing that makes a Christian community a Christian community is that people don't have to pay taxes on the money they give to you, is the lowest possible level that a Christian community could be proud of. It's almost like the government is saying is 'if you speak up against us, we're going to make that a financial burden upon you'. And I think Christian churches should take on that burden. If you lose that 501c3 non-profit contribution status? Fair enough. Be like every other business that has to function in this society."

Pagitt details how he believes that many Christian voters have been conned into giving up their values and otherwise intimidated and frightened into voting against biblical teachings. He calls for the Christian left to build a political coalition to counter the long-entrenched, so-called Religious Right.

"We are trying to call the bluff on the evangelicals who, out of one side of their mouth, want to say that they follow the teachings of Jesus, and out of the other side of their mouth, are not just endorsing Donald Trump but seem to be wanting to move into a full embrace of Trumpism," Pagitt tells me, explaining why many evangelicals who know Trump represents the opposite of their beliefs, may still be afraid of voting for Democrats. "People confuse their identity with their tactic. Voting is a tactic to bring about the common good. Voting ought not be seen as our identity, but a lot of religious people have merged their religious and civic identity with the political Republican Party...and [it's difficult] to start to separate out your identities from your tactics. When someone realizes in their life that they have a misplaced identity, that takes awhile for them to get their heads around."

It's a fascinating (and long overdue) national conversation that I recommend you tune in for.

Finally, Desi Doyen joins us for the latest Green News Report, as Hurricane Michael threatens Florida with catastrophic, global warming-fueled destruction and as the United Nations issues an alarming scientific report finding the worst impacts of climate change will arrive much sooner than predicted unless massive and immediate changes are made by the nations of the world...

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On today's BradCast, what else? The FBI's sham "investigation" of Kavanaugh and news of great note regarding the November midterm elections. [Audio link to show follows below.]

The FBI's supplemental background report on U.S. Supreme Court nominee Brett Kavanaugh was released on Thursday morning. Just one copy was made available to U.S. Senators only. It received much criticism from Senate Democrats and much approval from Senate Republicans who couldn't even have possibly read it by the time they were lauding it. The release comes on the heels of the National Council of Churches calling for Kavanaugh's nomination to be withdrawn "immediately", and more than 2,400 law professors (and counting) signing onto a statement seeking the same. Nonetheless, even before the "White House Whitewash" of a report was even released, Republicans scheduled a final floor vote on the confirmation of the most partisan, dishonest nominee the nation has likely ever seen.

Even 98-year old retired Justice John Paul Stevens, appointed by Republican President Gerald Ford and who lauded Kavanaugh in a 2014 book, announced he is now opposing his confirmation following his angry and partisan testimony last week in the Senate Judiciary Committee in response to multiple sexual assault allegations. Justice Steven suggested --- as the churches and law professors did --- that Kavanaugh has proven he lacks the appropriate judicial temperament for a lifetime appointment on the U.S. Supreme Court.

But, even with hundreds of anti-Kavanaugh protesters descending on the Senate today, the only thing that ultimately matters will be the votes of five undecided U.S. Senators. One of them, Democratic Sen. Heidi Heitkamp, who faces a tight re-election contest in Trump-leaning North Dakota in November, announced on Thursday she is a "No" on Kavanaugh. The others, Jeff Flake (R-AZ), Susan Collins (R-ME), Lisa Murkowski (R-AK) and Joe Manchin (D-WV) have yet to commit, though Flake and Collins said on Thursday they found the FBI investigation --- which failed to interview dozens of witnesses, including Kavanaugh himself and his first accuser Dr. Christine Blasey Ford --- to offer no new corroboration to the allegations against the nominee. Collins says she found it to be "very thorough". Manchin, who, according to polling, is comfortably ahead of his Republican opponent this November --- even in state Trump won by 42 points in 2016 --- is reportedly "leaning 'Yes'" on Kavanaugh.

If all Dems vote against and just two Republicans join them, the confirmation will be killed. The first procedural vote, to invoke cloture and move to the final vote, is scheduled for tomorrow.

In the meantime, the divisive issue has helped fuel enthusiasm for the crucial November midterms by both Democrats and Republicans, according to new polling, which also finds younger voters far less likely to vote this year, sadly. The Democrats' hoped-for "blue wave" may rest on turnout of young voters, and may not be quite as certain as many believe, particularly with obstacles preventing voters from registering (the deadline for doing so comes up this weekend in many key states), from voting and from having votes verifiably counted as cast.

While last week's National Voter Registration Day was an unexpected success, thousands of citizens who registered to vote in Texas via the non-profit Vote.org will not be added to the rolls, according to a new report. That could be troubling news for a number of races in the Lone Star state, not the least of which is the contest between GOP Senator Ted Cruz and his surging Democratic challenger Beto O'Rourke.

Finally today, Desi Doyen joins us for the latest Green News Report, with news on Big Oil's big win in the new NAFTA, several Category 5 storms spinning at the same time in the Pacific, a new record low for Arctic sea ice, and the big news of Tesla's Big Battery which is a big hit for South Australia's power grid...

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On today's BradCast, you won't hear Brad or Desi --- because you'll be very busy hearing me. I'm the host of In Deep with Angie Coiro.

You may have been fooled for a second --- nah, you're too smart --- but casual observers might mistake Jeff Sessions' announcement of a new DOJ "Religious Liberty Task Force" as an effort to address genuine hate crimes, including attacks on Muslim Americans, Jewish Americans, and Sikh Americans. But of course not. He made it clear it’s about bakers afraid of serving LGBTQ customers, or taxpayers having to support icky women – that sort of thing. ANNIE LAURIE GAYLOR is co-president of the Freedom From Religion Foundation. She puts this latest news in the wider context of Trump’s pro-Christian pandering. While we're at it, we look at how bad for basic civil rights Brett Kavanaugh would be on the Supreme Court.

More news headlines, then DAVE JOHNSON of Seeing The Forest ponders how the concepts of markets, capitalism, and socialism get contorted by propaganda. Even respectable journalists fall victim...

Download MP3 or listen online below...

On today's BradCast: The U.S. Supreme Court seat stolen by Senate Majority Leader Mitch McConnell and his Senate Republicans --- who carried out the unprecedented blockade of President Obama's SCOTUS nominee Merrick Garland for almost a year following the death of Antonin Scalia --- paid off in spades today in two separate 5 to 4 decisions which should forever have an asterisk next to them in the history books. [Audio link to today's show is posted below.]

First up today, however, primary elections are being held in seven states on Tuesday in New York, Maryland, Utah, Colorado and Oklahoma, with primary runoffs in Mississippi and South Carolina. We'll have noteworthy results and problem reports on tomorrow's BradCast, though we already know of one huge problem in Baltimore. (No, it's not a mere "glitch" or "snafu", Baltimore Sun. It is a failure...at the very least!) On Monday night, it was revealed that Maryland failed to include updated voter registration information for some 80,0000 voters who made changes to their party affiliation or residential addresses since April of 2017. The announcement was made by the state late on the evening before Tuesday's elections, in which those voters were forced to vote on provisional ballots at the polls. Those ballots will be included in the results, but won't be tallied until next week.

Then, we're joined again today by Slate's great legal reporter MARK JOSEPH STERN to discuss both of the U.S. Supreme Court's grim rulings today on Trump's Muslim travel ban and on so-called "crisis pregnancy centers", as well as several decisions from Monday --- all of which, Stern correctly points out, would almost certainly have seen the opposite outcome under Garland instead of Justice Neil Gorsuch who has been the "decisive 5th vote" in each of the cases. "Every single one of the decision that we're talking about right now would have come out differently if Justice Merrick Garland were sitting on the Supreme Court right now instead of Justice Neil Gorsuch. We would have an end to partisan gerrymandering, an end to racial gerrymandering, an end to voter suppression, an end to crisis pregnancy centers' efforts to be lawless and not have to comply with basic medical licensing. The travel ban would be struck down. It's almost brutal to think about how all of these cases would turn out if the man who should be on the Court were on the Court."

Stern details Chief Justice John Roberts' 5 to 4 majority opinion in the travel ban case, in which the Court overturned multiple lower courts to uphold Trump's third attempt at banning immigrants and travelers from several majority Muslim countries. As dissenter Justice Sonia Sotomayor also does, Stern compares the ruling to the notoriously shameful 1944 Supreme Court decision in Korematsu v. U.S., which allowed Japanese-Americans to be forced into internment camps during WWII. Today's ruling is being described as "shameful", “hateful" and "racist" by immigration advocates and religious groups alike. Stern calls the decision --- in which Roberts largely dismisses Trump's oft-repeated statements revealing his personal animus towards Muslims --- as "Korematsu 2.0"

"This Court is not as disturbed and disgusted by Trump's approach to immigration as I think a majority of Americans are," he tells me. "This is a Court that's eager to bless the President's moves in the realm of national security, and to basically believe his pretext, even when it's flagrantly B.S"

Sotomayor argues in her dissent: "By blindly accepting the Government's misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one gravely wrong decision with another."

Stern also details Justice Clarence Thomas' 5 to 4 majority opinion which, under a pretext of First Amendment free speech rights, strikes down California's restrictions on anti-abortionist scam artists posing as phony medical clinics to hoax pregnant women into not receiving abortions. Thomas, charges Stern, "wrote an astonishingly broad decision that effectively says the government has no power to regulate professional speech, no power to regulate medical speech, or doctors' speech, except when they are telling abortion patients not to get abortions." In all, he says, describing how the Court is also targeting voting rights by reversing multiple lower courts in recent rulings, they are "on a kind of tear right now, overturning court after court" and/or using any "flimsy reason to send a case back down" for rehearing.

Yes, elections matter, if you haven't noticed. In the case of the 2016 election, the result will now haunt the U.S. for generations.

Finally today, we're joined by Desi Doyen with the latest Green News Report on the climate changed-fueled flooding in Iowa that resulted in an oil train derailment and hundreds of thousands of gallons of dirty tar sands crude spilled into the drinking water supplies, and other such cheerful news to close out today's program...

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On today's BradCast: As voters head to the polls in eight states (CA, AL, IA, MS, MT, NJ, NM and SD) on Tuesday, we cover a few "sorta victories" elsewhere for now, including at the U.S. Supreme Court. [Audio link to show is posted below.]

Reports of problems at the polls have already cropped up, however, in South Dakota, where electronic pollbooks failed in eight counties, and here in Los Angeles, where a "random issue with the print job" on paper rosters at polling places, according to the County Clerk, has led to some voters needing to cast provisional ballots.

As we await election results and likely reports of more problems elsewhere, a "sorta victory" for Twitter users who had sued the President after he blocked them on Twitter. Those seven plaintiffs were finally unblocked by Trump after a federal court found last month that he was violating their Constitutional First Amendment free speech rights. But, on the same day those seven were unblocked, the Dept. of Justice appealed the court's ruling anyway.

In Alabama, another "sorta victory" as the story of Sec. of State John Merrill blocking folks on Twitter for pointing out his errors as the state's top election official, has finally been picked up by the corporate media in the state. That, just hours before voters headed to the polls, with Merrill himself on the ballot. The coverage comes after we first reported on Merrill's behavior months ago (when he blocked me for being right about the state's computerized election tabulators), and again last week after he sent me a flurry of insane emails [PDF] in response to a simple query as to whether he planned to unblock followers now that a federal court has found his behavior to be in violation of the U.S. Constitution. The Montgomery Advertiser's weak coverage, however, largely serves to offer the Sec. of State a platform to call election experts and journalists "trolls" (for being correct and polite), while still refusing to unblock them.

In Arizona, a lawsuit against the state for keeping tens of thousands of registered voters off the rolls for failing to provide "proof of citizenship" before being allowed to vote has now been settled with a consent decree that will enfranchise many voters, even if it will still result in thousands being disallowed from voting in state and local contests. So, a "sorta victory" there as well.

And, at the U.S. Supreme Court this week, a "sorta victory" for both anti-gay bigots and civil rights advocates as the long-awaited ruling in Masterpiece Cakeshop v. CO Civil Rights Commission, a case involving a Colorado baker who refused to make a cake for a same-sex couple's wedding reception is finally decided by a narrow 7 to 2 ruling in favor of the baker...sorta.

Slate legal reporter MARK JOSEPH STERN joins us to explain how Justice Anthony Kennedy, with his majority opinion. tries to "have his cake and eat it too," by largely kicking the can down the road for another day, while ostensibly siding with the baker against the state Commission on rather dubious religious freedom grounds.

The decision, however, also appears to strengthen the existing right of states to bar discrimination by similar businesses on the basis of sexual orientation. So much so, that, under the ruling, the two plaintiffs, according to their ACLU attorney, should be able to walk into Jack Phillip's Masterpiece Cakeshop in Lakewood, CO today and purchase a cake for their wedding anniversary, if they wished. If they are blocked, that would be in violation of the Constitution. Nonetheless, a definitive opinion from SCOTUS on the issue of discrimination on the basis of sexual orientation will have to wait for another day.

"If the Supreme Court applied the same standard to the [Trump] travel ban case as they have applied to Masterpiece, the Court would have no trouble striking down the travel ban as a violation of First Amendment religious freedoms," Stern tells me, when I ask whether Kennedy's weak religious liberty argument here may apply more to some religions than others. "Unfortunately, I do not think the court is going to be consistent. I think, instead, the Court's going to wind up applying a much stricter standard when it's Christians' rights on the line, than when it's Muslims' rights on the line. And we're all going to be very disappointed in this kind of inconsistent religious liberty --- 'for me, but not for thee.'"

Stern offers smart insight on the Court's opinion(s) --- which were widely misreported elsewhere on Monday --- as well as another decision this week from the Court on the Trump Administration's failed attempt to punish the ACLU for supporting a teen immigrant who sought a lawful abortion after being detained at the border. That ruling, at least, was a complete victory, he explains, not just a "sorta" one.

Finally, Desi Doyen joins us for the latest Green News Report, with news on two deadly volcanoes in Guatemala and Hawaii, the Administration's new scheme to bail-out the coal industry, Canada's new scheme to nationalize a controversial pipeline, and more distressing fossil fuel and climate change news...

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On today's BradCast, we take a moment of silence to mourn Brad's late wisdom tooth. But not more than a moment --- a lot to cover with your guest host, me --- Angie Coiro of In Deep with Angie Coiro.

Daphne Eviatar, Director of Security with Human Rights at Amnesty International USA talks with me about Amnesty's reactions - both official and emotional - to the announcement of Gina Haspel's confirmation to head the CIA. No one there is happy, but they're experienced, ready, and standing by, lest Haspel's last-minute conversion to an anti-torture stance prove false.

Throughout the hour we check the news, with stories from Gaza, Washington DC, and the Kushner family's building at 666 (<--- not kidding) 5th Avenue in Manhattan - which is being bailed out of fiscal failure with a little help from Qatar. Also: ICE loses one in court as a Dreamer wins.

Long-time economic observer Dave Johnson explains the genesis, progress, and prognosis for a Federal Jobs Guarantee program.

A "racism roundup" - a summary of all the videos released the past few weeks showing white people working overtime to keep non-whites and Muslims in line. Finally, neuroscientist Robert Sapolsky explores where all that hate and fear come from - it's all in your brain.

Download MP3 or listen online below...

On today's BradCast, Desi and I are back! But you should tune in anyway! [Audio link to show follows below.]

My great thanks to Angie Coiro of In Deep Radio for filling in for us last week!

Among the stories covered on today's program, as we try to get back up to speed...

• More than 2,000 were reportedly wounded and over 50 killed as Israel opened fire on protesters in Gaza today during the "festive" opening ceremony for the controversial U.S. embassy Donald Trump moved from Tel Aviv to Jerusalem. Much of the Muslim and Arab world condemned the attacks on the unarmed Palestinian protesters, but so so did the European Union, the United Nations, Russia and many others.

• Back in the U.S., a new analysis from Washington Post finds that an administrative error led to at least 26 Democratic leaning voters being assigned to the wrong legislative district during last November's House of Delegates election in Virginia. The race in Newport News between Democrat Shelly Simonds and Republican David Yancey in HD-94, was judged to be a tie after a "recount", which was subsequently broken by a random drawing giving the seat to Yancey and allowing the GOP to retain control of the House. That failure, and similarly mis-assigned voters in yet another highly gerrymandered district in Fredericksburg, prevented what should, in retrospect, have been a Democratic takeover of the state's House in 2017 amidst a "Blue Wave" that otherwise managed to flip 15 seats from R to D.

• Also today, a new report on what was reportedly a foreign-sourced cyberattack on Election Night two weeks ago in Knox County, Tennessee is troubling on a number of levels, though not necessary the one being reported by some media outlets citing a Ukrainian IP address used in the denial of service attack which was also sourced to countries on every continent except for Antarctica. We discuss what is known and still isn't, following the attack which took down the web-based election night results page for an hour after the close of polls two weeks ago, including one race said to have been decided by just 17 votes on the county's 100% unverifiable Direct Recording Electronic voting systems...

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On today's BradCast: Rudy Giuliani works his magic as he settles in as the newest attorney on Donald Trump's personal legal defense team --- and it appears to have exploded spectacularly. And Ohio's Sec. of State and two largest counties are slapped with an election transparency lawsuit just days before next Tuesday's primary in the Buckeye State. [Audio link to show is posted below.]

First up: On Wednesday night, the former NYC Mayor stunned Sean Hannity of Fox "News" when he told him on air that Trump reimbursed his embattled "fixer" and personal lawyer Michael Cohen for the $130,000 in hush money paid to Stormy Daniels just days before the 2016 Presidential election. The payment, which Trump had long denied making himself, was meant to cover up an alleged affair Trump had with the porn star. Then, on Thursday morning, Giuliani dug the hole deeper by making clear, once again on Fox "News", that the payment was meant to protect Trump's candidacy.

All of which means that Trump is likely in even more --- and perhaps even criminal --- trouble, regarding serious campaign finance violations which Giuliani seems to have thought he was helping Trump avoid. We discuss and try to clarify the President's newly revealed legal peril on that front today, even as Trump (or his attorneys) took to Twitter to reverse his own previous denials by admitting that he did, in fact, reimburse Cohen for the payments to Daniels.

As Politico's Jack Shafer wryly tweeted today: "Having Giuliani in the mix is almost like having a second Trump."

Then, as we try to stay focused amidst all the noise, we're joined by election transparency expert JOHN BRAKEY and longtime election attorney CHRIS SAUTTER, both of Americans United for Democracy, Integrity and Transparency in Elections (AUDIT USA) about their lawsuit just filed in Ohio in advance of the state's 2018 mid-term primary next Tuesday.

The suit echoes a similar one filed last December in Alabama before that state's much-watched U.S. Senate Special Election between Democrat Doug Jones and Republican Roy Moore. (That suit was successful in a lower court, before the state's woeful Sec. of State John Merrill convinced their Supreme Court to stay the ruling at the last minute.) The new complaint seeks to force Ohio's Secretary of State Jon Husted and its two most-populous counties, Cuyahoga (Cleveland) and Franklin (Columbus), to retain digital ballot images created by the counties' computer scanners as hand-marked paper ballots are initially scanned during tabulation.

Those images, as Brakey explains, allow the public to safely examine the accuracy of election results without disturbing the original paper ballots and, according to Sautter (and several court rulings in other states), complies with federal election law requiring the retention of all election materials for 22 months after federal elections.

The pair detail why preventing the destruction of the images in question is at the center of the multi-partisan suit filed in Ohio, and why they plan to continue pressing election officials in Ohio and in many other states and counties around the country to ensure that digital ballot scanners are set to retain all such images for public oversight after Election Day.

Finally, Desi Doyen joins us for the latest Green News Report with still more bad news for corrupt EPA chief Scott Pruitt and for the planet itself, but also with a bit of good news for NYC, Hawaii, and even one of China's major cities...

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On today's BradCast: After a months-long drought of one of our favorite guests, legal journalist MARK JOSEPH STERN of Slate returns today! And we make up for the deficit with a legal lightning round on a number of big cases being heard this and in recent weeks at the U.S. Supreme Court, as well as a number of important cases from elsewhere around the country.

Among the cases covered with Stern today: The years-long challenge to Texas Republicans' racial gerrymandering of Congressional and statehouse districts, which were struck down as unlawful by several lower courts, and Donald Trump's controversial anti-Muslim travel ban(s), which were also blocked by lower courts. The U.S. Supremes, however, may be on the verge of restoring both laws, according to Stern, despite previous findings of unconstitutionality. We also discuss the pending fate of two separate challenges to partisan gerrymandering heard recently by SCOTUS.

In both cases, Stern notes, referring to the stolen GOP majority on the Court after Obama's nominee Merrick Garland was blocked for a year, before Trump appointed Justice Neil Gorsuch: "I hope against hope that my predictions are wrong, but Republicans stole this seat for a reason."

But that's not all! We also hit several other important recent cases from federal courts around the country, which prove to offer a bit more encouraging news. Stern details the "complete train wreck" seen in a federal court in Kansas earlier this month, as their Sec. of State and top-shelf GOP "voter fraud" fraudster Kris Kobach disastrously attempted to defend his "proof of citizenship" voter registration law at trial. Kobach's humiliating effort resulted in a George W. Bush-appointed federal judge slapping him with the second of two contempt of court sanctions during the long case, and may signal, as Stern posits, the near end of the Republican Party's years-long disingenuous claims about a "voter fraud" epidemic.

"Kobach had committed a major self-own," Stern tells me. "He had gone into that trial thinking he was going to prove once and for all that 'voter fraud' was real, and he left that trial having inadvertently proved that it wasn't. He undermined all of the evidence that he had worked so hard to build up."

That, as one of Kobach's longtime colleagues in the long GOP "voter fraud" con, J. Christian Adams, finds himself as the defendant in a new lawsuit filed in Virginia by a number of U.S. citizens who were inaccurately accused by Adam's group, the Public Interest Legal Foundation (PILF), in error-riddled reports titled "Alien Invasion of Virginia" and "Alien Invasion II", of committing voter fraud. Adams is accused by the lawful voters of violations of the Constitution, the Voting Rights Act, and even the Ku Klux Klan Act of 1871.

"It's satisfying to see these guys have to answer in court for all that they've said and done for so long, and it's great to see the victims of their slander fighting back in such a powerful way," Stern argues.

We finish up our legal lightening round today with a case decided last week by the Supreme Court, in which Justice Gorsuch, who enjoys the seat stolen for him by Senate Republicans last year, actually joined the Court's four liberal Justices in striking down a law that allows the deportation of immigrants accused of "violent crimes". While Stern applauds Gorscuh joining the liberal justices in this case, given the vague statutory language used for defining "violent crimes", he also cautions that Gorsuch's interest here may signal a broader, more disturbing scheme down the road by Trump's far rightwing appointee.

Also today: The Trump Administration doesn't appear to do any vetting of any of their nominees for any office, it seems. Last week, Elizabeth Anne Pierce, a corporate member of a public commission created by Trump's FCC Chair Ajit Pai, purportedly to help expand broadband Internet access, was arrested on allegations of fraud to the tune of $250 million for forging signatures on contracts on behalf of her startup high-speed fiber-optic company. And, on Capitol Hill today, Navy Admiral Ronny Jackson, Trump's personal physician turned nominee to head the Dept. of Veterans Affairs, comes under fire from Senators of both parties, regarding his complete lack of experience for such a role, but also for reports of fostering a "hostile work environment", "excessive drinking on the job" and "improperly dispensing meds" among other things. In the bargain, today at the White House, Trump appeared to begin the process of throwing Jackson --- who he reportedly had to convince to accept the nomination to head the VA and its 360,000 employees --- under the nearest bus.

And finally, Desi Doyen joins us with the latest Green News Report, and for a tribute or two to Schoolhouse Rock creator Bob Dorough, who died today at the age of 94...

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On today's BradCast: The allegation made by adult film actress Stormy Daniels that someone associated with Donald Trump physically threatened her, appears to track quite well with decades of similar allegations made by those who Trump, at one point, believed to have cross him. [Audio link to today's show follows below.]

During her 60 Minutes interview with Anderson Cooper on Sunday night, adult film actress Stephanie Clifford, a.k.a. Stormy Daniels, claimed she was physically threatened in 2011 in a Las Vegas parking lot, in front of her young daughter, by someone warning her to not to speak publicly about the sexual tryst she says she had with Donald Trump back in 2006. Immediately after the interview aired, an attorney for Michael Cohen (Trump's personal lawyer, fixer, and business partner) sent a "cease and desist" letter to Daniels' attorney, demanding she retract the "false and defamatory" claims made on the program, charging that Cohen "was responsible" in some way for the alleged threat. The attorney charged that Daniels' claims accusing Cohen "of criminal conduct" were "false", "libel[ous]" and "defamatory".

The only problem: Daniels didn't actually tie Cohen to the story about the thug who, she says, threatened her in 2011!

Cohen formed the LLC created to pay $130,000 in hush money to Daniels just weeks before the 2016 Presidential election, though he says he did not do so on behalf of Trump or the Trump Organization, that he was never reimbursed for the payment (which would be a violation of federal campaign finance law, if it was meant to help Trump win the election as Paul S. Ryan of Common Cause told us in January, just after he filed his complaints with the FEC and DoJ), and that, in any event, the tryst between Trump and Daniels never happened at all.

But, whether Daniels' tied Cohen to the alleged 2001 threat or not, it's hardly the first time the Trump Organization --- and Donald Trump specifically --- has been accused of physical threats against his perceived adversaries.

We're joined today by BuzzFeed investigative journalist and renowned "FOIA terrorist" JASON LEOPOLD to discuss three different incidents, revealed via Freedom of Information Act (FOIA) request documents he obtained from the FBI and other law enforcement agencies last year, detailing physical threats said to have been made against Trump business associates in the 80s, 90s and 2000s.

The details of the three different alleged incidents are chilling, including one terrifying and profane phone threat to an attorney, made on the day Trump's Casino business declared bankruptcy, from a payphone outside the Ed Sullivan Theater on the very same day that Trump was appearing on The Late Show with David Letterman, which is shot there. As Leopold explains, the incidents which he reported on exclusively last year at BuzzFeed, came immediately to mind upon hearing Daniels recount her own frightening tale on 60 Minutes.

Then, we open up the phone lines to hear from listeners on all of the above, as well as a number of other stories that we also cover on today's program, including: Saturday's massive March for Our Lives rallies for gun safety reform, as led by the students of Parkland, Florida's Marjory Stoneman Douglas High School and supported by Pope Francis; the Trump Administration's announcement that they plan to expel 60 Russian diplomats in response to the poisoning of a former Russian intelligence agent in Britain; and the Sunday announcement that, despite reports to the contrary last week, Fox "News" wingnut attorneys Joe diGenova and his wife Victoria Toensing will not, in fact, be joining Trump's personal defense team responding the investigation of Special Counsel Robert Mueller after all (precisely as predicted by Friday's guest on The BradCast, Marcy Wheeler!)...

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