As recently observed in a Hartford Current editorial by Shari Cantor, the Mayor of West Hartford, Connecticut, her state's residents face some of the most restrictive Vote-by-Mail (VBM) requirements in the nation. She notes, in her op-ed calling for an expansion of absentee voting in the Constitution State, that voters "may not obtain an absentee ballot unless they are a poll worker, an active member of the military, sick, out of town during all hours of voting, physically disabled or prevented by their religion."

In response to the restrictions, attorneys from the American Civil Liberties Union (ACLU), on behalf of an individual voter and the Connecticut branches of the NAACP and League of Women Voters, have now filed a federal complaint [PDF] seeking to compel the state to allow every lawfully registered voter to cast a VBM ballot during the November 3rd general election.

CT's extraordinarily restrictive "Excuse Requirement" for voting via absentee, according to the complaint, combined with the fact that state election law does not provide for early in-person voting, forces the electorate to choose this year between exercising the franchise and the very real risk of contracting (and subsequently spreading) the deadly COVID-19 virus.

Because the restrictions on mail-in voting forces the electorate to choose between voting and a risk of death --- a choice CT's Democratic Secretary of State Denise Merrill, the only named Defendant in the case, conceded voters should "never" have to make --- the complaint alleges CT's Excuse Requirement, if applied during the Nov. 3rd general election, would impose an unreasonable burden on the right to vote in violation of the 1st and 14th Amendments to the U.S. Constitution.

The complaint separately alleges that CT's restrictive VBM Excuse Requirement denies or abridges the right to vote on account of race because the combination of greater obstacles to in-person voting and COVID-19's disparate impact on the African-American community "interacts with social and historical conditions to cause inequality in the opportunities enjoyed by Black and White voters to elect their preferred representatives. [Appellate court citation]." This, the complaint alleges, violates Section 2 of the Voting Rights Act.

The 42-page federal complaint is replete with references to scientific facts and law that make it a compelling legal pleading. There's a very good chance, however, that a federal judge will never have to render a decision on the merits of the case. CT's Democratic leaders, including its Governor, Ned Lamont, may find those arguments persuasive and act accordingly...

We raise a whole bunch of topics and news from the weekend for conversation with listeners on The BradCast today, but most wanted to only to discuss the Trump Administration's twisted demand that schools reopen next month for in-person classes, even as COVID-19 cases are now exploding around the country. [Audio link to show is posted below.]

Florida, on Sunday, reported a record 15,300 cases. That's a larger single day record than any state in the nation. It is more than either California at its recent peak or New York at its peak back in April. The news of Florida's quickly worsening crisis comes just days after the state announced that all schools in Florida must reopen for in-person classes for all, five days a week, despite concerns expressed by local school officials.

As Florida shattered the national record, many states, most controlled by Republican Governors, continue to hit new seven-day rolling average records of new cases (even as testing plateaus or even decreases in some states), California, with its Democratic Governor is spiking as well. Governor Gavin Newsom in the Golden State on Monday declared that bars, indoor dining at restaurants, hair and nail salons, churches and gyms would all be shut down again in counties that are the hardest hit. Los Angeles and San Diego County both announced that the school year will reopen with remote learning instead of in-person classes, to the great relief of teachers who are, overwhelmingly, against reopening school campuses.

Donald Trump's Secretary of Education, meanwhile, appeared (poorly) on the Sunday news shows, to insist that schools must reopen, or face lost federal funding, while admitting she has absolutely no federal plan for what do when coronavirus spikes occur. That, she said, should be left to local officials --- the same local officials that she and Trump are hoping to force to reopen schools next month, even as a new Kaiser Family Foundation analysis finds nearly 1.5 million teachers (one in four) are older than 65 or have health conditions that place them at higher risk of serious illness should they contract COVID-19.

At the same time, oddly enough, Admiral Brett Giroir, the federal government's coronavirus testing coordinator, warned on ABC News' This Week on Sunday that the U.S. shouldn't even be thinking about how to get kids back into the classroom until we get the virus under control. "When we get the virus more under control," he said, "then we can really think about how we put children back in the classroom." We suspect the Admiral may not be in his position very much longer. People who tend to tell the truth are not particularly welcome in the Trump Administration.

Getting the virus under control, of course, as Democratic House Speaker Nancy Pelosi pointed out over the weekend, is made all the more difficult, if not impossible, because the federal government is still failing --- more than four months into this crisis --- to ensure adequate testing kits or personal protective equipment (PPE) as cases spike, hospitalizations surge and the death rates began to climb in every region of the country over the past two weeks.

Trump's plan to pretend that everything is somehow normal in time for the November 3rd Presidential Election is beginning to look a whole lot like genocide or at least mass murder, as a whole bunch of callers today seem to agree. (I wanted to hear from those who disagreed with me. None of them were willing to call in for some reason, even though they frequently email me after the show. Cowards.)

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In a recent article, we described the GOP's legal challenge to the Executive Order issued by California's Democratic Governor Gavin Newsom --- directing CA election officials to timely submit vote-by-mail (VBM) ballots to every active registered CA voter for the November general election --- as "dubious", at best.

We noted that the GOP plaintiffs lacked standing to sue in federal court because Republicans cannot show they suffered a legally cognizable injury. We also noted that the GOP's core legal challenge --- that the Elections Clause to the U.S. Constitution only permits state legislatures, not Governors, to set the time and manner of conducting federal elections --- was at odds with settled Supreme Court case law and that legislative approval for the Governor's pandemic-related emergency Executive Order can be found within the provisions of the CA Emergency Services Act.

Last week AB-860 was passed by the state legislature (even with support from Republicans) to codify Newsom's Executive Order by specifically providing that VBM ballots be timely sent to every active registered voter in the state, even if the voter did not request one. It was signed into law this week by the Governor, rendering the GOP's core legal argument moot.

The new law will not only mandate a dismissal of the GOP legal filing but also eliminate the need for the court to grant the Motion to Intervene [PDF] that was recently filed by several voting rights organizations opposing the challenge by a number of Republican groups, including the California Republican Party.

CA Common Cause, League of Women Voters of CA and the Community Coalition seek to be added as Party Defendants in order to counter the GOP's effort to compel in-person voting --- a GOP effort that, if successful, would dangerously and unnecessarily expose the state's electorate to the risk of contracting a deadly virus, COVID-19. The portion of those organizations' motion, which demolishes the GOP's VBM "voter fraud" lies, however, warrants verbatim coverage...

UPDATE 7/10/20: After U.S. District Court Judge Morrison England, Jr. dismissed the GOP's frivolous legal challenge following a Republican filing of a voluntary Notice of Dismissal, GOP Chairwoman Rona McDaniel falsely proclaimed that the Republican Party "scored a major victory against Gov. Gavin Newsom's illegal executive order." She attempted to bolster this falsehood with another lie --- that, before the GOP filed its legal challenge to VBM in CA, "Democrats planned to automatically send ballots to inactive voters, including people who have moved or died."

As we observed in a 6/5/20 update to an article that had covered the "dubious" GOP legal challenge, the Office of CA Secretary of State Alex Padilla stated that, pursuant to the Executive Order which Padilla and Gov. Newsom issued, VBM ballots would only be mailed to "active" registered voters.

"Only active registered voters will be mailed a vote-by-mail ballot. That is and has been the practice in California," Padilla's spokesman Sam Mahood said. Under California's Elections Code, Mahood added, "'voters with an inactive voter registration status do not receive elections materials.' That includes vote-by-mail ballots."

The only change to CA Election Law as it existed at the time the Executive Order was issued was the elimination of the requirement that voters first request a VBM ballot before one would be mailed to an
active" registered voter. Thus, at best Rona and the GOP had erected a straw man; erroneously claiming that the Executive Order required submission of VBM ballots to "inactive" voters.

On today's BradCast: As the U.S. crossed the 100,000 coronavirus death Rubicon over Memorial Day weekend, the President of the United States played golf. Twice. And called a potential Democratic Vice Presidential nominee fat. And a former Secretary of State and Democratic Presidential nominee a "skank". He also suggested a popular TV host murdered someone. And he lied again (and again) about absentee voting fraud (even though he committed it himself.) The Presidential election is 161 days away. [Audio link to full show is posted below.]

Before we get there, however, former CDC Director Tom Frieden said this weekend, "It's 100,000, but it looks like we're still at the beginning of this pandemic." He is not alone. According to the Imperial College London, the U.S. could see another 200,000 dead on top of those who have died already from COVID-19, thanks to the President's desperately premature push to reopen the nation's economy. That, while Trump is ignoring the first 100,000 dead, even though, as the New York Times observes:

At the same time, despite the Republicans' attempt to pretend the viral pandemic away, without very quick action by the Republicans who control the U.S. Senate to prevent massive layoffs at the state and local level, we could be looking squarely at a second Great Depression before year's end, The American Prospect's David Dayen reports today with very good evidence in support.

Other than all of that, we hope you had a delightful holiday weekend!

Speaking of that Presidential election (did we mention it's just 161 days away? --- but who's counting?), we have some very good news from Florida today to counter the grim news with which we felt it necessary to open today's program. A federal judge has nixed the voter suppression law enacted by Republican Gov. Ron DeSantis and the state's GOP-controlled legislature. The law was adopted to gut the state Constitutional Amendment passed by 65% of FL voters in 2018 to allow most former felons to register to vote after having completed "all terms of their sentence including probation and parole."

Amendment 4 ended the state's shameful lifetime ban on voting rights for former felons. U.S. District Judge Robert Hinkle, following an eight-day trial earlier in Spring, declared the GOP's new Jim Crow law --- enacted to upend Amendment 4 --- to be an unconstitutional poll tax, as the law mandated the payment of all fines and fees before former felons would be allowed to register to vote, whether they could afford the payments or not. Moreover, the state keeps no database of such fines and fees, so many former felons had no idea if they owed money or not. Because of that, many declined to register to vote for fear of being charged with perjury when attesting that they had they had "completed all terms" of their sentence on the voter registration application.

Despite that very good news, we suspect the roller coaster battle by the Florida GOP to prevent as many as 1.5 million new voters in the crucial battleground state --- including about a quarter of the its African-American male voting age population --- from getting their voting rights back will continue.

Of course, the GOP War on Democracy is happening all over the country right now. We close today's show with a new front opened in that war over the weekend by the Republican National Committee and former GOP Congressman-turned-candidate-again Darrell Issa. They filed a federal lawsuit alleging that California Gov. Gavin Newsom's May 8 order to send absentee ballots to all registered voters in the state for the November election is in violation of the U.S. Constitution.

Yes, it even sounds absurd on its face, but longtime BRAD BLOG legal analyst ERNEST A. CANNING joins us today to explain exactly why the complaint is even more ridiculous than it sounds and the two big reasons why he believes it is likely to be "dismissed at the district court level". Whether that dismissal will be upheld by the GOP's stolen majority on the U.S. Supreme Court, should Republicans push it that far (and why wouldn't they?), is a separate question. Tune in for Canning's thoughts on that and much more...

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In a desperate attempt to prevent a high turnout of California voters for the critical 2020 General Election, attorneys from the extreme right-wing organization, Judicial Watch, filed a federal complaint [PDF] late last week on behalf of former Republican Congressman turned candidate again Darrell Issa with several named Republican voters in the U.S. District Court (Eastern District CA)

The complaint alleges that CA Governor Gavin Newsom and Secretary of State Alex Padilla, both Democrats, unlawfully usurped the power of the CA state legislature when, on May 8, they issued an emergency Executive Order in response to the COVID-19 crisis. The order directed the election officials of every CA county to "transmit Vote-by-Mail [VBM] ballots for the November 3, 2020 General Election to all [registered] voters" no later than "the last day on which [VBM] ballots may be transmitted."

The complaint alleges that the Executive Order violates the Elections Clause of the U.S. Constitution, Art. I, §4. That clause provides, in pertinent part: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof."

The CA legislature, via the state's Voter's Choice Act, set forth explicit criteria that each county must meet in order to become an all VBM county. The Republican plaintiffs argue the Executive Order permits counties that have not met that criteria to act as VBM counties; that permitting all voters to cast VBM ballots "dilutes" the votes of the Republican voter plaintiffs who live in counties which have not met the statutory criteria. They seek to invalidate the Executive Order and compel those CA voters who have not timely requested absentee ballots under CA law, as it existed prior to May 8, to either vote in-person or not at all.

The Republicans' legal filing drew a sharp retort from Padilla: "Exploiting the COVID-19 pandemic to justify voter suppression is despicable, even for Judicial Watch's pathetically low standards."

From a legal standpoint, the Republicans' legal arguments are frivolous...

It's a race to stupid. And we're all winning! Or losing. Depends on how you choose to look at, apparently. [Audio link to full show is posted below summary.]

Among the stories covered on today's BradCast...

• The stock market soars on the barest of evidence that a vaccine could be on the way. Eventually. But irrational exuberance is...well...irrational;

• Trump fired the State Department Inspector General on Friday night. It was the fourth independent executive agency watchdog that Trump has axed over the past six weeks as he continues to dismantle all governmental oversight of the Executive Branch and what is virtually the last firewall against corruption by the most corrupt Administration in the history of the nation. In this case, the firing seems to have been carried out unlawfully by the President at the request of Sec. of State Mike Pompeo who is under investigation by the IG for forcing agency personnel to run personal errands for him and his wife, as well as for his part in funneling some $8 billion in arms sales to Saudi Arabia under the guise of Trump's phony "Emergency Declaration". The sales are in contradiction to a bipartisan vote by Congress last year, specifically denying the appropriation;

• Former Republican Rep. Justin Amash of Michigan decided over the weekend that he will not run for President on the Libertarian Party ticket after all;

• In Missouri, under pressure from an ACLU lawsuit, the GOP-dominated state legislature passed a law on Friday allowing all registered voters to vote with an absentee ballot if they so choose. That's good. However, those who are not either ill or at "high risk of serious complications from COVID-19" must still have their ballot verified by a Notary Public before it may be sent or counted. So, yeah, voters will still be forced to put themselves at risk in order to vote in the Show-Me state this November;

• Meanwhile, just before air today, California Governor Gavin Newsom announced the relaxation of certain criteria for counties to reopen businesses across the state;

• And in Long Island, New York, anti-lockdown protesters threatened a journalist reporting on their protests by running at him without masks on. "No," one of the jackasses is seen saying as he charges the reporter, "I got hydroxychloroquine! I'm fine!";

• We then open the phones to listeners to ring in on all of the above as well as on an interesting question the BBC posed to its audience over the weekend: "If you could go back to the start of the year and give yourself some pre-lockdown advice, knowing what was about to happen, what advice would that be?". Tune in for the answers!...

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It was another impossible news day to cover on today's BradCast, but we did our best with two historic hearings happening in D.C. at the very same time and a few special elections around the country just to keep us on busy. [Audio link to show is posted below summary.]

One hearing was on Capitol Hill and the other was at the U.S. Supreme Court --- or, at least, on the live-streamed telephone conference call that has now replaced traditional in-person oral argument at the actual Court, thanks to the still worsening coronavirus pandemic.

We begin today with the SCOTUS hearing. Two of them, in fact. Both on the attempts by federal and state officials to obtain Donald Trump's financial records stretching back 10 years from before he became President. One case concerns subpoenas from three different U.S. House Committees to Mazars USA, the President's longtime accounting firm, as well as to Deutsche Bank and Capitol One, with whom Trump has done business. The other case is over a subpoena by by the Manhattan District Attorney for many of the same documents and tax records from the same financial institutions. That document demand is part of a state grand jury investigation related to unlawful hush money payoffs Trump gave to two women in advance of the 2016 election, and his convicted lawyer Michael Cohen's allegation that Trump and his companies fraudulently inflated and deflated his net worth when applying for loans or filing taxes.

Trump is not actually a party to the subpoenas, but is suing the financial institutions to prevent them from responding to the lawful subpoenas. To date, he has lost every hearing in the cases in lower Courts, where his lawyers actually argued that a sitting U.S. President could shoot people on 5th Avenue and could not be stopped, arrested or investigated for doing so. While the Justices didn't seem to entertain that argument, several of them, particular the Republican-appointees, seemed to be trying to find a way to help Trump out of this jam. We discuss what seems likely to result in either a split on the two different cases --- with the Court blocking the Congressional subpoenas while allowing the ones in the state criminal investigation in NY --- and/or one or both cases being remanded back to lower courts for a more narrow reconsideration that would likely prevent Trump's tax returns and other financial records from being released in advance of the 2020 election.

As those arguments were playing out today, the heads of Trump's CDC, FDA and Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, testified before the U.S. Senate's Health, Education, Labor and Pensions (HELP) Committee. They did so remotely from their homes, where they are each self-quarantining after recently coming into contact with infected individuals at the White House. One of those individuals was Vice President Mike Pence's Press Secretary who tested positive on Friday, just before Pence appeared at a meeting with food producers in Iowa. As the company CEOs waited for the round-table discussion with Pence to begin, they were asked by an aide to the Vice President to remove their masks! That, despite advice from health officials (including the White House's own), and even though two of the executives run meatpacking plants where thousands of workers have contracted COVID-19. One represents Tyson Foods where more than 1,000 workers --- a third of its workforce --- at a meatpacking plant in Waterloo, Iowa have now tested positive. At least three workers at the plant have died.

Rural counties, especially in the heartland --- many with meatpacking plants and prisons --- are seeing a spike in cases of late, along with metropolitan areas where mostly Republican Governors have begun to prematurely lift stay-at-home orders to try and help the economy recover. An unreleased White House document prepared by the CDC and Department of Homeland Security, obtained by NBC News on Sunday, details hotspots all over the country, with many "red" states and counties seeing huge increases in cases over the past week. For example, last Friday, Arizona saw its largest single-day increase in cases, just about a week after Republican Gov. Doug Ducey began reopening the state.

A separate analysis of infections by the Associated Press today finds increasing cases in many of the same hotspots cited by the unreleased White House document, while noting that thousands of people are now getting sick from COVID-19 at their workplaces, including in recently reopened sectors such as construction workers in Austin, TX. At the same time, health workers continue to be hit especially hard, with more than 28,000 now having tested positive with more than 230 deaths in the industry. That, as well over 81,000 Americans have now been killed by the virus over the past two months.

No doubt, all of this is why Fauci warned Senators today of "really serious" consequences, including "suffering and death that could be avoided", if businesses reopen too soon. "There is a real risk that you will trigger an outbreak that you may not be able to control," he cautioned. "Which, in fact, paradoxically would set you back. Not only leading to some suffering and death that could be avoided, but could even set you back on the road to trying to get economic recovery because it would almost turn the clock back, rather than going forward."

But Donald Trump has an election to win this November, and it appears no number of dead Americans will get in his way of winning a second term. On that note, it's Election Day in several states today. And Trump was offering a preview of this November by lying over the weekend about today's Special Election for the U.S. House in California's 25th Congressional District. On Saturday, Rep. Tom Emmer (R-MN), who heads the National Republican Congressional Committee (NRCC) issued a memo to House Republicans with an "urgent call to arms", telling them to "raise hell" because Democrats in California were "doing all they can do to steal the election". Naturally, Trump took the lie and ran with it, tweeting about the addition of an extra in-person polling place for early voting over the weekend in a diverse part of the District, opened at the request of the city's REPUBLICAN Mayor!

Trump falsely claimed the polling place was added by the state's Republican Governor Gavin Newsom. (It wasn't, it was added by L.A. County --- at the request OF THE REPUBLICAN MAYOR who, while supporting the Republican in the race, was furious there was no polling place within his city's boundaries.) Trump falsely declared a "Rigged Election!" and lied to his Twitter followers that the election "was supposed to be mail in ballots only". That is also untrue. For the record, last Friday, Newsom did announce that every registered voter in the state would be sent a postage-paid absentee ballot for the November Presidential election. The move is said to be for safety reasons due to the pandemic --- the pandemic which Trump originally ignored, made much worse, and is now pretending to be over.

Finally today, Desi Doyen brings us the latest Green News Report, as the Administration reopens national parks despite the growing risks of coronavirus; as tax-payers are forced to pay for cleaning up old wells of bankrupted oil companies; and as France offers an airline bailout in exchange for cuts in greenhouse gas emissions. Now there's an idea...

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On today's BradCast: Sanders is out, and a former federal prisoner tries to sound the alarm about deplorable and deadly conditions in our nation's prison system as coronavirus turns jail sentences, even for non-violent offenders, into death sentences --- not to mention the dangers posed to prison workers and their families in the bargain. [Audio link to show is posted below.]

First up: And then there was one. Vermont Senator Bernie Sanders announced the suspension of his Presidential campaign on Wednesday, leaving Joe Biden the last man standing from about 25 or so Democratic men and women vying for the 2020 Democratic Presidential nomination. In a live-streamed announcement, Sanders said he was leaving the race, though staying on the ballot in the remaining primary states (if they are ever able to vote amid the coronavirus pandemic) in hopes of leveraging as many delegates as possible at the Democratic National Convention (if it is ever able to happen) to continuing moving his progressive agenda forward. We share an extended portion of Sanders statement today, in which he announces his support for Biden, if not yet an explicit endorsement.

Next: While most Americans continue to hunker down in their homes and maintain physical distancing while outside of the home as COVID-19 cases and deaths continue to rise, there are millions held in state and federal prisons (as well as immigration detention centers) who are unable to physically distance themselves from others. The result, not unexpectedly, is an explosion of infections and deaths for both prisoners and prison staff around the country, even as some states have released thousands of non-violent offenders to try and ease over-crowding that is exacerbating the problem and turning incarceration into a potential death sentence for many.

Former Alabama Governor DON SIEGELMAN contacted us last week in hopes of trying to get the word out about the problem, including at the Federal Correctional Institution in Oakdale, Louisiana, where the former Democratic Governor (and "political prisoner") served five years of time before his long-overdue release in 2017.

The minimum security facility at Oakdale has seen an explosion of COVID-19 cases and, according to suspiciously low numbers being reported by the U.S. Bureau of Prisons (BOP), currently has more reported cases (35) and deaths (5) than any other federal facility. (Curiously, on its website, the BOP is reporting just 253 federal inmates and 85 BOP staffers infected as of today at more than 40 federal facilities across the country. At the same time, as the NYTimes reported this afternoon, the Cook County jail in Chicago alone has at least 387 cases linked to that one county facility.)

Siegelman, who has been in touch with some of his former cellmates who are now pleading for help, details the conditions that prisoners at the Oakdale facility are forced to live under. "The conditions at Oakdale were bad before the virus started," he tells me. "If people can imagine living stacked, one on top of the other, basically a warehouse."

He details one of the areas he was housed in that inmates call "the submarine room" because bunks are stacked three high and it is like living in a submarine. The bunks, he says, are "so close together you can actually reach out and touch the other inmates if you wanted to. It was so crowded. There's no ventilation. The doors are shut, the windows are locked. There's nothing to protect an inmate from breathing what other inmates exhale." With inmates "in such close proximity, there is no way to protect themselves from someone who has the virus, who is a carrier. For the virus, it's going to be like shooting fish in a barrel."

Siegelman explains that he has been told the facility has not made adequate changes to deal with the outbreak, which is why the ACLU has filed a lawsuit in hopes of allowing many of the non-violent offenders to be released from the facility. While that has happened in a number of state prisons, the federal system is moving intolerably slowly in taking any action at all. In many cases, Siegelman says, prisoners are locked up during pre-trial, before they've been found guilty of anything. In others, they are forced to stay in these dangerous conditions longer than they might otherwise, since many probation and parole boards have been unable to meet due to the pandemic.

He is calling for non-violent offenders, particularly those late in their sentences, to be released immediately. "My question is, why are they there in the first place? If they pose no threat to public safety, if they're non-violent offenders, if they have only a few months remaining on their sentence, if they are at risk because of health reasons, why not let them out? They should have been out already."

The once very popular southern state Governor served from 1999 to 2003, after serving as Alabama's Sec. of State, Attorney General and Lt. Governor. He was charged with bribery-related offenses in which he never received a dime on charges that more than 100 former Democratic and Republican state Attorneys General described as something that was never considered to be a crime until Siegelman was charged with it. He was sentenced by a federal judge who was later arrested and removed from the bench after being found to have beaten his wife.

The evidence suggests, as we've covered his story over the years on air at The BRAD BLOG, that it was a political prosecution which included major prosecutorial misconduct during the George W. Bush era, when Siegelman's Republican rival, Gov. Bob Riley, worked closely with longtime Alabama GOP operative Karl Rove to take him down by any means necessary. That included an almost-certainly stolen election on a Diebold optical-scan tabulator on which results were flipped against him in the middle of the night. All of which Siegelman details in his upcoming book, Stealing Our Democracy: How the Political Assassination of a Governor Threatens Our Nation.

For now, however, Siegelman is fighting for criminal justice reform and imploring listeners to "call your mayors, your governor, and Members of Congress to keep the pressure on to get these people out of jail and out of prisons that pose no public safety risk. They need to say that inmates that are non-violent, that pose no public safety risk, need to be released --- or at least placed in another facility where they are separate from other inmates. .... We would hope that the President of the United States would get on board and take this a little more seriously. But don't hold your breath."

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On today's BradCast: Governors in California, New York, Illinois and Pennsylvania are among the first to issue statewide "stay-at-home" orders, though more are likely to do so very soon as the nation begins to self-quarantine due to the coronavirus pandemic. But is it possible, legal or Constitutional that Donald Trump could exploit this serious public health crisis to postpone or cancel this November's critical Presidential election? We gets some legal and Constitutional answers to that question today and the answers are both comforting and not comforting at all. [Audio link to show is posted below.]

But first, CA Gov. Gavin Newsom, in a letter to Donald Trump, warned that, without mitigation efforts, including help from the federal government, as many as 56% of the Golden State's population (or 25.5 million people here) could become infected over the next two months.

At the same time, a shortage of personal protective equipment for health care workers has led to price-gouging by the nation's medical supply companies, according to a GA healthcare CEO who says he is being charged $7 a piece for critical masks that usually cost .58 cents each. But why do we even have a shortage, given that we've known about this matter for months and Trump has now supposedly invoked the Defense Production Act, allowing the federal government to commandeer manufacturing facilities to meet critical needs for the nation's security?

At the same time, just days after the Republican Party had been tarring the Democratic Party as "socialists", Republicans are now calling for major socialist giveaways to combat the COVID-19 crisis. In fact, Trump is even calling for the federal government to take ownership in private corporations that may soon be receiving yet another socialist bailout. That's right, according to the President, Republicans like him now support the very definition of socialism wherein the government takes control of the means of production.

Then again, based on the President's unhinged behavior at today's White House press briefing, which we share on the show, he may be losing track of reality even faster than previously.

All the while, states around the nation continue to postpone previously scheduled Presidential primary elections, with Connecticut and Indiana over the past 24 hours joining more than a half dozen states who have already done so. But, never mind the primaries. With a desperate, already-unbalanced President like Trump, would anybody be surprised if he attempted to invoke national emergency powers amid a global pandemic to try and cancel this November's Presidential election all together? And, if he wanted to, does either federal law or the U.S. Constitution allow him to do so?

Slate's ace legal and court reporter MARK JOSEPH STERN has been looking into that point which, he tells us, might have seemed crazy just a few weeks ago, but no longer. The short answer is no, Trump can't do it on his own, not without Congress agreeing. But there are enough "red" states with a mechanism for doing so that, under this Presidency, you'd be ill-advised to keep your guard down. He explains the no-longer-unimaginable circumstances that could occur.

He also details how the Trump Administration recently ordered immigration judges to remove CDC posters warning about the coronavirus epidemic from their courtrooms, as crowded detention centers become breeding grounds. Stern says that, at this point, with this crisis and some 50,000 jammed into crowded, unsanitary detention camps, "the entire system is in total disarray."

Stern has also been reporting of late on how it's not only the Executive Branch that has monumentally failed to take appropriate action for weeks to prevent the spread of the virus --- the Judicial Branch, headed up by U.S. Supreme Court Chief Justice John Roberts, has failed mightily on that score, as both courtrooms and prisons have turned into viral petri dishes over the past several weeks. "It is a mess, because the chief judge of every different district court is making these decisions on the fly," he tells me. "Unfortunately, people are still being exposed to this virus in federal courtrooms right now. "

But at least Roberts has cancelled oral arguments before his own Court this month, including cases regarding whether Trump must release his taxes to law enforcement officials and whether or not Presidential Electors in states across the country must, in fact, vote the way their state's have when those electors cast their lot with the Electoral College. That question --- if SCOTUS ever reconvenes and issues an opinion on it --- may play a key role in the question regarding the ability of this President to effectively cancel this year's Presidential election.

All of those issues, and many others today, in another don't-miss, news-packed BradCast!...

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We've got a lot to catch up on on today's BradCast after a long holiday weekend, as the crisis of rot and corruption inside the once-revered U.S. Dept. of Justice continues to metastasize under Donald Trump and Attorney General Bill Barr; as billionaire Michael Bloomberg buys his way into shaking up the 2020 Democratic Presidential race; as the Nevada Caucuses may be heading toward another embarrassing meltdown this weekend; and as our ongoing, literal planetary meltdown continues. [Audio link to full show is posted below.]

Among the stories covered on today's packed program...

• Amid an already deepening crisis at the Justice Dept., Trump went on a "clemency spree" on Tuesday, issuing pardons to a long list of crooks, cronies and n'er do wells --- many of them personal friends of the Prez, natch --- from former Illinois Gov. Rod Blagojevich (who attempted to sell a U.S. Senate seat), to Rudy Giuliani pal and former NYPD Commission Bernie Kerik (who lied to the Dept. of Homeland Security), to the former owner of the San Francisco 49ers (who bribed a Louisiana Governor for a riverboat casino gambling license.) Those are just some of the liars, tax frauds and scam artists like Trump who received get-out-of-jail free cards today, in hopes, we surmise, that someone may do the same for Trump some day, once the law finally catches up with him. And it will;

• With the American system of justice now in full and active breach at the DoJ under Barr's corrupt leadership, the calls for his resignation have grown impossible to ignore in the wake of his unprecedented overruling of career line prosecutors' recommendations for criminal sentencing of longtime Trump confidante Roger Stone and former National Security Advisor Michael Flynn (among other wildly corrupt actions he's taken of late and since taking office last year.)

  Former Deputy Attorney General Donald Ayer, appointed by George H.W. Bush, describes "Bill Barr's America" as "a banana republic where all are subject to the whims of a dictatorial president and his henchmen," in a new Atlantic op-ed while calling for a "public uprising demanding that Bill Barr resign immediately, or failing that, be impeached."

  More than 2,000(!) former DoJ officials, both Democratic and Republican, have now signed on to a Sunday public letter declaring Trump and Barr "have openly and repeatedly flouted" the concept of equal justice in the U.S., and demanding Barr step down, citing "damage" that Barr's actions "have done to the Department of Justice's reputation for integrity and the rule of law."

  And, in the wake of all of this --- and the President's continuing Twitter attacks on the U.S. District Court Judge overseeing Roger Stone's case and upcoming sentencing --- the Federal Judges Association, a group of more than 1,000 jurists, has now called an "emergency meeting" for Wednesday to discuss related issues that, according to its President, George W. Bush-appointed U.S. District Judge Cynthia Rufe, "could not wait" until the group's spring conference scheduled for April;

• Meanwhile, the Democratic and democratic efforts to replace Trump in November's election continue apace, as Nevada Democrats address security concerns about their upcoming Saturday caucuses by switching to electronic voters! (Okay, that one's from The Onion, but still, it shouldn't be long);

• The Dominican Republic sets an example that Americans might want to pay attention to, by suspending their weekend election just a few hours after polls opened due to failed electronic voting systems. (Who could have seen that coming?);

• Billionaire Michael Bloomberg turned Presidential candidate turned self-declared reformed racist and misogynist, buys his way onto Wednesday's Democratic Presidential Debate stage in Las Vegas, even though he will not be on the ballot at Saturday's caucus there. Bloomberg, it was announced on Tuesday, will appear at the forum, after qualifying in several national polls, including a second place finish in a new NPR/PBS/Marist national poll and a virtual tie for second with Joe Biden in a new NBC News/WSJ survey. In both of those national polls, Biden has plummeted and current front-runner Bernie Sanders has taken double-digit leads over his nearest competitor;

• But, according to news reports from Washington Post, Politico and others over the weekend, the Nevada Caucuses could be a "complete disaster" mirroring Iowa's just two weeks ago. Under-trained caucus leaders, a lack of communication between the state party and the candidates' campaigns about the complicated process, and the use of an iPad "Caucus Calculator" could lead to a meltdown, many fear. If the hours-long lines at last weekend's Early Voting sites are any indication, state Dems may, once again, be in way over the heads. But we'll see;

• In slightly brighter primary news, late last week California Governor Gavin Newsom signed a last-minute bill into law that will allow Golden State voters to change party registration up to and on Election Day itself. That seemingly very smart move may help the state avoid some, if not all, of the expected confusion and potential meltdowns at their own March 3rd Super Tuesday primary in the state with the most Democratic delegates at stake (415 of them) in this year's nominating contest;

• Finally, Desi Doyen joins us for our latest Green News Report, as Antarctica breaks another stunning heat record, Mississippi gets swamped, Trump's EPA allows the return of toxic mercury even though the Obama-era regulation was a tremendous success and the utility industry doesn't even want him to, and some very big news from CNBC's Wall Street guru Jim Cramer declaring fossil fuels "over!"...

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Today's BradCast offers some historic news and some chilling news. And some that may be both. [Audio link to show follows below.]

U.S. House Speaker Nancy Pelosi announced on Thursday that she is directing House Democrats to move forward to draw up Articles of Impeachment against Donald J. Trump. It is only the fourth time in our nation's history for such an action. We share Pelosi's somber announcement and the history lesson that it includes, as well as the reaction from the White House, from Trump himself, and the steps that lie ahead in the House Judiciary Committee as we move toward a trial in the U.S. Senate for removal of the President.

The historic action, which reportedly may include as many as four different Articles of Impeachment --- Abuse of Power, Bribery, Obstruction of Congress (in the Ukraine affair) and Obstruction of Justice (in the Robert Mueller Special Counsel probe) --- has become necessary, according to Pelosi, to save the republic in light of Trump's recently revealed attempts to undermine the 2020 election with help, once again, from a foreign nation.

Then, the Dept. of Justice on Thursday announced two indictments of Russian hackers --- whose whereabouts are currently unknown --- as part of what officials describe as one of the largest cybercrime sprees in U.S. history. The sweeping criminal conspiracy was allegedly led by the two men, who officials have tied to Russian security services. It involves malware designed to defeat anti-virus software distributed by a group named Evil Corp (seriously) and used to siphon more than $100 millions dollars from the bank accounts of companies and even school districts in at least 11 states. The malware phishing schemes reportedly even targeted a small organization of nuns in Chicago.

While that attack has been broad and ongoing over many months, a seemingly separate scheme, also tied to Russians criminals, crippled technology services to more than 100 nursing homes across the U.S. with a ransomware attack on the company that provides the tech services to those facilities. Following a successful emailed phishing attack on November 18, that someone within the company appears to have clicked on, the network of the Milwaukee-based firm was infected, leading the cybercriminals to demand $14 million for the restoration of access to at least 100 hijacked servers. Reporting over the Thanksgiving holiday suggests the company will rebuild their servers rather than pay the ransom. But, in the meantime, some of the nursing homes serviced by the company were unable to access patient records, use the internet, pay employees or order medications. AP reports that ransomware attacks of this kind have been on the rise in 2019, particularly those that target critical public services, with some 70 such attacks in the first half of the year targeting more than 50 cities.

Another victim --- and here's where it begins to get even more chilling --- was the state of Louisiana. They appear to have been attacked on the same day as the Milwaukee tech services company. What makes this attack far more unnerving is that it took place just two days after Louisiana's recent gubernatorial run-off election on November 16.

While the state was quick to stop the spread of the virus, they had to shut down vital state services at dozens of agencies, including the Office of the Governor, the Louisiana State Legislature, the Office of Motor Vehicles, the Department of Corrections, the Department of Children and Family Services, the Department of Health and others, such as the Louisiana Secretary of State's office on the heels of the major runoff elections just two days earlier. Hundreds of computers were affected in the state overall, including those offering elections results to the public at the Secretary of State's website. Had the attack come just days earlier, it might have been devastating for the state's elections, which shamefully require all voters at the polls to vote on 100% unverifiable touchscreen computer voting systems. Had those been knocked out --- or the electronic pollbook systems required to use them --- chaos might have ensued in the closely watched statewide election.

Nonetheless, dozens of other states and counties around the country (many of them battlegrounds and/or highly-populated) are currently moving --- right now! -- to similar computer touchscreen voting systems that rely on working computer networks in advance of the critical 2020 elections. Those systems will be wildly vulnerable next year, where unhackable hand-marked paper ballot systems would not be. Are we insane?

Finally Desi Doyen joins us for the latest Green News Report, with even more chilling news. Though, in this case, it's about the warming of the globe and the GOP Senate confirming yet another lobbyist to a top Trump cabinet seat. Happily, there is a bit of good news in today's GNR as well, regarding California's ban on new fracking, and teen climate activist Greta Thunberg's safe arrival back in Europe for this year's U.N. climate conference in Spain...

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IN TODAY'S RADIO REPORT: Congratulations! You've just lived through the hottest ten years on record; GOP Senate confirms former lobbyist as Energy Secretary; California bans all new fracking, for now; PLUS: Teen climate activist Greta Thunberg has a warning for politicians... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Natural gas rush drives global rise in fossil fuel emissions; Florida Keys deliver a hard message: as seas rise, some places can't be saved; Nestlé cannot claim bottled water is 'essential public service', court rules; Scientists use novel experiment to restore ecosystems around coral reefs; Pipeline giant sues Texas Railroad Commission for lax oversight of gas flaring; Environmental groups protest Europe burning U.S. wood as 'climate-friendly' fuel... PLUS: Need an idea for a climate-friendly gift? We have 79.... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Trump Administration begins formal withdrawal from Paris Climate Agreement; Another significant oil spill on the Keystone Pipeline; Trump threatens to withdraw federal disaster aid for California wildfires; PLUS: Swedish teen climate activist Greta Thunberg takes her climate action message to Los Angeles... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): I’m a climate scientist who believes in God. Hear me out; First cyberattack on solar, wind assets revealed widespread grid weaknesses, analysts say; Possible solar storage breakthrough could be game changer; Indonesian journalists critical of illegal palm oil plantation found dead; Oil-rich Norway’s central bank sounds climate risk warning... PLUS: Exxon climate ads aren’t "political," according to Twitter... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: State of emergency in California, amid massive, wind-driven wildfire outbreak; Massachusetts sues Exxon Mobil over climate fraud; Poll finds Americans want less oil and gas exploration, not more; PLUS: Trump's plan to take Syria's oil has a small problem --- it violates international law... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Coal giant Murray Energy is 8th coal company to declare bankruptcy this year; GM, Toyota side with Trump in CA emissions fight; Secret deal helped housing industry stop tougher rules boosting energy efficiency, disaster resilience; 'Evil economics': Rev. William Barber condemns proposed plastics facility in Cancer Alley; Mars Candy still contributing to rampant deforestation, despite pledge; Global warming will cost rich and poor countries alike; CDC whistleblower says he was told not to use phrase "climate change" after Trump elected.. PLUS: Climate change has set California on fire. Are you paying attention?... and much, MUCH more! ...

With a short, semi-pause in the hot impeachment action on Capitol Hill, we take the opportunity on today's BradCast to catch up on a number of non-impeachment related stories (mostly). [Audio link to show follows below.]

Among the many covered on today's program...

• With climate change induced temps soaring, humidity plummeting and hot, nearly hurricane force desert wind gusts buffeting much of the state, wildfires are again breaking out again in both Northern and Southern California, despite the state's several privately-owned for-profit utility companies preemptively shutting down power to as many as half a million customers. That, to avoid still more liability for failing to maintain and/or bury their power lines which have been found as the cause of many recent deadly fires in the global warming-parched state. Gov. Gavin Newsom had some choice words on Thursday about those utility companies, such as Pacific Gas and Electric (PG+E) and Southern California Edison, placing profits over safety for many years in what he blasted as "dog-eat-dog capitalism [and] corporate greed meeting climate change";

• As the years-long probe by Trump's State Department into the phony "scandal" surrounding Hillary Clinton's use of a private email server as Secretary of State finally concluded very quietly last week --- having found "no persuasive evidence of systemic, deliberate mishandling of classified information” --- yet another top Trump Administration official is being investigated for his use of private email accounts to conduct official business. Commerce Secretary Wilbur Ross is at least the 9th senior Trump official who has been revealed to have done so, as he faces both a civil lawsuit over the practice, and as the National Archives and Records Administration has just opened an official probe;

• In only somewhat impeachment-related news, Donald Trump's personal lawyer Rudy Giuliani, who refused last week to answer a Congressional subpoena from House impeachment investigators while parting ways with his personal attorney, is now said to be looking for a new criminal attorney. The former NYC Mayor is reportedly a person of interest in at least two different federal probes, both criminal and counterintelligence, being carried out by federal prosecutors in the Southern District of NY (the office Giuliani once led as U.S. Attorney);

• In U.S. healthcare news, open enrollment on the federal Affordable Care Act healthcare.gov exchange is set to begin on November 1, with as many as 20 new insurers and an average drop in the cost of premiums of 4%. Despite years of attempts by Republicans and Donald Trump to try and undermine "Obamacare", its marketplace is apparently stabilizing even as a ruling is now pending at any time from a federal appeals court in the GOP challenge to the law seeking to strike down the entire Act as unconstitutional;

• And, in related-ish news, a court in Massachusetts has temporarily delayed an ill-considered attempt by its Governor to institute the nation's strictest ban on vaping, in supposed response to a recent outbreak of lung injuries, a number of them deadly, due to the use of black-market THC/cannabis vaping cartridges. Gov. Charlie Baker's attempted ban, however, would prevent the sale of all nicotine vaping products, which are not tied to the recent outbreak in any way, thus endangering the lives of an untold number of smokers and former smokers who would be prevented from using life-saving nicotine vapor devices in the state. Shamefully, a number of other states are in the process of implementing similarly deadly bans, thanks in no small part to horrifically irresponsible media coverage that has equated safe nicotine vaping (and safe marijuana vaping in locations where it is both legal and regulated) with the use of contaminated black-market THC vaping devices;

• Finally, Desi Doyen joins us for the latest Green News Report, with more on the disgraceful and dangerous California private utilities power blackouts, the deadly costs of Trump's rollbacks of clean air standards, and Congressional testimony from former Exxon scientists who detail how the oil giant spent decades and millions of dollars lying to the public about climate change...

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