On today's BradCast: One reason after another why Democrats needs to step up and offer a bold and fearless vision for a more progressive, safer, healthier, more equal and prosperous America as we look beyond the dark, corrupt era of Donald Trump. [Audio link to show is posted below after summary.]

But we start today with what Trump tweeted out as "Great News!" on Thursday, a new poll he saw on Fox "News" labeled on screen as "TRUMP'S SOARING APPROVAL" finding him with an overall 55% approval rating! Only trouble, the poll from Georgetown University found him with a 55% DISapproval rating (and just 41% approval.) Don't hold your breath for Trump to delete the Tweet.

Why should he? He's gotten away with just about everything he and Fox could ever hope for, including the complete regulatory capture of the federal government which --- following Thursday's Senate confirmation of a longtime oil and gas industry lobbyist to lead the Interior Department --- now includes corporate executives and lobbyists heading virtually every Executive Agency meant to oversee and regulate the very industries they previously worked for. Do Fox viewers not mind that Trump has filled the D.C. "swamp" like it's never been filled before? Or do they not know? Or do they just not care? Given Trump's latest, impeachable behavior regarding the southern border, and the cheers he receives from supporters for it, it's a good guess that his Republican base couldn't care less. They vote as they are told (by Fox).

Next, on the same day that New Zealand's new ban on military-style assault weapons officially goes into effect --- after being approved by a 119 to 1 vote in Parliament this week, less than one month after a massacre by a white supremacist at two mosques in Christchurch killed 50 and wounded 50 others --- many in the U.S. are left wondering why any action to improve gun safety here remains seemingly impossible.

We're joined today by IGOR VOLKSY, founder of Guns Down America and author of the brand new book Guns Down: How to Defeat the NRA and Build a Safer Future with Fewer Guns. Volsky explains what lessons we might learn from New Zealand and why changing gun laws in the U.S., where more than 30,000 Americans are killed by guns each year, is so difficult.

He is calling for bold new platforms from 2020 Democratic Presidential candidates who, he says, have offered grand visions for the environment, health care and even taking on major corporations, but not when it comes to guns, where they beg for table scraps and barely incremental improvements --- if they even raise the issue. Volsky argues that, despite broad majority support for a host of common sense gun measures across all parties --- including for the banning of military-style assault weapons --- a new political framing is needed which isn't "designed to talk to some kind of mythical moderate voter".

"I am calling on the 2020 Presidential candidates to fundamentally reframe the conversation around guns, to establish a long term goal to establish a future with fewer guns, and to talk about the ways we need to raise the standard for gun ownership, for gun production," he tells me. "And by the way, when I say gun production, I mean actually regulating the firearm industry --- that it stops producing militarized weapons for the civilian market, both in terms of the assault weapons and the much more militarized handguns that use larger rounds." How to do that without flinching against the politically powerful NRA and its even more powerful rightwing propaganda outlets will not be easy, nor quick. He argues that it will require a bold, long term vision that is still absent from Democratic politics and messaging.

Finally today, two must-listen clips from Congressional hearings this week. The first features freshman Rep. Katie Porter (D-CA)'s absolutely shaming Jamie Dimon, CEO of the nation's largest bank, JPMorgan Chase, for the paltry salary he pays his own employees, even after the bank reported a more than $9 billion PROFIT in just the first quarter of 2019 alone. Many of his employees, she details, are actually losing money each month, even while working full time for Chase, while Dimon enjoyed a $31 million salary last year.

As Paul Waldman observed at WaPo after watching the instructive colloquy between Porter and Dimon, "JPMorgan Chase could give every one of its 250,000 employees a $25,000 raise, and it would cost the bank only about two-thirds of the profit it made just in the first quarter of this year." He too is hoping that Porter's point becomes a central theme for Democrats running for office. Other Democrats in Congress --- including those running for President in 2020 --- have a lot to learn from the new crop of first-term progressives in the House.

And lastly, an absolutely remarkable exchange in the House Oversight Committee between climate-science denying clown, Rep. Thomas Massie (R-KY), and former Sec. of State John Kerry at a hearing on "The Need for Leadership to Combat Climate Change and Protect National Security." Suffice to say, if you're bested by John Kerry in a debate, you must be REALLY bad at this. And the laughable Massie certainly was...

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On today's BradCast: You get an indictment! You get an indictment! You get an indictment! Everyone gets an indictment!!! Well, not everyone. At least not everyone who deserves an indictment. But a bunch of folks got indicted today in a bunch of separate federal cases. [Audio link to full show is posted below.]

One time Democratic hero and former Stormy Daniels attorney Michael Avenatti was charged in a 36-count federal indictment in California for allegedly stealing from clients, not paying his taxes, and committing bank fraud. Former Obama White House Counsel Greg Craig was charged by prosecutors in D.C. for lying to federal agents regarding his lobbying work in Ukraine, a case that came out of the Robert Mueller Special Counsel probe (where Trump Campaign chair Paul Manafort was previously found guilty of very related charges).

And, of course, WikiLeaks founder Julian Assange was finally arrested in the U.K. after being kicked out of the Ecuadorean embassy in London (where he's claimed asylum for the past seven years) before being found guilty by a British judge of skipping out on bail while facing extradition for charges of sexual assault in Sweden back in 2012. The Swedish charges have since been dropped, but Assange now faces both prison time in Britain and an extradition request from the U.S. where prosecutors unsealed a one-count indictment [PDF] against him today, as filed under seal in March of 2018.

For now, that charge is an allegation of "conspiracy to commit computer intrusion". Federal prosecutors in the Eastern District of Virginia claim he attempted to help crack a password for a classified Defense Department computer system to assist then U.S. Army Pvt. Chelsea Manning in hacking documents. That, after Wikileaks had already released hundreds of such documents --- many containing evidence of serious U.S. crimes --- taken by Manning, back in 2010. Freedom of the press advocates, however, warn today that the charges being brought by Trump's Dept. of Justice against Assange could be expanded to include normal journalistic activities, which could threaten the Constitutional rights of many media outlets and journalists alike.

We detail today what we know --- and don't --- about the indictment; what we know --- and don't --- about what Assange and WikiLeaks have done (including the release of documents stolen from the DNC and Hillary Clinton campaign in 2016); and what all of this may --- or may not --- mean for U.S. press freedoms as the case moves forward.

Also today: Some good news regarding the death penalty in New Hampshire; Some quick updates on Trump Treasury Dept. Secretary Steven Mnuchin's refusal (so far) to turn over Trump's tax returns to Congress in violation of the law; Trump Attorney General William Barr's obnoxious, hypocritical, and (so far) evidence-free claim that the Obama Administration was "spying" on the Trump Campaign in 2016; And more disturbing details on the perfidy and corruption of David Bernhardt, the longtime oil and gas industry lobbyist who was shamefully confirmed today by the U.S. Senate as Trump's new Interior Department Secretary.

Finally, Desi Doyen brings us the latest Green News Report on Trump's newly signed Executive Orders authorizing himself to, among other things, authorize new oil and gas pipelines without approval from other federal agencies, and to remove states' rights to block energy infrastructure that threatens local water supplies; the second bomb cyclone in weeks to likely bring billions in damages to a number of Midwestern states; and several troubling new studies regarding the acceleration of climate change and glacial ice melt now outpacing previous scientific predictions...

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On today's BradCast, finding light on a very dark news day, and making sense of Devin Nunes' bizarre new legal attack against a well-respected media outlet. [Audio link for today's show is posted below.]

You know the news is dark on a day when the brightest spot seems to be the first-ever photographic evidence of a black hole in a galaxy that is 53 million light-years from Earth, as constructed by an international consortium of scientists from 20 different countries employing an array of observatories around the world to construct a virtual "telescope" the size of the planet itself. The assembled image of the supermassive black hole is the first such glimpse of such an object in space (theorized by Einstein over a century ago, but directly proven today for the first time) containing the same mass as 6.5 billion suns and so dense that nothing, not even light, can escape its gravitational pull.

Sounds a lot like the Trump Administration. But we (mostly) avoid that today, even as we discuss one of its biggest supporters in Congress, California Rep. Devin Nunes, and his increasingly mysterious (and troubling) new legal gambit.

But, before we get there today, an update on last week's razor thin race for a key seat on Wisconsin's Supreme Court. With computer-reported results from last week's election showing progressive-aligned Judge Lisa Neubaeur fell less than half of a percentage point shy of defeating far-right Judge Brian Hagedorn for a seat on the state's high court being vacated by a retiring progressive-leaned Justice, Neubauer decided on Wednesday against seeking a recount which she would have had to pay for under state law. Her concession today --- despite unofficial and unconfirmed computer tallies showing a loss by just about 6,000 votes out of some 1.2 million cast statewide --- means that progressives will be unable to regain a majority on the court until 2023 at the earliest. The new 5 to 2 rightwing majority all but scotches hopes for rolling back former Republican Governor Scott Walker's anti-union measures and GOP voter suppression laws, and could handicap the state's Democrats during the inevitable redistricting fights following the 2020 census. (Have we mentioned lately that elections matter?!)

Also today, more on the incoming and "potentially historic" "bomb cyclone" developing over plains states and the upper Midwest, where blizzard warnings have now been issued in 6 states, snowfall as high as two feet is predicted in some areas, and the threat of more major flooding is plaguing several states still fighting to recover from billions of dollars in damage from the last "bomb cyclone" which erupted just weeks ago. This latest evidence of the increasingly dangerous threat of catastrophic climate change comes on the same day as Donald Trump signed two new Executive Orders intended to make it more difficult for environmental regulations at the state level to prevent the construction of new oil and gas pipelines (which serve to exacerbate man-made global warming.)

Then, we're joined by veteran media analyst and author ERIC BOEHLERT to discuss the latest bizarre lawsuit, which seems to challenge the First Amendment itself, as filed by Nunes this week.

Several weeks ago, the California Congressman and top Trump ally in Congress filed a $250 million lawsuit against Twitter, the owners of two anonymous parody accounts (@DevonCow and @DevonNunesMom), as well as Republican strategist and Nunes/Trump opponent Liz Mair for defamation. This week, the GOP Congressman filed suit against Mair again, along with the 162-year old McClatchy Company, a news consortium which publishes the Fresno Bee, the hometown paper in the Nunes' central California district. His latest complaint seeks $150 million in damages, charging defamation based on an article published by the Bee last year detailing the settlement of a lawsuit after a charity yacht cruise which reportedly included cocaine and underage prostitutes, according to court documents cited by the paper. The cruise was auctioned off by the philanthropic arm of the Alpha Omega Winery, in which Nunes is an investor.

But where his Twitter suit seemed absurd, this new suit --- like the first one, originally reported by Fox "News", of course --- suggests a darker and more nefarious effort to undermine Constitutionally-protected freedom of the press. Who is funding these efforts by Nunes and why? Might it have anything to do with Trump's repeated assertions that libel laws need to change to make it easier for public figures like himself to challenge reporting that celebrities like himself don't care for?

Boehlert offers insight on what may be going on here: "The Republican Party has decided that Google, Twitter and Facebook are the new targets. And they're using the exact same playbook that they used on the traditional media for four decades, which is you work the refs, you scream and yell over these fake phony allegations of 'liberal media bias'. And it works! Facebook has bent over backwards to make sure Republicans are happy. Twitter could have easily banned Donald Trump two years ago and saved this country an enormous amount of pain, because he obviously violates the rules all the time. So it works."

But there may be even more behind all of this, as we discuss, along with his concerns about ongoing corporate media failures in the wake of Trump AG William Barr's handling of the still-secret Mueller Report and other related matters as we head into the 2020 Presidential election cycle.

Finally, we close with some listener mail regarding our ongoing discussions of how Dems should move forward as they attempt to remove both Donald Trump from office next year and the nation itself from the black hole we continue to sink into under his increasingly dark reign...

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On today's BradCast: It's not enough that Trump has fired just about everyone in his failed Administration (or they quit), and has failed to fill the vacancies left behind, and that he has personally violated an unprecedented number of laws both before and after taking office, or that he's purging most of his top officials who work on immigration. No, it's even more distributing than that. [Audio file for today's show is posted below.]

Last week, the President of the United States said, with cameras rolling, that we "have to get rid of judges" just days before, reportedly, instructing Customs and Border Patrol agents to ignore the rule of law and simply block immigrants from exercising their right to claim asylum at the southern border once on U.S. territory. That, of course, would be a violation of both U.S. law and international treaties.

According to CNN's Jake Tapper, Trump instructed agents at the border in Calexico, California on Friday to tell immigrants the U.S. is "full" and "at capacity" and "if judges give you trouble, say, 'Sorry, judge, I can't do it. We don't have the room.'" If true, that would be an unlawful instruction from the President of the United States ordering a law enforcement officer to violate law and then to do so again once a federal judge has ordered otherwise. Real Presidents (at least Democratic ones) would be --- or should be --- impeached for such things. But we have the Republican Donald Trump as our President.

In other related Trump immigration meltdown news today...

• More on why Dept. of Homeland Security Secretary Kirstjen Nielsen was pushed out by White House hardliners (after she reportedly refused to violate the law as Trump was demanding and also pushed back against Trump's order to close ports of entry at the border entirely);

• Poor, disgraced, former KS Sec. of State, failed gubernatorial candidate and GOP "voter fraud" fraudster Kris Kobach --- recently floated to take over some immigration duties for the Trump Administration --- may be blocked from a Senate-confirmed post because, as Kansas' GOP U.S. Senator Pat Roberts told reporters today, Kobach is so toxic that apparently even the GOP-majority Senate "can't confirm him". Luckily, Republicans who used to pretend to hate Presidential "czars" have a very short memory, so there may be another way into the Administration for Kobach, the currently jobless Kansas conman;

• As to judges, another one in federal court on Monday night temporarily blocked yet another key Trump immigration policy, at least for now. The federal courts are unlikely to like Trump's new one any better, I suspect.

Also today --- actually, right at the top of the show --- some listener mail in follow-up to my conversation on yesterday's program with the ACLU's Phil Aroneanu regarding the group's newly-launched Rights For All campaign which seeks to get 2020 candidates on record regarding several "thorny" issues regarding civil liberties and Constitutional rights. A number of listeners had some thoughts on my questions for Aroneanu regarding the potential political dangers of backing Democratic candidates into politically difficult policy positions as they attempt to unseat arguably the worst President --- from a civil liberties and Constitutional rights perspective --- our nation has ever had. We share and discuss a few of those listener emails today.

And, finally, Desi Doyen joins us for our latest Green News Report, as the Midwest buckles up for another potential "bomb cyclone" and still more catastrophic flooding to follow it; Global warming has pushed the Arctic into an "unprecedented" new state; and the GOP, after ridiculing the Democrats' Green New Deal have introduced their own response to it called the 'Green Real Deal'. You may be surprised who the lead Congressional sponsor is, though less surprised as to what the plan actually calls for...

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On today's BradCast: Two tracks, plus callers, as the Right ascends at the White House and the ACLU's fight to restore civil and Constitutional rights finds its way into the 2020 President campaign. [Audio link to show is posted below.]

The hardliners are rising at the White House today, as Trump continues to purge top officials from several different key agencies, including the sprawling Dept. of Homeland Security (Sec. Kirstjen Nielsen was forced to resign on Sunday); Immigration and Customs Enforcement (Ron Vitiello, Trump's nominee to head the agency was suddenly withdrawn last week after already clearing a key Senate hurdle); U.S. Citizenship and Immigration Services (both its Director and General Counsel were purged today); the Secret Service (its Director Randolph "Tex" Alles is now said to be leaving); and the bloodbath is continuing at other agencies as well. All of that as the number of families seeking asylum at the southern border continues to increase despite --- or, perhaps, because of --- a number of failed Trump Administration policies.

Moreover, on Monday, the foreign policy hardliners at the White House are ascendant at well, as the Administration is announcing its designation of Iran's Islamic Revolutionary Guard Corps as a foreign terrorist organization. It's the first time the U.S. has designated a foreign government entity in such a way, and the move is reportedly opposed by top Pentagon and CIA officials who fear blow-back to American troops and intelligence operatives abroad. Indeed, Iran has already responded by calling for U.S. Central Command, which oversees operations in the Middle East, to be designated as a terrorist organization in response.

Amidst this latest disturbing lurch to the hard-right by the Trump Administration, some of us continue to look forward to 2020 when voters can, hopefully, do something about it. To that end, for the first time in its storied history, the American Civil Liberties Union (ACLU) is jumping into electoral politics in a major way this year, recently announcing they are spending $30 million to help get 2020 candidates on the record when it comes to a number of important issues for civil libertarians, including some that are quite thorny politically.

For example, the group's new national RightsForAll.us campaign seeks to force candidate to answer as to whether or not they support decreasing the bloated U.S. prison population by 50 percent (and, if so, how); allowing the incarcerated to vote (currently, only Maine and Vermont do so); and whether they would supporting overturning the Hyde Amendment (which bars the use of federal funds for abortion, other than in cases of rape, incest or protection of the life of the mother).

We're joined today by the ACLU's Digital Organizing Strategy Director PHIL ARONEANU to discuss the initiative, including whether some of the "thorniest" questions for candidates (as available at the campaign's website) on Voting Rights, Criminal Justice Reform, Immigrants' Rights and Reproductive Freedom might, in fact, become a liability for those candidates if they answer them one way or another. That, in an age when one of the greatest threats to civil liberties and Constitutional rights clearly continues to be the man in the White House, who Democratic candidates will have to defeat to see any possibility of the restoration of such rights.

So, how does the ACLU, a non-partisan organization, respond to some of those questions and concerns? Tune in for my conversation with Aroneanu today to find out.

Then, we open up the phone lines today for listener thoughts on all of the above. You'll not be shocked to learn, they have many...

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Among the many truthful stories covered on today's jam-packed BradCast filled with Trump lies and much more...[Audio link to show is posted below]...

• How the Administration covered up Trump's recent lies about new North Korean sanctions;

• How Trump's lies about the still-secret Mueller Report have been aided by Trump's Attorney General and how Mueller's team is reportedly none too happy about it;

• How Trump is undermining military readiness and hurricane recovery for Marines and their families with lies about a "national emergency" at the southern border and how the Marine Corps' top General is pushing back;

• How Trump lied about a new health care plan to replace Obamacare and how Congressional Republicans have forced him to back down;

• How Trump lied about closing the border with Mexico this week and how economic reality forced him to back down;

• Then, two North Carolina special elections for the U.S. House are coming up --- the first, in NC-03, to replace the late Republican Rep. Walter Jones (who voted against Trump more than for him), the second, in NC-09, a do-over election from the November 2018 contest which was never certified, thanks to a GOP absentee ballot fraud scheme paid for by the GOP candidate. But before we can get to either of those races, the federal indictment of North Carolina Republican Party Chairman Robin Hayes, a longtime state power-broker and former GOP Congressman, was unsealed this week. The criminal charges against Hayes include counts of fraud, bribery, campaign finance violations and lying to the FBI. And another Republican Congressman from the state and member of House GOP leadership, Rep. Mark Walker (NC-06), is also finding himself entangles in the criminal scandal and named in the indictment as "Public Official A";

• All of that today is before Desi Doyen joins us for the latest Green News Report, with yet another deadly chemical fire in Houston, yet another court loss for ExxonMobil, yet another way that Trump is making both climate change and immigration even worse, and yet another mendacious Trump lie about wind energy that even a top Republican is calling him out over...Oh, and Burger King's "Impossible" dream...

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There were a number of important elections held around the country on Tuesday, so on today's BradCast, we've got some of the reported results from the key races, including both good and bad news for Democrats and progressives. Oh, and some stuff happened in D.C. today as well. [Audio link to show is posted below.]

We start with the good news out of Chicago, where former federal prosecutor Lori Lightfoot will become the Windy City's first black female Mayor, as well as the city's first openly gay chief executive. Lightfoot, who has never held elective office, ran as a progressive reformer to clean up Chicago's notorious old-school, insider politics after Democratic Mayor Rahm Emmanuel chose not to seek a third term. She is said to have easily bested Toni Preckwinkle, another African-American woman and a longtime elected official. by a nearly 50-point margin in Tuesday's final runoff contest.

There was still more good news for Democrats in the key swing-state of Pennsylvania on Tuesday, where Democratic Navy vet and former Dept. of Veterans Affairs official Pam Iovino is said to have defeated Republican D. Raja in a special election for a state Senate seat representing a suburban district outside of Pittsburgh. Republicans have held that seat for most of the past half-century, and the district (which uses 100% unverifiable touchscreen voting systems) reportedly went to Donald Trump by 6 points in 2016, when he took the state's 20 electoral votes for the first time since 1988.

Iovino's 4-point victory over Raja is being regarded as a potential bellwether for next year's Presidential contest when Democrats will need to win back Pennsylvania, Michigan and Wisconsin --- all of which went to Trump in 2016 before electing Democratic Governors during statewide elections in 2018 --- if they hope to take back the White House.

While there was good news for Dems in Pennsylvania, the news out of Wisconsin on Tuesday was decidedly less good...at least as of this hour. Progressive-aligned state Supreme Court candidate Judge Lisa Neubauer had been widely expected to win the seat of a retiring progressive-aligned state Justice, but appears to have fallen just short against GOP-aligned Judge Brian Hagedorn, according to unofficial results.

Hagedorn, who has likened homosexuality to bestiality, derided Planned Parenthood as a "wicked organization" and called the NAACP a "disgrace to America", declared victory in the early Wednesday morning hours after computer tallies gave him a lead of just under 6,000 votes out of just over 1.2 million cast across the state. Neubauer's campaign announced the race was "too close to call" and "almost assuredly headed to a recount", stating that "Wisconsinites deserve to know we have had a fair election and that every vote is counted".

With the margin less than 1% (it is currently one-half of 1%), she will be entitled to request --- and pay for --- such a "recount". State law, however, currently leaves it up to local jurisdictions to decide whether they wish to tally the state's mostly hand-marked paper ballots manually or simply run them through the same computer scanners that tallied them (correctly or incorrectly, who knows?) on Election Night.

Tuesday's state Supreme Court contest in the Badger State was particularly important for Democrats who, even if they had won, would have retained a 4 to 3 minority on the state's high court. But, with a conservative-aligned Justice retiring next year and the replacement election to be held on the same day as the state's 2020 Democratic Presidential Primary, they had hoped to finally flip the court to a more Dem-friendly 4 to 3 majority next year for the first time in years. That majority would be particularly important following the 2020 census and the inevitable subsequent court battles over redistricting in one of the most extremely GOP-partisan gerrymandered states in the country, not to mention hopes for rolling back a host of rightwing initiatives enacted under Republican Gov. Scott Walker now that voters sent him packing last November.

We're joined today by Wisconsin's own JOHN NICHOLS, Washington Correspondent for The Nation and associate editor of Madison, Wisconsin's Capital Times, to help us make sense of Tuesday's stunning reported results that appear to have taken both Democrats and Republicans alike off guard.

How and why did it happen, given Neubauer's huge fund-raising advantage over the toxic, Koch-supported former Walker protege who many Republicans chose to stay away from? Did a last minute infusion of out-of-state Republican cash make the difference? While turnout increased for both parties compared to the state's last Supreme Court election in 2018 (when the Dem-aligned candidate won by a full 12 points!), why did turnout appear to increase more for the GOP this year? And what happened that dampened turnout in Milwaukee?

Does a potential "recount" have any chance of reversing the currently reported results? And what should all of this --- an objectionably flawed rightwing candidate seen as having little chance of winning in Wisconsin, before he then goes on to narrowly win the state --- tell Democrats as they head into the crucial 2020 Presidential election looking to flip WI back into the D column? We discuss all of that and much more with the ever-wise Nichols today, who offers this "number one lesson" to progressives: "Do not assume Donald Trump is doomed."

Finally, there was also a lot of stuff that happened in Congress today for a change as well: The House Judiciary Committee voted to approve subpoenas for the Department of Justice to require Trump's Attorney General William Barr to turn over the full, unredacted Mueller Report, including its exhibits and underlying evidence; In the Senate, GOP Majority Leader Mitch McConnell unilaterally invoked the so-called "nuclear option" to change Senate rules, after failing to do so via regular Senate votes, in order to reduce the time needed to install Trump appointees to executive agencies and lifetime positions on the federal bench. The new rule will now require just 2 hours of debate, rather than 30, before holding a vote on such appointees; And, late in the day, the Democratic U.S. House Ways and Means Committee Chairman Richard Neal sent a letter to the IRS formally requesting the past 6 years of Donald Trump's tax returns as well as those for eight of his business entities. The House actions are certain to face challenges from the White House and likely end up being decided in court...

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On today's BradCast: Donald Trump's D.C. swamp isn't getting any less swampy, but it all does make chants of "Lock her up!" over Hillary Clinton's personal email server appear quite quaint. [Audio link to show follows below.]

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

• It's Election Day in a number of places today, including for a very important state Supreme Court seat in Wisconsin, where the results will have ramifications (for the state and nation) for the next decade. And voters are also at the polls near Pittsburgh, Pennsylvania today for a special election for that state's Senate in a contest which may serve as a bellwether before the 2020 elections. We'll have reported results and other analysis of that and others contests, no doubt, on tomorrow's program;

• More disaster today near Houston, Texas where yet another deadly chemical fire broke out, killing one as of airtime, with two others airlifted to hospitals. Emergency officials issued shelter-in-place warnings to schools and residents within a 1-mile radius, advising residents to stay indoors, turn off all ventilation systems and seal all doors and windows. It's the second major toxic chemical plant explosion near Houston within as many weeks. Given the state's shameful history with chemical facilities --- and a dangerous, years-long lack of transparency, even for first responders --- the latest tragic incident is, sadly, not all that surprising;

• Donald Trump's latest nominee to head the Dept. of Interior is near confirmation in the U.S. Senate after his confirmation hearing last week in the Energy and Natural Resources Committee. But David Bernhardt --- currently Deputy Secretary and Acting chief of the agency following the resignation of Trump's first disgraced and corrupt Secretary Ryan Zinke --- is a longtime, top lobbyist for the oil and gas industry and has been instrumental since arriving at the agency in 2017 in reversing loads of environmental regulations long opposed by the fossil fuel and chemical industry.

  In fact, as a recent investigative report by Reveal illustrated, at an executive meeting of the Independent Petroleum Association of America (IPAA), a top industry group, after Bernhardt was tapped to be the top Deputy at Interior in 2017, the hundred or so oil industry executives at the conference were caught on tape laughing and applauding after the IPAA's CEO bragged about Bernhardt as "the guy that actually headed up" their legal team challenging federal endangered species rules being "now the No. 2 at Interior," adding, "So that's worked out well." Now Bernhardt will be No. 1 at Interior.

  We share some of the audio from last week's Senate Committee hearing in which Bernhardt said he would decline to recuse himself from issues at Interior involving companies for whom he lobbied, because, he said, he'd be "basically handcuffed and not in the game for the American people if I am recusing myself" and prevented from unleashing his awesome "skillset" on behalf of "the American team". Bernhardt, of course, is just one of many deeply-conflicted swamp creatures now inhabiting Trump's "drained" swamp;

• Speaking of which, a whistleblower with 18 years of experience in the White House Personnel Security Office, where she worked for Democratic and Republican administrations alike, has stepped forward to expose what she describes as at least 25 Trump appointees who failed security clearance checks, but were ultimately granted clearances anyway after intervention by more senior officials. According to Tricia Newbold's recent testimony to the U.S. House Oversight Committee, many Administration security clearances had been rejected for a number of reasons including "foreign influence, conflicts of interest, concerning personal conduct, financial problems, drug use, and criminal conduct."

  She testified that two currently-serving Senior Officials in the White House were granted clearances despite failing their background checks. Though the names of the officials whose security clearances were granted only after intervention were not specified, House Oversight Committee Chair Elijah Cummings has sought "adjudication summaries" from the White House for Trump's son-in-law Jared Kushner, his daughter Ivanka Trump, former National Security Advisor Michael Flynn, currently National Security Advisor John Bolton and a host of other top appointees.

  On Tuesday, the Committee voted to subpoena Carl Kline, Newbold's superior, believed to be behind a number of the questionable approvals. White House Press Secretary Sarah Huckabee-Sanders today described the Congressional oversight of the matter in partisan terms, bizarrely characterizing it on Fox "News" today as "sad and shameful" and, somehow, ironically enough, "dangerous" to national security;

• That statement came just hours before court documents were released today revealing that the Secret Service arrested a Chinese national at Mar-a-Lago over the weekend, during the President's latest visit to his Palm Beach resort, with four cell phones, two Chinese passports, a hard drive, and a computer thumb-drive said to contain "malicious malware". Court documents describe the woman telling the Secret Service, after she had initially been allowed inside the resort, that she was sent there by a Chinese friend who instructed her to travel from Shanghai to make contact with a member of Trump's family. But, why worry about security checks for those family members, eh?;

• Finally, Desi Doyen joins us for the latest Green News Report, with more on Bernhardt's enormous conflicts of interest, the White House's latest unprecedented scheme to jump start the stalled Keystone XL pipeline, more bad news for Trump's environmental rollbacks in federal court, and the Green New Deal has its first town hall discussion...

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On today's BradCast: The "national emergency" may be fake, but the crisis on the U.S.-Mexico border is real and getting worse...and new Trump policies are doing the opposite of helping. [Audio link to full show is posted below.]

Last week, Donald Trump threatened to shutdown the border with Mexico entirely. Over the weekend, he announced he was ending aid programs to El Salvador, Guatemala and Honduras (which are not in Mexico, Fox "News"!) because, as he claimed, "they haven't done a thing for us." All of that, as an actual humanitarian crisis --- if not a pretend "National Emergency" --- grips a number of U.S. towns along the Mexico border, thanks to an unprecedented wave of migrant families and children coming, mostly, from Central American countries in strife.

We're joined today by THERESA CARDINAL BROWN, Director of Immigration and Cross-border Policy at the Bipartisan Policy Center to try and make sense of what is and isn't happening at the border right now, how Trump's policies are affecting it, and what Congress needs to do try to ease what she acknowledges is, indeed, a crisis, if not the "emergency" that Trump has declared in order to build his long promised wall.

Brown, a former policy advisor in the Office of the Commissioner of U.S. Customs and Border Protection during both the George W. Bush and Barack Obama Administrations, confirms that the influx of migrants streaming up from Central America is unprecedented and now overwhelming detention facilities and shelters built for previous waves of migrants --- such as the record number which flowed in during 2000, largely comprised of mostly men from Mexico who could be deported more quickly than the families now claiming asylum after crossing the border. (Brown notes that even a wall would not prevent such asylum claims, as it would be build on the U.S. side of the border, allowing asylum seeking immigrants to make their claim even before making it to the other side of the wall, since they are already on U.S. territory by that time.)

Brown suggests Trump's termination of U.S. aid for Central American would serve to make the problem worse, as much of those funds go to non-governmental organizations trying to improve the living conditions in countries under duress from poverty and violence. She also details the economic disaster that would likely accompany the closure of the Mexican border threatened by the President ("this may be a threat aimed at Mexico, but it would also significantly impact the United States"), and explains why "the wall will do absolutely nothing to address this current flow of people." That, she describes, as a problem due to U.S. Customs and Border Protection becoming "overstretched" because they do "not have facilities that are appropriate for anyone --- families or kids --- for the length of time they're having to be held there."

We must "address our asylum system. And that means, back to front, starting with the immigration courts" which are similarly overwhelmed and insufficiently funded, she argues, resulting in cases that stretch for years before asylum is determined one way or another. "Ultimately, what we need to do is deal with what's going on in the sending countries," she tells me. "What are the push factors that are driving migration? You have instability of government, you have people who don't feel that they have personal safety because there's impunity and corruption in their governments. They are threatened with gangs and violence and extreme poverty. What can we do to help in that situation? That's the longer term solution, but it needs to be also worked at the source. So we've got to look at this from multiple places."

Next up today, Trump's multiple losses in federal courts last week on several fronts where he's tried to undermine the Affordable Care Act ("Obamacare") may have been matched by his multiple losses in federal court last week on the environmental front, including a ruling from a federal Judge in Alaska late on Friday who determined that the Administration's reversal of Obama-era protections against off-shore oil drilling in the Arctic and parts of the Atlantic Oceans violate federal law. She has ordered some 128 million previously-protected acres that Trump's Admin has hoped to lease for drilling, once again off-limits to exploration and exploitation. The ruling is at least the fourth setback over the past two weeks for Trump environmental policy, where federal courts have blocked Trump agency rollbacks of nearly two dozen Obama-era conservation policies over the past two years.

Finally, we open up the phone lines to listeners today on much of the above and even a few callers with some thoughts on 2020 and more...

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On today's BradCast, some facts --- real ones, not Mitch McConnell's --- about our nation's healthy history of changing the number of seats on the U.S. Supreme Court, which we have done seven different times over the past 238 years since our founding. [Audio link to full show is posted below.]

But, first up quickly today, Donald Trump has taken yet another hit from the courts on his attempt to undermine the Affordable Care Act and the U.S. healthcare system. It's the second such court loss he's faced over the past week, with the first court nixing his attempt to allow work requirements under Medicaid in Kentucky and Arkansas, and the second on Thursday night finding his allowance of cheap health insurance policies that don't meet the standards of the Affordable Care Act ("Obamacare") to be unlawful. That second ruling comes courtesy of a well-respected George W. Bush-appointed federal judge who is rarely reversed by appellate courts.

Next, a preview of a very important election on Tuesday in Wisconsin for its state Supreme Court. Its the first of two elections to the high court in the Badger State (one on Tuesday and the other next year on the same day as the Democratic Presidential primary election in WI) that could result in a progressive-leaning majority, at long last, being restored to WI's high court. Control of that court is wildly important for both the state and the nation on a number of fronts, which we discuss today, including voting rights before the 2020 election, redistricting for the next decade after the 2020 Census, and the rollback of a host of anti-union and other hard-right policies enacted during the gerrymandered Scott Walker years.

Tuesday's match-up is between progressive-backed Judge Lisa Neubauer and Koch Industries/Chamber of Commerce-backed Judge Brian Hagedorn, a protege of former Republican Gov. Scott Walker. Hagedorn has called Planned Parenthood a "wicked organization" devoted to "killing babies", described the NAACP as "a disgrace to America", and argued "The idea that homosexual behavior is different than bestiality as a constitutional matter is unjustifiable."

But while voters in WI directly select their Supreme Court at the ballot box (which I am no fan of), the U.S. Supreme Court is a different matter. After Senate Republicans stole what should have been a Democratic majority on the court in 2016 by refusing to even hold a vote on Judge Merrick Garland, Barack Obama's nominee to replace the late Justice Antonin Scalia, GOP Senate Leader Mitch McConnell held the seat vacant for a year before unilaterally changing Senate rules to do away with the filibuster to allow Neil Gorsuch to be seated on the high court. Later, under those same changed rules, the far-rightwing, accused sexual-predator Brett Kavanaugh was similarly added to the Court, likely cementing a generation of GOP-control.

In response, many progressives --- even Presidential candidates --- are now calling for the expansion of SCOTUS if Democrats can regain control of the U.S. House, Senate and White House next year, in order to restore a liberal-leaning majority that arguably should have been theirs in 2016. Naturally, McConnell is already decrying the idea, describing it on Thursday, ironically enough, as "an unprincipled power grab...that would threaten the rule of law and our American Judicial system." He cites the attempted court packing by Franklin D. Roosevelt in the 1930s to support his notion that changing the size of the Court is "a thoroughly discredited idea".

We're joined today by Wisconsin attorney and former state Supreme Court nominee TIM BURNS for both thoughts on Tuesday's crucial election in the state ("The stakes are huge," he explains) and the little-known history of "court packing" in the U.S. More specifically, Burns, who wrote about the issue recently at The New Republic, discusses the seven different times since the founding of our republic when the number of seats on the U.S. Supreme Court has been changed by Congress, including under one of our founders Thomas Jefferson and even under Republican Party icon Abraham Lincoln.

Burns, who serves on the board of the progressive Wisconsin Justice Initiative and the national board of the American Constitution Society, argues that contrary to misleading claims by McConnell and fellow Republicans, changes made to the size of SCOTUS by the Legislative and Executive Branches, as called for by the U.S. Constitution, have been healthy for the nation, often coming "hand in hand with some of the most vibrant periods of our democracy," and in response to the out-sized growth of corporate power.

"There have always been these predictions of the utter ruin of our democracy if the size of the Court is changed," Burns tells me. "The truth is, the Court's been viewed favorably even after its size has changed." And while he says that it's "entirely possible" that Republicans could then do the same thing once they regain power, "that doesn't spell the doom of our democracy. It says that our democracy is working. The political power rests with the voter instead of nine lawyers, judges on a Supreme Court."

Perhaps that's why Senate GOPers this week have introduced a measure calling for a Constitutional Amendment to keep the number of seats on the Court at nine. Good luck with that, boys.

Most interesting, however, may be Burns' fascinating recounting of what happened when FDR attempted unsuccessfully to expand the Court in what McConnell falsely described as an historic event that resulted in the idea of "Court Packing" becoming "synonymous in American history with the idea of an unprincipled power grab". What actually happened in the 1930s, and why the Court was ultimately not expanded under FDR is a fascinating bit of lost history and quite different from the way it has been described in lore. The truth places new calls to expand the Court today, during this period of unprecedented partisanship and class-divide under a hard-Right SCOTUS, into a very different light and perspective as this debate kicks off both in the nation and among Democrats vying for the 2020 Presidential nomination....

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It may not be our most hilarious show of all time, but I think it's a very important one and includes more than a few righteous rants. [Audio link to full show is at end of article.]...

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

• The New York Times finally figures out, almost a week later, that they may have been duped by Trump Attorney General William Barr's 4-page summary of Special Counsel Robert Mueller's long-awaited report, as the incurious "paper of record" confirms the full report from Mueller runs at least 300 pages. Nonetheless, Trump and his cult-member Republicans in Congress are running with the Times' original false and/or misleading assertions published the day after Barr's deceptive summary was released on Sunday. For example, the Times' top-of-page, ALL-CAPS screaming headline "MUELLER FINDS NO TRUMP-RUSSIA CONSPIRACY" and "A Cloud Over Trump's Presidency is Lifted".
  
  Of course, we still have no idea how many pages are in Mueller's confidential report delivered to Trump appointee Barr last Friday, or what it actually says about the two-year probe into alleged Russian interference in the 2016 election, the Trump Campaign's potential cooperation with them, or Trump's apparent attempts to obstruct the probe. But the summary compiled in less than 48 hours by Barr and then inaccurately reported by many to have somehow "exonerated" Trump, after being written by a man appointed to the job specifically because of his expressed opposition to the Special Counsel, should have been viewed much more skeptically by the Times and many others in the corporate media --- as we've been pointing out since Monday.

• Among the fall-out from the Times' (and others') terrible and irresponsible coverage on all of this, GOP members of the House Intelligence Committee on Thursday demanded Rep. Adam Schiff (D-CA) step down as Chair and Trump is demanding his resignation from Congress. Schiff, however, is (appropriately) having none of it;

• Speaking of not-particularly-funny behavior from Congressional Republicans, Majority Leader Mitch McConnell (R-KY) held a sham stunt vote earlier this week on the Green New Deal resolution [PDF] proposed by Sen. Ed Markey (D-MA) in the Senate and Rep. Alexandria Ocasio-Cortez (D-NY) in the House. Their landmark resolution calls for a wartime-like effort to move the U.S. economy from fossil fuels to zero-carbon energy over a decade, while creating millions of jobs in the clean energy sector and supporting those in legacy industries like coal mining to ensure new jobs and protection of their pensions from bankrupt, predator coal companies. During "debate" for McConnell's mock GND vote --- on an issue which would greatly help many coal mining constituents in Kentucky and Utah alike --- Sen. Mike Lee (R-UT) offered an embarrassingly unfunny speech that mocked the resolution, dismissed climate change as a concern, argued the Green New Deal is somehow "part of the problem" and that the real solution to deadly and ever-more costly global warming was "churches" and "babies";

• Sen. Sheldon Whitehouse (D-RI) was not amused, as his own small coastal state directly faces a very serious threat posed from global-warming fueled rising sea levels which threaten to turn Rhode Island "into an archipelago" in coming years. "As a small state, we don't have a lot to give back to the ocean," Whitehouse rails on the Senate floor. "This is deadly serious for us."

• But, if you think Whitehouse sounded angry, wait until you hear Ocasio-Cortez' response to the belittling of climate change concerns from Republicans in the House during an epic rant in the U.S. House Financial Services Committee, after Rep Sean Duffy (R-WI) mocked the GND as "an elitist fantasy";

• Underscoring how NOT funny all of this is, a recent, heart-breaking special report from AP detailed how Trump, McConnell and the coal industry have conspired to allow a small tax on coal to expire, which, since the 1970s, has helped to cover the extraordinary healthcare expenses of miners suffering from deadly Black Lung Disease, as well as support for their widows. A new Black Lung epidemic has been striking younger and younger coal miners in recent years, and Republicans, including Trump, allowed the tax that funds the Black Lung Disability Trust Fund to expire during the Government shutdown at the beginning of the year.
  
  That, despite promises from McConnell (who represents the coal state of Kentucky) and from Trump (who has used miners endlessly as props during political rallies, while claiming to "love" them) to ensure the crucial Trust Fund doesn't go broke. Instead, both men have broken their promise and appear to be siding instead with the coal industry owners who have donated millions to them, and do not wish to see the life-saving and now-lapsed tax renewed. All of this, of course, on the same week that Trump reversed positions to support killing the Affordable Care Act entirely, while claiming "Republicans will soon be known as the party of health care";

• Finally, Desi Doyen joins us for our latest Green News Report, which touches on a number of those maddening topics and more...

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On today's BradCast: Something seemingly very interesting may have occurred at Tuesday's oral arguments on two separate, if related, partisan redistricting cases at the U.S. Supreme Court. The results, believe it or not, could change the outcome from what many voting rights advocates had previously predicted following the resignation of Justice Anthony Kennedy and the subsequent seating of his far-right replacement Justice Brett Kavanaugh. [Audio link to complete show is posted at end of article.]

The scourge of state legislative and Congressional maps drawn for partisan advantage by the party in power after a decennial Census has crippled democracy and the voting power of citizens for decades in the U.S. But the GOP dramatically upped the stakes following the 2010 Census when they employed highly sophisticated computer mapping techniques to ensure themselves huge electoral advantages over the ensuing ten years by drawing extremely partisan maps that "packed" Democrats into a small number of districts or "cracked" them among several in order to dilute the voting power of non-Republicans.

It's a practice that Democrats have carried out as well, if not to the same extreme as Republicans who took over many statehouses in the 2010 "red wave" election. A new analysis from AP finds that 2018's "blue tsunami" election, for example, would have been much larger for Congressional Democrats, were it not for many extremely partisan GOP-drawn maps in a number of key states, including North Carolina, Ohio, Indiana, Wisconsin, Alabama and Texas. The AP study finds "Republicans won about 16 more U.S. House seats" than they would have under fair maps. Similarly, "Republicans' structural advantage might have helped them hold on to as many as seven [state legislative] chambers that otherwise could have flipped to Democrats."

While the U.S. Supreme Court has long found gerrymanders on a racial basis to be unconstitutional, they've yet to affirm the many lower court rulings finding partisan gerrymanders to be similarly unconstitutional. Last term, when many believed SCOTUS was prepared to do so, the Court punted instead on several cases of extreme partisan maps in Wisconsin, North Carolina and elsewhere, before Justice Kennedy --- thought to have been the likely swing-vote in favor of ending the odious practice --- announced his retirement.

On Tuesday, one of those cases, Common Cause v. Rucho --- where a federal appeals court determined (twice!) that North Carolina's Congressional maps were unlawfully skewed for Republicans (they've held a 10 to 3 advantage in their Congressional delegation for the past decade, despite the state being almost evenly divided between Republican and Democratic voters) --- was heard again at SCOTUS. Another case, Benesik v. Lamone, in which a single Congressional district in Maryland was drawn by Democrats specifically to remove an incumbent Republican, was heard as well.

And while many voting rights advocates have not had high hopes for either case, given the even farther-right leaning majority on the court following Kennedy's retirement, there were some surprises during oral argument, particularly from Justice Kavanaugh whose decision in one or both of the cases could change history by delivering a major win for voting rights.

We're joined today to discuss these potentially encouraging developments with SUZANNE ALMEIDA, Redistricting and Representation Counsel for Common Cause, the lead plaintiff in the NC case. She was in the Court on Tuesday for both hearings and explains what seems to have happened, offers insight on what could now occur, decries why these cases are so important, and what may happen when SCOTUS finally delivers it's crucial opinion in June in advance of both the crucial 2020 elections and the subsequent redistricting of all 50 states that will follow the 2020 Census.

"The North Carolina case is a particularly egregious case, for a couple of reasons," Almeida tells me. "One is that we have an admission. On the floor of the General Assembly, Representative Lewis leaned into a microphone and said, 'This is a partisan gerrymander. I wanted to this map to be 10-3 because it couldn't be 11-2.' That's not the way that map-drawing should work, and that's not the way representation should work in America." She also discusses, for example, how one district line drawn by the GOP in North Carolina actually splits an historically African-American college in two, so that its voters are diluted into two separate Republican-leaning districts.

As to the matter concerning Kavanaugh, who was reportedly disturbed by his own district in Maryland, where he lives, being gerrymandered by Democrats to prevent Republican representation, Almeida confirms that he seemed to want to find a standard that could be used by courts to determine if districts were unlawfully gerrymandered on a partisan basis. She says she shares "the characterization that Justice Kavanaugh has a personal interest in the Maryland case ... And he was pushing back quite strongly against the advocate for the state."

Almeida also pushed back at the notion from Justices on the right that Courts should simply stay out of these matters, and leave them to voters and the legislators who drew the maps to keep themselves in power in the first place, she tells me: "This idea that the Court has that somehow this is self-correcting, or will fix itself through the magic of the political process, just doesn't work. And that's because gerrymandering is about power, and people in power staying in power. And when the people in power have that power to make the rules and draw the lines, that's what they're going to keep doing."

She adds that comments from Kavanaugh and even Chief Justice Roberts during the proceedings on Tuesday are "reason to be optimistic". But I'll wait until the opinions come out in June before popping any champagne bottles on what could be, according to Mark Joseph Stern at Slate the "most important voting rights victory of the century so far."

Also on today's program: Speaking of 2020, some curious questions about why nobody from Team Trump --- particularly Donald Trump Jr. or campaign chair Paul Manafort --- has yet been charged with campaign finance violations regarding "soliciting" and/or "accepting" a "thing of value" from a foreign government, as clearly occurred in relation to the now-infamous June 2016 Trump Tower meeting with a number of Russian nationals. Election law expert Rick Hasen argues that the lack of indictments brought by Special Counsel Robert Mueller in this matter does not bode well for the Dept. of Justice's plans to enforce election laws that bar "foreign governments from sharing information --- even information obtained from illegal hacking --- with campaigns, for the purposes of influencing the 2020 election...and beyond"...

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On today's BradCast: The coverage by the corporate media --- and response by many Democrats --- to Attorney General William Barr's terse, misleading 4-page summary of Special Counsel Robert Mueller's report after two years has, by and large, been atrocious in innumerable ways. [Audio link to show follows below.]

We're joined today by HEATHER DIGBY PARTON, who has been covering the corrupt Trump Presidency for years now, including its various Russia-related storylines and other criminal probes at Salon and Digby's Hullabaloo. Among our several related topics of discussion today: Shameful failures by the media and others to demand independently verifiable evidence of speculative allegations both before the confidential Mueller Report was finally delivered to Barr and the subsequent failure by many of the same organizations and individuals in their credulous reporting of Barr's bare-bones, "very, very clever political document" summarizing the sprawling, two-year probe.

Rather than learning from mistakes, many in the media seem to be repeating them all over again in the wake of Barr's memo, which some justifiably regard as a "whitewash" or "cover-up" by a man who was selected by Trump, in no small part, for his previously stated opposition to the probe and to the very notion that any President can legally be charged with Obstruction of Justice. There's much more related conversation here today --- including on the substance of Barr's letter, Deputy AG Rod Rosenstein's curious complicity, and the GOP's premature victory laps --- but you'll have to tune in to listen.

Also on today's program: Though Democrats led a decisive 248 to 181 vote today (with 14 Republicans) in hopes of overriding Trump's veto of the resolution blocking his phony "national emergency" declaration, the effort fell 38 votes shy of the two-thirds majority needed. In the Senate, where 12 Republicans previously voted with Democrats, 59 to 41, to block the President previously, no override vote will now be held since a two-thirds majority vote is required in both chambers. AP described Trump's overwhelming loss in both chambers as a "victory" for the President today, and it will now be left to challenges in court to block Trump's order diverting billions appropriated by Congress to the military to instead build his border wall. Mexico is still not paying for it.

Then, in a major reversal of their previous legal position, Trump's Dept. of Justice filed documents in an appeals court Monday to support striking down the entire Affordable Care Act ("Obamacare") as unconstitutional. While Jeff Sessions served as Attorney General, DoJ had "only" supported gutting provisions that limited premium prices insurers could charge for the elderly and those with pre-existing conditions. Under Barr, however, the Administration now seeks to kill the entire landmark healthcare law. If successful, as many as 30 million Americans would lose their access to affordable healthcare coverage;

Finally, Desi Doyen joins us for our latest very busy Green News Report, as fossil fuel-related climate related disasters continue in the U.S. and around the world, while the Trump Administration plows billions of tax-payer dollars into troubled nuclear plants and the Senate GOP carries out a "sham" vote on the Green New Deal, in hopes of mocking the initiative...

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So what did you think we'd be talking about on today's BradCast? [Audio link to full program is posted below.]

On Sunday, Donald Trump's new Attorney General William Barr issued a four-page letter [PDF] summarizing the long-awaited, nearly two-year Special Counsel investigation by Robert Mueller into Russia's alleged interference in the 2016 Presidential election, Team Trump's cooperation in that effort, and Donald Trump's attempts to obstruct the probe. Mueller's effort resulted in some 35 indictments, including more than 20 Russian individuals and entities, as well as indictments, convictions or guilty pleas from six top Trump associates and staffers. It has also spawned a number of other probes and indictments, including what Barr describes as "several matters" referred "to other offices for further action."

Nonetheless, based on Barr's summary report, issued less than 48 hours after receiving what is likely to have been tens of thousands of pages from the Special Counsel, the White House, the President and his fellow GOPers are falsely characterizing the terse summary as reflecting Mueller's "complete and total vindication" of Trump. That, despite Mueller's express and specific finding (according to one of the very few passages directly quoted by Barr) that the Special Counsel's report "does not exonerate" Trump of obstruction of justice crimes. That did not prevent the White House from falsely describing Mueller's findings as "a total and complete exoneration of the President of the United States." That is the opposite of what little we know the report to have found.

If fact, while Barr claims Mueller's "investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities" (the matter which media, Democrats and Trump alike have long described as "collusion"), Mueller left the decision on whether to prosecute Trump on obstruction up to the Attorney General, according to Barr, for reasons that still remain unknown and will likely stay unknown until and if Mueller's report is actually publicly released. Congressional Democrats are justifiably demanding as much.

While we've shared no small measure of healthy skepticism over the years about what Russia did or didn't do during the 2016 election, along with what Team Trump's involvement with it may or may not have been, there is no legitimate question about Trump's attempt to obstruct Mueller's investigation of it, beyond whether or not the obstruction rose to something that was prosecutable or impeachable and whether a sitting President can be indicted under the DoJ's dubious guidelines which say he or she may not.

Of course, just about everyone seems to have an opinion about Barr's report on Mueller's report. But it should be made clear that everything we currently know is based only on Barr's own summary, compiled in less than 48 hours. It should also be made clear that Barr is wildly conflicted in this matter, as he "auditioned" for the job as Trump's new AG by sending an unsolicited 19-page memo [PDF] to DoJ last year explaining why he believed Mueller's probe was "fatally misconceived" and that, essentially, a President cannot be held criminally accountable for any "exercise of core discretionary powers within the executive branch." (That would include, for example, Trump's firing of FBI Director James Comey due to "the Russia thing," as he admitted out loud.)

That Barr and similarly-conflicted Deputy AG Rod Rosenstein were left to determine Trump's fate on this point --- and did so in less than 48 hours after a two year investigation --- is anything but what any American should consider to be "justice". But, as Mark Joseph Stern argues today at Slate, "William Barr Did What Donald Trump Hired Him to Do".

Today, we focus on the very few FACTS revealed by Barr's memo and open up our phone lines for listeners to offer a bunch of interesting takes on the events of the past 24 hours...and, as you might have guessed...even of the past three years...

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Today's BradCast kicks of with the breaking news of the announcement, just minutes before air, that Special Counsel Robert Mueller has finally wrapped up his two year investigation into alleged Russian interference in the 2016 Presidential election, cooperation in the effort by Team Trump and any obstruction of that probe by the President of the United States. Though that may be the least troubling news on today's show. [Audio link to complete shows is posted below article.]

Mueller's confidential report has now been delivered to Attorney General William Barr, as per statute, and Trump's new AG promptly notified Congress [PDF] to say he plans to release a summary of the report as soon as possible, potentially as early as this weekend. We share what we know (and don't) from that freshly breaking news at the top of today's program. Then it's back to, at least some of, our previously scheduled program...

On the day that Jimmy Carter officially becomes the longest living President in U.S. history, we're reminded of a warning he issued while serving as co-Chair, with Bush Family consigliere James Baker, of the so-called "Commission on National Election Reform" formed by a group of Republican operatives after the highly disputed 2004 Presidential election in Ohio. The Blue Ribbon panel was, ostensibly, formed to make recommendations on how to improve elections after the second disastrous Presidential election in a row, following the 2000 debacle in Florida. But while the Republicans who created the private commission had hoped for a recommendation for photo ID voting restrictions at the polling place, the one we've cited most often over the years is the Commission's unambiguous finding that the greatest threat posed to elections comes from insiders, such as election officials and private voting system vendors. "There is no reason to trust insiders in the election industry any more than in other industries," the Carter/Baker panel warned in their final report.

That warning is particularly trenchant today, with, as we recently reported, the Democratic National Committee now calling for some form of remote or online voting during their 2020 Presidential nominating caucuses next year and what has just happened with the online voting system that Switzerland has used for some time in parts of the country.

The Swiss had planned to roll out their system nationally this year, but as longtime cybersecurity and voting system journalist KIM ZETTER of MotherBoard and the New York Times reports, things did not go as well as planned.

Zetter joins us to discuss the alarming story of what happened when Switzerland, last month, opened up a month-long public hack challenge for the system which, they previously boasted, had easily passed many regular internal security checks and even several they had contracted from KPMG, an international auditing giant.

But, as Zetter recently detailed at MotherBoard, the Swiss system, designed by Barcelona-based Scytl --- "a leader in developing various internet and other voting solutions for national or regional elections in 42 countries, including at least 1,400 counties in the US" --- was almost immediately found by independent researchers to feature "a critical flaw in the code that would allow someone to alter votes without detection ... in a part of the system that is supposed to verify that all of the ballots and votes counted in an election are the same ones that voters cast." That flaw, Zetter details, "could allow someone to swap out all of the legitimate ballots and replace them with fraudulent ones, all without detection."

As she tells me today, the failure is even more troubling than that, as it allows for a single insider to exploit a "back door in the cryptography scheme, that would allow someone to alter votes but make it look like the votes haven't been altered at all." In other words, "the system is supposed to have a check in it that's designed to ensure that the ballots that go into that encryption process and come out of that de-cryption process are the exact same ballots. But there's a flaw in that proof that verifies that those ballots are the same. Therefore, that would allow someone to swap out the votes and ballots while the proof still seemed to show that the ballots were the same."

Swiss Post, which runs the system, and Scytl who sells it, claim the exploit could "only" be carried out by an insider, so why worry?

So how are those plans coming for remote voting in the DNC's 2020 Presidential caucuses next year? And how can it be that we keep attempting these same unworkable electronic and online voting schemes from private vendors and election officials who swear by the "certified" security of their systems, only to find they are anything but secure once independent experts are allowed to test them in any way?

"We should have a voting system where we're not required to trust anyone --- we're not required to trust election officials, we're not required to trust the vendors, we're not required to trust the voting machine itself," Zetter, who has been covering electronic voting and tabulation systems on her national cybersecurity beat for more than a decade, tells me. "We should have a system that can be audited independently of all of those parties in order to verify the election results. That's really in the best interests of everyone." What such a system should be, of course, is another matter, which we also discuss, and even debate a bit, on today's important program...

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