w/ Brad & Desi
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BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
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VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
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'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
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GOP Voter Registration Fraud Scandal 2012...
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The Secret Koch Brothers Tapes...
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![]() | MORE BRAD BLOG 'SPECIAL COVERAGE' PAGES... |
At a moment of a potential Holocaust in Gaza, Donald Trump's Super Tuesday call for Israel's right wing extremist Prime Minister Benjamin Netanyahu to "finish the problem" in Gaza sounds ominously like Adolf Hitler's "Final Solution" to the "Jewish Problem".
Whether or not one accepts South Africa's claim that the "scale of destruction in Gaza" reflects "genocidal intent", there can be no question but that a failure to heed VP Kamala Harris' poignant call on Sunday for an "immediate ceasefire" in Gaza, along with an unhindered flow of humanitarian aid, could lead to an annihilation of Gaza's civilian population.
Over the past 5 months, the Israeli military has reduced most of Northern Gaza into an uninhabitable wasteland. Approximately 80% of the Palestinian population (1.9 million) has been internally displaced and pushed to the brink of famine.
In normal times, Hitler comparisons might seem over the top. These are not normal times...
On today's BradCast, we're honored to be joined by one of the Constitutional law experts who first brought the issue of the Constitution's "Insurrection Disqualification Clause" to the attention of the nation...before our corrupted, activist U.S. Supreme Court, he explains, "invented" a way to nullify it to help protect our disgraced former President on Monday. [Audio link to full show follows this summary.]
Free Speech for People (FSFP) is the non-partisan government accountability group which first raised the issue of Donald Trump's clear violation of Section 3 of the 14th Amendment way back during the summer of 2021. At the time, they sent letters to chief election officials in all 50 states warning them not to place Trump on the ballot should the disgraced former President chose to run again in 2024, as he was in violation of the Constitutional clause barring oath-breakers from public office after having "engaged in insurrection or rebellion" against the nation. After having incited the January 6, 2021 attack on the U.S. Capitol, they explained to state officials, he was no longer eligible for office under the post-Civil War Amendment.
They were, of course, correct. Both chambers of Congress, in bipartisan votes, found that Trump had, in fact, incited the insurrection while attempting to prevent Joe Biden, the winner of the 2020 election from being certified by Congress. Late last year the Colorado Supreme Court agreed [PDF], and barred Trump from the state's ballot. He appealed the ruling to SCOTUS, which quickly heard the matter and issued its 13-page ruling [PDF] on Monday, pulling reasons out of thin air for why Colorado could not bar Trump from running in the state.
The Republican Supremes went even further by inventing a new mandate that will prevent insurrectionists from being barred from federal office under 14.3 unless Congress adopts a new law to execute the 150 year old Amendment. (Or, at least, to execute it's two-sentence Section 3. All of the other mandates of the 14th --- such as citizenship for those born or naturalized in the U.S., due process for all and equal protection under the law --- are all self-executing. A special law by Congress is, apparently, only necessary for Section 3, for some reason, according to the Supreme Court as of this week.)
We're joined today by FSFP's Legal Director, RON FEIN, who, with fellow FSFP Constitutional law experts John Bonifaz and Ben Clement, penned an op-ed on Wednesday, describing the Court's ruling as "an error of historic proportions and a sham."
The Court's ruling, he argues today, "had nothing to do with the text of Section 3 of the 14th Amendment, nor of the history, or the original public understanding of Section 3. Instead, the Justices --- and it's not just the six conservative Justices but also the three so-called liberals --- started from the endpoint of the result that they wanted to reach and then worked backwards to find a rationale."
"If they had wanted to say that Trump didn't engage in insurrection," he tells me, "I would have had a little bit more respect. It would have been very brazen and obviously ridiculous. But at least they would have been straightforwardly saying something that would have meant that he wasn't disqualified --- if they wanted to defy all evidence and say that he didn't engage in insurrection. But instead, they fabricated an exception that can be found nowhere in the Constitution, that basically lets Trump and others off without ever confronting the merits of what he did."
As anyone who has read Monday's ruling may have noticed, the Justices never dispute the Colorado Supreme Court's finding --- following a five-day trial --- that, yes, Trump is, in fact, an insurrectionist. In fact, the Court's three liberals, in response to the part of the majority's Opinion from which they dissent, refer to Trump as an "oathbreaking insurrectionist" on numerous occasions.
Fein describes how the SCOTUS ruling makes a mockery of their claim to require "uniformity" in elections. "This is something that they pull when they want to, but it has no real basis in reality," he notes, describing how our Presidential election system is actually set up to allow each state to determine their own way of running elections.
"We have state by state elections," he asserts, "both at the primary stage and in the general election. We have, for better or worse, an Electoral College system. That's the system under which Donald Trump became President under in 2016. It is not at all uncommon, both in the primaries and in the general election, for some candidates to be on some states' ballots and not others. In fact, we're going to see that in this election. We're going to see RFK Jr. will be on some states' ballots, but not all of them. Cornel West will probably be in the same situation. The Constitution says that states have the power to determine how they appoint electors."
Those facts make the Court's argument that removing Trump from the ballot would allow a single state to determine the result of the election a joke. Then again, the entire ruling is exactly that, if not a particularly amusing one.
Fein eviscerates the rest of their opinion as well today, while warning that there may now be further Constitutional bastardizations regarding Trump in the days and years ahead. As he, Bonifaz and Clement explain in the chilling conclusion of their op-ed: "If Trump wins, prepare for a third term. Sure, the Twenty-Second Amendment says that '[n]o person shall be elected to the office of the President more than twice.' But Trump has already claimed that he is entitled to a third term because 'they spied on my campaign.' When Trump’s lawyers make this argument, what credibility will the Supreme Court have as he runs roughshod over our constitutional democracy?"
ALSO TODAY...
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IN TODAY'S RADIO REPORT: 2024 Presidential Election nominees are set, and the climate stakes could not be higher; Lawsuit blames broken utility pole for record Texas wildfires; Coastal U.S. cities are sinking as sea level rise accelerates, new study warns; PLUS: North Atlantic Ocean keeps breaking heat records... 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): Global hot streak continues - February, winter, world's oceans all break high temperature records; SEC OKs rule requiring companies to disclose emissions, climate risks; World's oceans reach record temperature, prompting fears of worst mass bleaching; Climate rules reach finish line, in weakened form, as Biden races clock; Climate impacts burning utility business models... PLUS: Big Meat is lying about sustainability. These media outlets are helping... and much, MUCH more! ...
On today's BradCast: We distill a whole bunch of stuff --- results, problems, politics, concerns --- from Super Tuesday's primaries and caucuses in some 15 states and one U.S. territory. [Audio link to full show follows this summary.]
Included in our coverage today...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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In the second loss for Big Pharma in less than a month, the Trump-appointed Chief Judge of the Delaware U.S. District Court rejected a Constitutional challenge to a law adopted by Democrats in Congress and signed by President Joe Biden which allows for the negotiation of drug prices for Medicare.
Last week, in a 45-page Memorandum Opinion issued in AstraZeneca Pharmaceuticals v. Becerra, Chief Judge Colm F. Connolly summarily rejected the drug manufacturer's assertion that provisions of the Inflation Reduction Act of 2022 (IRA), authorizing the Centers for Medicare and Medicaid Services (CMS) to negotiate prescription drug prices, violates the pharmaceutical industry's 5th Amendment rights.
The 5th Amendment provides that no person shall "deprived of...property without due process of law." A person (in this instance, a corporation) cannot be unlawfully deprived of a property right that does not exist.
The IRA, which President Biden signed into law on Aug. 16, 2022 --- an Act that every House Republican opposed --- reversed a provision of the Medicare Part D law, enacted in 2003 during the George W. Bush administration, which statutorily prevented CMS from negotiating prescription drug prices.
According to a press release issued by the Department of Health and Human Services (HHS), the government's ability to negotiate pricing is essential given that "the United States pays three times more for prescription drug prices than any other developed nation." The conservative federal judge in Delaware ruled that the 5th Amendment due process clause doesn't create a pharmaceutical property right to force the federal government to agree to pay those higher prices...
We'll have likely-unsurprising results from today's Super Tuesday elections in 16 states on tomorrow's BradCast, but we've got a few reminders today of the stakes, the challenges ahead and why it all matters. [Audio link to full show follows below this summary.]
Among our stories today...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Largest wildfire in Texas history continues to burn, while California is buried by an extreme blizzard; Increased risk of mega-fires pushes more insurers to leave both states; PLUS: Biden Administration invests billions to clean up the nation's ports... 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): Fury after Exxon chief says public to blame for climate failures; Fires sweeping across Texas offer a terrifying warning; SEC to vote on adopting contentious climate disclosure rule; White House moves to stem wave of Chinese EVs; Climate change connections to America's "Lost Winter"; Oil spill and fertilizer leak from sunken cargo ship threaten Red Sea... PLUS: We need to talk about water – and the fact that the world is running out of it... and much, MUCH more! ...
In case I haven't mentioned it lately on The BradCast, the U.S. Supreme Court is wildly corrupt. They proved that again on Monday in their ruling on whether Donald Trump, who they don't dispute in their ruling is an insurrectionist, should be disqualified from the 2024 election for having "engaged in insurrection", as barred by the simple text of Section 3 of the 14th Amendment. [Audio link to full show follows this summary.]
We knew this ruling from the corrupt Court was coming, based on their questions at Oral Argument last month. We also knew that the packed, stolen and rightwing SCOTUS majority was corrupt. But their hypocrisy was what shined through most in today's relatively brief 13-page ruling [PDF] and the additional dissenting opinions that followed it. The one by the Democratic appointees was fairly seething.
After years of pretending to be "conservative Constitutionalists"; pretending to be "textualists" who are focused only on the simple meaning of what the words in the founding document say; who pretend to be "originalists", concerned only with what the framers were trying to accomplish at the time they adopted the Constitutional amendment in question, the Court, once again, gave away the ghost. They don't care about any of that. They are an activist rightwing Court finding stuff in the Constitution that doesn't exist to arrive at the political result they wanted in the first place.
On Monday --- in their 9 to 0 opinion (which, the dissenters made clear, was actually a 5 to 4 ruling, but for Democrats on the Court trying to go along to get along in an election year) --- the High Court reversed the Colorado Supreme Court's 213-page ruling [PDF] in December barring Trump from this year's ballot for having violated the Constitution's "Insurrectionist Disqualification Clause". So much for states rights as well, apparently.
But, not only did the SCOTUS majority twist itself into pretzels to come up with "logic" for doing so, they further perverted Section 3 of the 14th Amendment beyond recognition in order to do so. In the bargain, they have killed 14.3 to the point that it can likely never be used to bar insurrectionists from public office --- at least at the federal level. (That's another distinction they made up from whole cloth that appears nowhere in the actual Constitution.)
Congress, the Court decided, must pass a law before the 150 year old 14.3 may be used. It is not self-executing, they ruled, unlike all of the other sections of the 14th Amendment and the other Amendments adopted with it following the Civil War that prohibit slavery, guarantee due process and equal justice under the law for all. But only the two-sentence Section 3, apparently, is not self-executing. At least at the federal level. It can still, apparently, be used by states to bar state and local officials from public office for insurrection for some reason. That, even though Section 3 itself requires a two-thirds super-majority in Congress for the disqualification to be lifted for any insurrectionist to serve in office.
We're joined today by two experts on this matter, former Asst. Deputy Attorney General at the DOJ, LISA GRAVES of True North Research, and "recovering lawyer" and longtime legal journalist CHRIS GEIDNER of Law Dork to try and make sense of what the corrupt, hypocritical Justices did.
Geidner details how the dissenters in this case, the Court's three Democratic Justices, Sotomayor, Kagan and Jackson --- but also, in part, even Justice Amy Coney Barrett --- "explained how the majority had basically cut off the use of Section 3 going forward."
And they did so, according to Graves, in the most cowardly way, with a per curiam decision that speaks for the whole court, without saying who actually wrote it. "Like Bush v. Gore," they didn't sign their names to, she observed, noting that "issuing a per curiam opinion is an act of cowardice by these rightwing justices."
Geidner adds: "It truly is just an example, like 'Bush v. Gore', of 'Let's work backwards from the principle that we want, and we're going to shoehorn in some principle of law that clearly can't make sense in light of the interpretation of these amendments over the past 150 years.'"
"The Colorado Supreme Court's decision was so well-reasoned," Graves argues about the ruling overturned by SCOTUS today. "It sought to vindicate the plain language of the 14th Amendment. But here you had the Supreme Court not wanting to allow Colorado to make that independent determination based on the plain language. It really shows how outrageous this anonymous Republican-appointee decision --- how outrageous and wrong --- that decision is." She also notes, given what was actually a 5 to 4 ruling, how outrageous it is that Justice Clarence Thomas --- whose wife actually participated in the insurrection --- didn't bother to recuse himself.
Last Summer, Geidner tells us, when he wrote about this case, he says he argued, "It's pretty clear that Trump is barred from being President again. Will it matter?" He adds: "That was the right question to ask, and we got our answer today."
As usual, there is much more covered in today's program on all of this, so please tune in for the full show.
Also today, a wrap-up of of the weekend's GOP nominating contests in which Nikki Haley finally notched her first primary victory after Trump actually threatened the voters participating in it. And we close with a preview of tomorrow's 15-state Super Tuesday primaries in Alabama, Alaska, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont, Virginia, and American Samoa. If you live in one of those states and have yet to vote, NOW is the time!...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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(They keep doing the "Right" thing! That's the problem! Will we ever learn?...)
As I wrote here in 2010...
The point came to mind with a question posed during a recent
Paraphrasing a remark said to be made by an unnamed Biden Administration official, KTLA 5 moderator Frank Buckley asked primary candidate Rep. Barbara Lee (D-CA) whether she agreed that "peace [in Gaza] can only begin with the elimination of Hamas"?
After condemning the October 7th Hamas terrorist attack, Lee proclaimed that "a diplomatic and political settlement" that eventually included a "two-state solution" offers the only means for achieving peace and security. "Killing twenty-five to thirty thousand civilians is counterproductive to Israel's security." That's why, Lee explained, she was calling for a "permanent ceasefire"...
I should be in bed nursing my illness (whatever it is), rather than doing today's BradCast. But given the firehose of news, some of it huge, that broke after yesterday's guest-hosted show with Nicole and Desi (thank you, guys!) and today, I felt I had to come in for this one. Nasal congestion be damned. [Audio link to full show follows this summary.]
Back in 2018, as Trump-nominated Supreme Court Justice Brett Kavanaugh was lying his way through his Senate Confirmation hearings, he made what sure sounded like a threat at the time. "This confirmation process has become a national disgrace," he whined through angry tears. "And as we all know, in the United States political system of the early 2000s, what goes around comes around."
There has been a boatload of important news over the past 24 hours. But what may have been Kavanaugh's long-promised "comes around" moment may have finally occurred last night. The U.S. Supreme Court came up with at least 4 votes to hear Oral Argument of Donald Trump's ridiculous claim that Presidents enjoy "absolutely immunity" for any and all crimes they may commit while in office --- including ordering Seal Team Six to murder domestic political opponents, as Trump's lawyer's argued in this case at the lower D.C. Court of Appeals.
The federal appellate court, as well as the trial court below it, unanimously rejected the argument. But, rather than taking up the case three months ago, when Special Counsel Jack Smith asked them to, the corrupt SCOTUS waited more than two months before deciding, in a terse, one-page order [PDF], to "expedite" the matter by hearing it...seven weeks from now. The question will be: "Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office." --- Which "official acts" they may be referring to are uncited.
In the bargain, Trump's previously scheduled May 4th federal trial date for attempting to steal the 2020 election remains on on pause and may not now even begin before the 2024 election.
At the same time, in New York state court on Wednesday, an appellate judge, within hours after Trump's filing, rejected his attempt to offer a $100 million bond to prevent Attorney General Letitia James from beginning seizure of his assets in about 30 days for failure to post cash or a bond for the full $454 million penalty he faces for a decade of massive fraud via his corrupt real estate company. And Trump's criminal trial in the state, on 34 charges related to cheating to win the 2016 election with hush-money payments to a porn star, is set to begin at the end of next month.
Given my physical condition of late, we called in our good friends and very wise longtime fellow bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of The Professional Left Podcast, to help make sense of these key, historic events. They each offer context and analysis of what appears --- to them at least --- to be one of the most corrupt actions ever taken by our corrupted, far-right, Trump-appointed supermajority on the High Court.
Driftglass argues the news from the Court on Wednesday is that "It's a corrupt court. And that corrupt court has rendered a corrupt decision," underscores his belief that Trump will never see a day in prison. Digby reminds us that true accountability was always going to come from only one place: the voters at the ballot box this November. "I'm sorry to have to tell you," she tells me, "but it's going to have to be a grinding out of a Presidential campaign and people are going to have to vote this guy out."
We've got a lot of ground to cover on today's program, with smart insights from both of them as usual, even if I don't have the energy to document much of it here for you today. So, please tune in.
There's one point, however, that I didn't get to on the show --- blame the cold medicine --- in response to the somewhat grim and arguably cynical (if accurate) assessments from Digby and Driftglass. That is, that even if Trump's federal trial for attempting to steal the 2020 election had moved forward, as scheduled, well before this November's election, I think the magic bullet moment that had been applied to that trial --- as if a guilty conviction would be an elixir that finally woke up the nation to how corrupt he truly was, leading supporters to abandon him --- was always, in my estimation, somewhat overblown.
When (not if) Trump is found guilty on any of the 91 criminal counts he is currently facing at both the state and federal level, his supporters will find a way to justify it and continue their support nonetheless. It'll be a evidence of a "corrupt system" or "Joe Biden's witch hunt" against Trump, etc.
I have never quite bought into the prodigious polling which suggests his 2024 support would crater once he was finally found guilty of a crime. His supporters know what he did. We all do. It's obvious. A criminal conviction is unlikely to change many opinions of him either way. This was and still will be --- as both Digby and Drifty point out --- about the VOTERS showing up and VOTING to save our democracy from the clutches of a fascistic, sociopathic, narcissist hell-bent on destroying it for revenge. Whatever happens between now and November 5, nobody else was ever gonna do it for us.
Finally today, Desi Doyen joins us for our latest Green News Report, as winter heat in the center of this nation blew away records for February, topping out in the 80s and 90s in huge swaths of the region over the past week. That helped touch off what is now the largest wildfire in Texas history. In February! That, and much more on today's GNR.
Now I'm going back to bed. I'm sure the last 24 hours have been nothing more than a bad Nyquil-induced fever dream...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Historic winter heat smashes records across U.S., sparks massive wildfires in Texas; Groundbreaking Colorado lawsuit seeks to force oil companies to clean up abandoned wells; PLUS: Shifting to EVs and clean electricity will dramatically improve children's health, study finds... 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): Exxon CEO blames public for failure to fix climate change; Marine heat wave kills thousands of humpback whales in the North Pacific; Boiling tap water may be solution to microplastics; Microplastics found in every human placenta tested in study; 'Nobody really knows what you're supposed to do': Leaking, abandoned wells wreak havoc in West Texas... PLUS: The Butterfly Redemption: How scientists, volunteers, and incarcerated women are finding hope through supporting a struggling butterfly... and much, MUCH more! ...
Brad is still under the (non-COVID) weather today, so guest host Nicole Sandler joins us to take the captain's chair for today's BradCast. [Audio link to full show follows this summary.]
FIRST: We start with some of today's breaking news (and there was a lot of it that came after airtime today, which we'll try to get to tomorrow), beginning in Congress, with Republican Senate Minority Leader Mitch McConnell announcing plans to retire from Senate leadership (although not from the Senate itself) after this November's election. Also, the question of whether the House GOP majority will be able to agree on a government funding package to avoid another Republican government shutdown by Midnight on Friday.
Also today, what to make of the reported results of Tuesday's Primary elections in Michigan, where both Joe Biden and Donald Trump easily won each of their respective party's contests, but where the New York Times and other corporate outlets found a strange way to spin the results. (As Brad pointed out on Twitter last night, Biden faced "significant challenge" in winning over 81% of the vote, while Trump "coasted to victory" with just over 68% on the GOP side against Nikki Haley's 27%, according to the Times' headlines.)
Biden did face just over 13% of Democratic voters who selected "Uncommitted" on Tuesday to register a protest vote against the Administration's policies in Israel amid its brutal invasion of Gaza. We try to offer a bit of context, however, amid the corporate media's too often misleading and/or context-free coverage.
THEN: Nicole speaks with investigative reporter JORDAN GREEN of Raw Story, who has spent months investigating a group of neo-Nazi teenagers who are working to recruit and indoctrinate even younger white kids online. Green reports on the neo-Nazi hate groups who are using the Internet to draw in teenage boys, "grooming children for a race war"; how their parents are reacting; and how these extremist groups have now turned to targeting Green, attempting to menace and intimidate him into halting his reporting.
He reports on being doxxed and seeing protests outside his own home, as the groups use similar fear and intimidation tactics against him that they also use to terrorize blacks, Jews, LGBTQ+ people and others.
Green discusses his investigation of the teen neo-Nazi recruitment group, his fight to protect his family and himself, and his resolve to continue: "That's not going to deter me from reporting," he tells Nicole. "This is the bedrock principle of democracy, to report without fear or favor. So I will continue to do that....They are certainly using the same tactics against journalists that they use against other groups that they dislike."
FINALLY: We finish up today with our latest Green News Report (featuring an ailing Brad!) which happens to be our 15th Anniversary episode! As a new study reveals that extreme weather disasters displaced 2.5 million Americans from their homes in 2023; Texas home prices have plunged in areas affected by a new state flood risk disclosure law; Chicago's lawsuit against Big Oil over climate damages. All of that as we celebrate 15 years of environmental news, politics, analysis and snarky comment over your public airwaves! (Thanks to YOU!)...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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Just after the first of the year, and despite being fully up to date with our shots, COVID finally found its way into BRAD BLOG World News Headquarters for the first time, after we'd successfully avoided it since the jump. Desi unknowingly picked it up in Texas, then brought it back to me about a week later.
Quick prescriptions for the anti-viral Paxlovid knocked it out for each of us almost immediately. In my case, over a single weekend. I didn't even miss a BradCast!
Then, about a week or so later, I got a rebound case of COVID, as is sometimes the case, even with Paxlovid. Desi didn't. That bout was far worse than the first, particularly since they won't prescribe the anti-viral drugs again in such a case. Largely had to suffer it out. Wasn't too bad. Like a mild cold, though it kept me from the show for a couple of days.
Now, a month later, guess what?...