After five years of underestimating Donald Trump, and nearly a full year since he tried to steal the 2020 election, you'd think the media would "get it" by now. But, according to our guest on today's BradCast, the national press is still under-appreciating and under-reporting the very real threat that Trump and his far-right radicalized Republican Party now represent to democracy itself. And maybe that's on purpose. [Audio link to full show follows below this summary.]

But first up, some brighter news. President Biden has now reversed Trump's unprecedented (and likely unlawful) rollback of protected public lands established by his predecessors in three different national monuments. On Friday, Biden restored environmental protections for millions of acres of pristine expanses and sacred tribal lands at Bears Ears and Grand Staircase-Escalante national monuments in Utah, and the Northeast Canyons and Seamounts marine monument off the coast of New England. Deb Haaland, the nation's first native American Interior Secretary, was justifiably emotional about today's return of protection from mining, drilling and other development for millions of acres of sacred lands and architectural treasures. Biden's rollback of Trump's order, however, left in place a small parcel of acreage newly established as protected public lands by the former President at Bears Ears. So that national monument is now even larger than it was before Trump attempted to sell it off to his investors. Add it to the long list of losses for our loser former President.

And here's another. New documents released by the U.S. House Committee on Oversight on Friday reveal that Trump's company concealed losses of more than $70 million on his D.C. hotel during his four years in office, even while a major part of the business at the Trump International Hotel at the old D.C. post office building came from foreign governments, as well as lobbyists and businesses hoping to curry favor with the disgraced President.  All of that, as Trump attempted to portray the project publicly as a stunning success while the Trump Organization had to quietly pump in more than $24 million dollars to it to cover losses, and as Deutsche Bank, according to the Democratic Committee co-chairs, offered "undisclosed preferential treatment" on a $170 million loan for the project that had been personally guaranteed by Trump. The Trump Organization is now desperate to find a buy to unload the loser project, but there are reportedly few takers as the current, inflated asking price.

While the media failed to adequately sound the alarm about a Trump property just blocks from the White House used as a deposit box for unconstitutional payments to the President from foreign governments, businesses, lobbyists and party faithful during his tenure in the White House, are they doing any better in raising what should be an even louder alarm following the past year of Trump attempting to steal a second term while directing supporters to attack the U.S. Capitol itself to block the Constitutional transfer of power on January 6th?

Our guest today, longtime media analyst ERIC BOEHLERT argues the mainstream corporate media appear to have learned next to nothing. More insidiously, he suggests, they are even "purposely" ignoring what he describes in a PressRun newsletter this week as "the clarion calls of democratic doom." That, despite alarm bells and clear signs that American democracy is facing an unprecedented internal threat from the rise of rightwing authoritarianism. "America isn’t guaranteed a happy ending," he writes, "although most of us grew up with the shared assumption that it was."

"There's a failure of imagination, but I feel like it's a purposeful failure of imagination," among the press, he tells us today, citing what he sees as the media's vested interest in the return of Trump as a candidate and even as President in a second term.  "After the election, long before the insurrection, Trump was doing everything in his power, as we now know more and more" to try and overturn --- yes, to steal --- Joe Biden's election victory. "But in November and December of 2020, Politico called it 'bad sportsmanship.'  There was lots of media coverage on he was 'sulking' in the White House. Basically the media's narrative was 'Just give him some time. He's mad. He's upset he lost. No big deal. He's not going to try to steal the election. The Republican Party would never do that,' etc. And we know how that unfolded."

But, nearly one year and an attempted U.S. Capitol insurrection later, the "purposeful failure of imagination" by the press still persists, he charges. Given all of the many signs of increasing political violence and radicalism from the Right and the Republican Party itself, how should the press be appropriately covering and warning about what appears to be going on in and our nation? How could they --- and we --- be doing a better job of adequately sounding the "fire alarm"?

Boehlert explains, and cites by way of one critical example, the media's fear of "taking sides", even when the two sides are no longer Democratic v. Republican parties, but democracy v. authoritarianism.  "'We can't take sides! If the Republican Party is anti-democracy, we can't be PRO-democracy, because that looks like we're opposing them! So we're just going to recede into the sidelines, and we'll give you updates every time they try to demolish our democracy.'"

"It's just this passive frog in the boiling water, the lack of clarity about authoritarianism in this country. This idea that it can't happen here, we are immune to this, we are immune to fascism, we are immune to authoritarianism. Oh sure, in the last ten years, it's happened in Hungary, it's happened in Poland, it's happened in Turkey. Those aren't us," he snarks. "We've been doing this for 270 years. No matter what Trump and the Republican Party hatch, this country is indestructible, this democracy is indestructible --- which is a complete fantasy."

Tune in for much more.

Finally, after starting off today with some good news for native Americans, we end with a bit more, as the Biden White House becomes the first to officially commemorate Indigenous Peoples' Day this coming Monday, on what is still officially known, barring an act of Congress, as Columbus Day...

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Way back in January, we reported on "How Trump Attempted to Use DoJ to Steal the Election". Why do our nation's corporate media outlets, all these months later, still have so much difficulty reporting it as such, despite the growing mountain of evidence on the unprecedented attempted theft of a Presidential election by a sitting U.S. President? That's just one of a number of stories and questions asked on today's BradCast. [Audio link to full show is posted below this summary.]

Among those many stories...

• What took the Coast Guard and Amplify Energy Corp --- owner of the pipeline that spewed more than 3,000 barrels of crude oil into the waters and protected wetlands nearly Huntington Beach in Southern California last week --- so long to respond to the spill? Residents smelled it, witnesses saw oil on the water and on boats, and even the National Oceanographic and Atmospheric Administration (NOAA) called in their report to the Coast Guard of a possible spill spotted from a satellite. Still, it was almost 10 hours before the Coast Guard investigated, and almost 12 hours before Amplify shut it down. That, despite technology pipeline companies always (falsely) claim will immediately detect spills and shut down the system as soon as they occur. Someone needs to face criminal charges, and this nation needs to get off oil, ASAP.

• Some brighter news out of Texas, where a federal judge has temporarily enjoined the state's S.B. 8 statute that deprives women of their Constitutionally-protected right to an abortion. The new GOP law in the Lone Star State inserts Big Government between a woman and her doctor to mandate that the medical procedure may not be carried out after 6 weeks of pregnancy, before most women know they're pregnant. Even in the case of rape or incest, Texas Republicans are demanding that women carry their rapists babies to term under the new law. On Wednesday, a U.S. District Court judge shut that whole thing down. For now. He also refused to put his stay on hold pending the state's appeal, because, as he wrote in his 113-page decision [PDF]: "The State has forfeited the right to any such accommodation by pursuing an unprecedented and aggressive scheme to deprive its citizens of a significant and well established constitutional right."

• Yesterday, we reported that Senate Minority Leader Mitch McConnell and fellow Republicans blinked in their ongoing effort to block Democrats from lifting the nation's borrowing limit to avoid the economic calamity that would ensue when the U.S. defaults on its debts, for the first time in history, on October 18th. Today, after McConnell blinked, he and Majority Leader Chuck Schumer agreed on terms for the legislative process that Republicans will allow to let Democrats avoid disaster, at least until early December, when the GOP threatens the same economic terrorism all over again. AP (and other national outlets) continued to mislead the public by reporting: "the Republican and Democratic leaders edged back from a perilous standoff." But that's not what happened at all. The "leaders" (plural) did not "edge back", and it was not a "standoff". As  longtime journalist, author and media critic James Fallows has been expertly reporting for some time now, this was nothing more than a nihilistic Republican threat to tank the nation's, and the world's, economy. "To call it an 'impasse' or 'standoff' is misleading," writes Fallows this week. "This is the same kind of 'impasse' as one between a kidnapper demanding ransom for a captured executive, and a company that believes it should not pay. It is not a level-playing-field difference of view."

• The debt ceiling is hardly the only area where mainstream corporate media have been failing by ill-serving the public and our democracy. Today, they were joined in that disservice by the Senate Judiciary Committee Democrats, who released an otherwise very important report on how Donald Trump attempted to use the U.S. Dept. of Justice to STEAL the 2020 Presidential election. The 394-page report [PDF] was eight months in the making and is titled: "Subverting Justice: How the Former President and his Allies Pressured DOJ to Overturn the 2020 Election." Media reporting on the new report has taken to echoing that language (as they have since last November) in explaining how Trump tried to "subvert" the election, or "question" its results, or tried to "undermine" its legitimacy.  He used a "big lie" to try and pull off a "self coup". Of course, Trump did all of those things, but it was all in service to one single criminal objective: An attempt to STEAL the election!  Why do corporate media --- and Democrats, for that matter --- have such a difficult time calling it out as such? There is a mountain of hard, independently verifiable evidence to support that admittedly very serious charge, that I would never issue lightly. Today, Senate Democrats just added 394 more pages of said evidence to that mountain. Media need to start accurately calling out what happened here. A then sitting President of the United States abused the levers of his power to try and STEAL a Presidential election from the American people. It's as simple as that. Media should begin reporting it as such.

• Trump's attempted theft of the 2020 election continues, at least in hopes of stealing the next one. Despite the abject failure of the Cyber Ninjas in Maricopa County, Arizona (Sen. Dick Durbin called them "Ninja Turtles" today) to find any legitimate evidence of election fraud (or to even hand-count the results of the election accurately), the MAGA Mob is still continuing to waste tax payer dollars with phony "audits" and "investigations" of last year's election in other states. In Wisconsin, as in Arizona, Republican legislators have hired someone completely inexperienced in elections to investigate their loss in last year's election. In this case, the man placed in charge of the review is a former state Supreme Court Justice named Michael Gableman. This week Gableman admitted to the Milwaukee Journal Sentinel that he does not have "any understanding of how elections work." Great choice, Republicans!  I'm sure he'll very wisely spend the $676,000 in taxpayer money that you "conservatives" gave him. The effort may even be as successful as the Turtles'!

• Finally, Desi Doyen joins us for our latest Green News Report, with more on last weekend's massive SoCal oil spill; a new study finding that, globally, the fossil fuel industry receives $11 million in government subsidies every minute (no doubt Joe Manchin will be furious about their "entitlement society"!); and another notorious pipeline company with high-tech spill prevention technology is charged with dozens of criminal counts for pipelines that leaked into Pennsylvania's drinking water...

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IN TODAY'S RADIO REPORT: Ship's anchor appears to have caused devastating Southern California oil spill; Fossil fuel industry receives $11 million in government subsidies every minute, new report finds; PLUS: Pennsylvania Attorney General files criminal charges against notorious pipeline developer... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): WHO slashes guideline limits on air pollution from fossil fuels; White House outlines plan to overhaul Trump NEPA rules; DOJ investigating Trump’s probe of car companies; City In Michigan Urged To Use Bottled Water Due To Lead Risk; Canada Invokes 1977 Treaty With US As Dispute Over Pipeline Intensifies... PLUS: Burning Wood (Biomass) Is Promoted As A Carbon Neutral Fuel. But Is It?... and much, MUCH more! ...

Something not terrible actually happened in D.C. today! We celebrate at the top of today's BradCast! [Audio link to full show is posted below summary.]

Faced with the likelihood of the U.S. defaulting on its debts in a matter of days for the first time in American history (and being blamed for the economic devastation that would go with it), or otherwise facing the possibility that Democrats would be forced to reform the filibuster to allow a carve out for raising the debt ceiling, Mitch McConnell and Senate Republicans blinked today. They have now agreed to call off their filibuster to allow Democrats to raise the debt ceiling by themselves, if only for about two months. That's okay. It's a clear win for the Dems, whose unwillingness to back down to the GOP's economic terrorism and weaponization of the need to borrow money to pay for stuff that Congress (including Republicans!) have already bought, has paid off. It has also revealed McConnell's bluff. Something to keep in mind the next time this comes up again in December. We explain.

It also means that Congressional Dems can now focus on passage of their Build Back Better agenda, specifically, their transformative and long-overdue expansion of healthcare, education, child care and the first real attempt to take on climate change in their proposed $3.5 trillion bill that would spend $350 billion a year over the next ten years. That's not a lot of money, in truth, for the U.S. Government. The Treasury Department may take in $300 billion in tax revenue on any given single day. Not to mention, the entire bill, as proposed, is paid for with a small tax increase on corporations and the wealthy. But that hasn't prevented Sen. Joe Manchin (D-WV) and his sidekick Kyrsten Sinema (D-AZ) from pretending that the implementation of wildly popular progressive programs --- which the Democratic President actually ran and won on --- will lead to an "entitlement society".

Amid the negotiations over the final price tag of the Build Back Better Act, Manchin has been demanding "means testing guardrails" on all new family and health related programs. What does that mean, exactly? If only Americans below a certain income are allowed, for example, to enjoy the two free years of pre-K and community college included in the Democratic proposal, why not impose such conditions on the rest of our public education system? "Once we’re means-testing pre-K," The Prospect's Harold Meyerson recently observed in response to Manchin's demands, "it’s hard to see why governments at all levels don’t means-test K itself, not to mention K-12."

The Philadelphia Inquirer's longtime national columnist WILL BUNCH describes "means testing" in his newsletter this week as "two dirty words for America's middle class" and "the two most insidious and abused words in American politics." He joins us today to explain why that is and what other, alternate, betters ways their may be to meet the seemingly intractable (and dumb) demands from Manchin and Sinema that the Democrats' fully-paid-for bill be scaled back from it's current price tag.

"When means testing is applied," Bunch explains, "the reality is, what you're really doing is reducing the size of the program, so you're reducing the amount of money that needs to be raised to pay for the programs, which means you're reducing the amount that taxes would be increased on these wealthy people and on these corporations, who happen to be Joe Manchin's patrons."

"What really happens is that people who are entitled to these programs don't get the benefits because of means testing," he argues, "because it creates all kinds of bureaucratic hoops. The more you make them jump through hoops, the more you heighten the feeling of stigma that some people feel about getting government aid, they just say 'forget it' and give up. So the utilization rate of these programs --- they find that usually a quarter of the people eligible for these programs don't take advantage of them for reasons like that."

But, he says, it's also simply about money. "Let's focus on what's really going on here. They're really trying to squeeze every dollar to not go to middle class and working class families. And all those dollars that they squeeze, they go into bigger tax cuts for billionaires and corporations," who, unlike middle-class tax-payers, do not face such means testing for benefits they enjoy. "It's like reverse means-testing! The more means you have, the more we're going to bend over backwards to cut your taxes!"

We discuss all of that and more --- including the Rolling Stones concert that Bunch went to this week in Pittsburgh. Yes, I'm jealous!

Finally, as crazy and dangerous as the Republican Party has become in recent years, a number of its elected officials are apparently set on pushing the envelope to new standards of insane behavior...even if it means taking on fellow elected Republican officials, as the Lt. Governor of Idaho has done this week --- once again --- while the state's Republican Governor was out of town on state business. Yes, the madness continues on today's BradCast. We do our best to keep up with it...

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Wait. Even the so-called "audit" results from the Cyber Ninjas that appear to confirm Joe Biden's 2020 victory in Arizona over Donald Trump were phony?! Yup. "The Ninjas made up the numbers out of whole cloth," says our guest on today's BradCast, after examining and sharing the actual evidence in support of that claim. [Audio link to full show is posted below this summary.]

But first, the partisan, wingnut audit by the Ninjas in Maricopa County, AZ, is hardly the only epic fail by Trump MAGA Mob dead-enders who have been unable, in almost a year, to show any evidence of any substantive fraud or manipulation of the 2020 election results. The latest epic fail comes out of the deep red state of Idaho, where Trump was certified to have defeated Biden by more than 30 points. Nonetheless, loony tunes deep-pocketed pillow impresario and deep state Trump stooge, Mike Lindell, claims that those numbers were also wrong! He charges, in a new document titled "The Big Lie", that votes were flipped electronically in all 44 counties in the state, for some reason, to help Joe Biden (who, again, lost in Idaho by more than 30 points!)

Idaho's Republican Secretary of State, however, suspected that Lindell's claims may have been wrong, especially given that 7 counties in the state use no computers at all to tally their ballots. They hand count them! Nonetheless, his office went about doing full, transparent, video-taped hand-counts (and posted them on YouTube) in front of Democratic and Republican Party officials in two small Idaho counties, just to be safe. What did those recounts show? You guessed it, Biden's margin increased. He received the same number of votes in each counties' recount, but Trump lost about 9 votes in one county and picked up one single vote the another. Lindell, however, refuses to accept those publicly hand-recounted results by the Republican Sec. of State in Idaho, in his continuing drive to make himself the nation's number one laughing stock.

But Lindell has competition on that score from the Cyber Ninjas and its CEO Doug Logan in Arizona!

A week and a half ago, The BradCast was the first in the nation to detail to the findings in the long-awaited final report from the Ninjas' 5-month long secret "audit" of the 2020 Presidential election results in Maricopa County (Phoenix). Rather hilariously, the Ninjas reported that their hand-count of 2.1 million ballots cast in the County matched up almost perfectly with the original, certified, computer-tallied results from the county's Dominion Voting Systems tabulators. In fact, the Ninjas claimed to have found that Trump actually lost 261 votes in their hand-count, while Biden picked up 99 votes.

But never mind even those numbers! Because a group of actually experienced, bipartisan election auditors, who call themselves The Audit Guys, say the Ninjas' numbers are completely bunk. "An epic hoax" according to their own review of the Ninjas' "audit". Those results were "fiction," they told New York Times. "The reality is they just made up the numbers," they explained to Arizona Republic. In fact, The Audit Guys' own report charges that "the entire exercise in hand counting ballots on lazy Susans for two months, was a hoax." Moreover, they say, the GOP President of the AZ Senate who arranged the entire audit and selected the inexperienced, conspiracy theorist company, Cyber Ninjas, to carry it out, is now part of a "coverup" to try and hide the scam.

We're joined today by Audit Guy, LARRY MOORE, founder of the Clear Ballot Group, which audits elections around the country. Since retiring from the company, Moore has teamed up with prominent Pima County (Tucson), AZ Republican data analyst Benny White and Clear Ballot's retired Chief Technology Officers Tim Halvorsen to independently check the Ninjas efforts.

Moore explains today how they determined that the Ninjas numbers were "made up out of whole cloth". Specifically, when the state Senate released the Ninjas' three-volume report, they appear to have accidentally left a number of pages in it that detailed discrepancies in the hand-count of ballots carried out by the Ninjas versus a separate, independent machine count of ballots done by the Senate at the end of the process, to try and reconcile numbers that were reportedly way off. In fact, as Moore details, the data released by the Senate revealed that their machine count of ballots (not results, just the number of ballots) matched almost perfectly with the County's originally certified totals. But the Ninjas' hand-count of the number of ballots was off by a mile.

The Senate report revealed (apparently accidentally) that one pallet of ballot boxes actually contained 48,371 ballots in 40 boxes, according to the Senate's machine count. That number matches the County's originally tallied numbers. But the Ninjas hand-count of that same pallet of ballot boxes was off by 15,692 ballots! And, as Moore explains today, that was no more than 2.5% of the 2.1 million ballots cast in the County last year and theoretically hand-counted by the Ninjas on those colorful lazy Susan tables.

"In short," The Audit Guys' report notes, before they lay out their full findings and evidence, "with this enormous discrepancy, any discussion of vote counts --- including Biden's 99 vote gain and Trump's 261 vote loss --- is meaningless."

On today's show, Moore explains how his team was able to confirm the numbers they compared with the Senate's machine-count. Randy Pullen, one of the Senate's liaisons to the count, oversaw that late, independent machine count of the numbers of ballots. He now has "some 'splaining to do", Moore tells me. Extrapolating out the numbers from the single pallet of ballots that Pullen's report accidentally revealed, results in "about a 300,000 ballot discrepancy" if averaged with the rest of the 2.1 million ballots the Ninjas supposedly counted.

If that's true, why did the Ninjas' claim that not only their count matched the County's, in general, but that Biden's margin of victory actually increased a bit? Moore offers his explanation on today's program.

We also discuss the response, so far, from both Pullen and Sen. Fann to the Audit Guys' findings ("Crickets," says Moore) and how Fann herself now appears to be participating in a coverup to hide the real numbers and much more. A state court judge has ordered the Senate to release all records from the "audit" and communications with the Ninjas and other contractors as part of public records requests. Fann, however, has refused to release thousands of pages of documents, including the rest of Pullen's and the Ninjas' box-by-box, batch-by-batch reconciliation data. (Longtime progressive AZ election transparency advocate John Brakey, who was allowed inside much, if not all, of the "audit", also recently confirmed on this show that documents were being withheld, when he explained how many of his own communications with Fann were not included in an earlier tranche of documents released as part of the original court order.) There is a hearing scheduled before the judge this week to force the rest of the documents out of Fann.

We also take a few minutes to discuss the concerns that some, including Moore, have about all of these demands for post-election audits in the wake of Trump's evidence-free Big Lie that the election was stolen from him. I don't personally mind such audits, as long as they are done publicly, with the cooperation of election officials (unlike the offensive clown show carried out by the Ninjas in Maricopa). Moore has a different view, however. We discuss.

Finally, we're joined by Desi Doyen for our latest Green News Report, much of which focuses on the weekend's massive oil pipeline rupture off the coast of Southern California, and on the big bucks that Big Oil is now spending to try and block Joe Biden's Build Back Better agenda in Congress...

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UPDATE, 6/6/2023: Confirming our reporting from a year and a half ago, text messages finally obtained by the Arizona Republic, via court order, from Cyber Ninjas CEO Doug Logan confirm that, as Moore explains in the show detailed above, Logan simply made up the numbers for this "audit" after being unable to add up or reconcile tabulation sheets created during the Ninjas' months-long "counting" spectacle at the Arizona Veterans Memorial Coliseum. Full details now here...

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IN TODAY'S RADIO REPORT: Massive oil spill off Southern California coast despoils fish and fowl; SoCal beaches closed, with calls renewed for total offshore drilling ban; PLUS: Big Oil spending big bucks to block climate provisions in Biden's Build Back Better agenda... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): An "attack on American cities" by the natural gas industry is freezing climate action in its tracks; National Audubon Society calls for 'Lights Out' after 'mass mortality' event of migratory birds; Babies are full of microplastics, new research shows; What climate change requires of economics; 14 percent of world's coral lost in a decade; Oil spills plague Venazuelan coast; Urban heat is getting more dangerous... PLUS: The Dimming of Planet Earth... and much, MUCH more! ...

With a long history of fossil fuel disasters up and down the California coastline, another one erupted over the weekend here in Southern California, as we discuss at the top of today's BradCast, along with the latest on the Congressional GOP Caucus threat to tank the U.S. economy by defaulting on trillions of dollars in debt they long ago agreed to incur.

First up, at least 126,000 gallons (approximately 3,000 barrels) of crude spilled into the ocean waters near Huntington Beach, California over the weekend, about 30 minutes south of Los Angeles. The full extent and cause of the damage is currently unknown as we went to air, but it includes a 13-square mile oil slick, dead birds and fish washing ashore, and sensitive ecological preserves along the coastline having been sullied by thick oil and tarballs.

The oil appears to have leaked from some part of a 17.5 mile pipeline which has extended, since the 1980s, from oil drilling and production platforms more than 3 miles offshore, in federal waters overseen by the U.S. Dept. of Interior. The pipeline is one of hundreds running up and down the oil rich CA coastline, where the state has banned new fossil fuel infrastructure, but where, as our guest notes today, the Trump Administration attempted to open up still more dangerous oil production over the past four years. The U.S. Coast Guard is now investigating whether a ship anchor dragging on the ocean floor may have caused the rupture.

We're joined on the program by LAURA DEEHAN, State Director of the non-profit Environment California, for the latest on the state's most recent fossil fuel disaster and what can and should be done about it moving forward.

"We need to get to the bottom of what's happened here," she tells us, adding: "I think our immediate concern is let's protect the wildlife, let's minimize the damage to our beaches and coastline as much as we can right now. But ultimately, of course, we're calling for a permanent end to this activity. Because clearly enough is enough."

Similar disasters have been killing wildlife and covering Southern California beaches in sticky, toxic tarballs for decades. The current spill has now shut down the tourism rich beaches of Huntington Beach, resulted in the cancellation of the third day of an air show on Sunday featuring the Blue Angeles and some 1.5 million spectators, and may similarly affect other beaches in the area from Long Beach to Newport Beach in Orange County in the coming days.

Deehan confirmed that the sensitive, 25-acre Talbert Marsh ecological reserve near Huntington Beach has now been sullied, threatening the lives of dozens of rare and endangered birds and other species. "We clearly need to end our dependence on oil to power our lives as fast as possible. So, we're calling for an end to drilling of the California coast," she explains. "Our coastline is too precious, it's too vulnerable, and we need to prevent anything like this from happening ever again."

So, who is to blame here? The private companies who run the platforms and pipelines (the Elly platform near where the leak occurred is run by a company named Beta Offshore, which is owned by another named Amplify Energy Corp.) Or is the state and/or federal government to blame? It took nearly 24 hours after residents smelled petroleum fumes and reported boats coming into docks with oiled hulls before a response was mounted and the pipeline, eventually, shut down. Dolphins and whales have reportedly been seen swimming through the oil slick ever since.

We discuss all of that and how the Biden Build Back Better agenda, supported by almost the entirety of the Congressional Democratic Caucus, might help to begin making all of these recurring disasters a thing of the past. Eventually. If Dems can overcome a handful of party obstructionists, which largely amount to two Senators, Joe Manchin from West Virginia coal country and Kyrsten Sinema of Arizona.

"When you think about the consequences of NOT ending our dependence on oil, I really think the costs to our society are so much greater," Deehan argues. "We can no longer afford to have these significant negative events, like a massive oil spill off our coast. There are economic impacts from that, too. The coastal communities, the people who want to be able to go surfing, the people who want to visit our Southern California beaches, the tourism industry, the fishing industry. All of these industries are going to lose a lot from this event."

As you might imagine, we'll be keeping our eye on that mess. But, next today, we head back to D.C. for the latest in the GOP's threat to tank the entire U.S. economy --- and the world's with it --- by obstructing Democratic efforts to lift the debt ceiling in order to continue paying off our already existing debt (including $8 trillion in deficit spending approved by Congress during the Trump Administration). The stakes are nothing less than the avoidance of a global fiscal calamity if the U.S. defaults on its debt for the first time in history, as of October 18. President Biden called out Republicans at the White House today for their brinkmanship, asking them to "get out of the way" if they won't help, and arguing that a "meteor is headed to crash into our economy" while the GOP plays "Russian Roulette" with it. Over the weekend, Democratic Senate Majority Whip Dick Durbin of Illinois called out Minority Leader Mitch McConnell for "playing games with a loaded weapon".

We open up the phones to discuss all of the above and more with listeners today...

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It's NICOLE SANDLER, back today to guest host the BradCast. If you didn't already know, I live in Florida (or as I refer to it, FloriDUH!). The biggest priority for me in the 2022 midterm elections is getting rid of the mini Trump Ron DeSantis. (Or as some of us who've been suffering under his rule refer to him, 'MoRon DeathSentence.')

I'm not sure who I'll vote for to replace him, but I'm looking at all the options. Right now, there are two declared Democrats in the race: Florida's Commission of Agriculture & Consumer Services NIKKI FRIED, and former Republican Governor, now Democratic Congressman CHARLIE CRIST, who represents Florida's 13th district.

They both appeared on my show over the last week or so. I thought today was a good opportunity to introduce them to you, as ousting DeSantis will benefit the entire nation.

What did you think? Impressed by either one or both? I'm curious to hear your thoughts. Weigh in in the comments below!

As for the week from hell that just ended, Brad will fill you in on the next show. All I have to say is, 'You go, Progressive Caucus!!!'...

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Hopefully today's BradCast is at least slightly less chaotic than Capitol Hill right now. We do our best to help you make sense of the Democrats' attempts to move four critical bills through to law, as they all come due at about the same time, and all must overcome obstructionists from both the Right and the Left. One bill today, has made it through. The fates of the other three --- and those of the nation, the economy, the Presidency and the Democrats --- are less than clear at this hour.

Among the stories covered, discussed, referenced and/or ranted upon on today's program...

• We start with some listener email in response to our interview last week with NASA climate scientist Dr. Peter Kalmus, who argues that our planet's climate emergency is far worse and more immediate than many other climate scientists are willing to say. Emailer RC concurs, and explains why current plans to curb carbon emissions by both the US and EU are not nearly enough to meet the moment, and entirely unfair to the rest of the world.

• With those thoughts underscoring much of the rest of our coverage today, we move to the ongoing mess in D.C., where Dems must pass four different pieces of critical legislation in the next few days and/or weeks for various critical reasons. One is a bill to keep the government open and operating after midnight tonight. After a Republican filibuster and a decoupling of that measure from the lifting of the debt ceiling before the government runs out of the ability to borrow money on October 18, the bill to keep the government open was passed by both chambers today (and signed by the President tonight). That Continuing Resolution will keep the government operating until December 3rd, when this ridiculousness will happen again, and Republicans are sure to create still more chaos and uncertainty...just because they can. Their filibuster of raising or suspending the debt ceiling, however, continues to march toward fiscal calamity [PDF] and deep recession as of October 18, unless they relent or Dems come up with some other idea.

• As we went to air today, it was still unclear whether a vote would be held in the House on the bipartisan $1.5 trillion infrastructure bill, which all Democrats in both chambers agreed to couple for passage with the much larger, very popular $3.5 trillion Build Back Better social spending and climate change bill that encompasses the bulk of the Biden agenda. At least it had been coupled until a small handful of shameless corporatist Dems in the House and Joe Manchin and Kyrsten Sinema in the Senate reneged on the original agreement. Now, they are trying to force Pelosi into calling a vote on the smaller bill, which was already passed by the Senate, and which House progressives have vowed to vote against unless the larger bill is adopted along with it. And though we hadn't seen anyone else make this point before airtime (Josh Marshall mentions it tonight), while House Repubs have been whipping against the smaller bill in the House, if they really wanted to muck things up for the Dems, they could vote in favor of the measure that many of their Republican colleagues in the Senate have already approved. That would replace the votes of the objecting progressives and remove pretty much all of the leverage they currently have to force passage of the larger reconciliation bill. So don't tell Republicans.

• The log jam on that larger bill, of course, has been Manchin and Sinema. And while neither Democratic Senator had made their objections to the measure particularly clear --- other than they didn't want to spend that much money (even though, unlike the deficit spending of the bipartisan infrastructure bill they supported, the larger one is actually paid for with tax increases on corporations and the wealthy!) --- at least Manchin was open to negotiation. Sinema, who is a terrible person, has said she wouldn't negotiate on the larger bill at all until the smaller one was passed. That is, apparently, still her position. But as of shortly before air today, we now know a bit more about Manchin's position. That, based on a bullet-point memo [PDF] obtained by Politico, which he gave to Chuck Schumer in late July, detailing his demands. Among them, the bill can't spend more than $1.5 trillion, and the coal state Senator (whose family makes millions on fossil fuel extraction each year) really really wants to undermine the critical climate components at the heart of the Biden agenda. We discuss.

• While Democrats are trying to move their wildly popular agenda forward, despite the obstructionism from both the Right and Left, Republicans and their media machine are busy lying to the public about the effort. We do our part to correct the record today with more information on what Democrats are actually hoping to do --- so you can help be the media and counter the rightwing lies on social media and elsewhere. (Pretty please?) Among those lies, Sen. Marco Rubio (R-FL) offered a whopper today, describing the Biden agenda as "Marxism" on Twitter. And fake news site Newsmax is lying to their gullible viewers about the bipartisan infrastructure bill including an 8-cent per mile "driving tax". It doesn't. We try and help correct the record on both scores.

• Finally, Desi Doyen joins us for our latest Green News Report. Today, we have yet another California utility company coughing up billions to settle with residents after their negligence led to disaster following the largest methane leak in U.S. history; New polling finds a dramatic spike in concern among a majority of Americans regarding our climate crisis; And another major automaker makes another major bet on our electric vehicle future...

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IN TODAY'S RADIO REPORT: California gas company agrees to nearly $2 billion settlement after largest methane leak in U.S. history; 23 species dropped from the U.S. endangered list because they're officially extinct; Poll shows dramatic increase in Americans' concern about climate change PLUS: Ford Motor Company makes an $11 billion bet on electric vehicles... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Why Some Utilities Support, and Others Are Wary of, the Federal Clean Energy Proposal; Climate change is 'a freight train' making some places too dangerous to live in; NC Civil Rights Groups Say Hog Waste 'Biogas' Harms Communities of Color; Enbridge: Line 3 Replacement Complete; Oil Will Flow Friday; USDA pledges billions for climate-smart farm projects, resilience; Report Alleges Conflicts Of Interest Among Texas Oil And Gas Regulators... PLUS: China’s Power Cuts Shut Down Factories, Fuel Climate Goal Pushback... and much, MUCH more! ...

On today's BradCast: MAGA dead-enders have found a way to continuing pretending the 2020 election was stolen from them in Arizona; it's now down to pretty much one Democrat in Congress who seems willing to take down Joe Biden and the Democratic party's entire agenda; and the lazy corporate media fall for another phony narrative, fed to them by police, to explain 2020's spike in killings across the country. Just another day making sense of the absurd. It's what we do.

First up, despite last week's hilariously embarrassing news for Donald Trump that his own Republican partisans hired by the Republican state Senate in Arizona to "audit" last year's election found that, yup, Trump lost to Biden as originally certified (and by an even larger margin), the disgraced former President is still lying to his supporters, claiming the audit found that he won. It didn't. But, at the same time, his supporters --- including perhaps the top wingnut website responsible for false reports of "fraud" in the 2020 election, Jim Hoft's Gateway Pundit --- are now circulating a phony "draft" of the Cyber Ninja's audit report. The fake report is being characterized as the "real" report by Hoft and friends. One of them, Matthew DePerno, a candidate for Michigan Attorney General(!) who Trump recently endorsed, posted it to Twitter claiming it was the "real " report from the Ninjas that RINOs in the GOP state Senate tried to "censure" [sic].

The fraudulent "draft" claims that the 2020 election in AZ "should not be certified," even though it already was, ten months ago, by the state's Republican Governor. A Ninjas spokesperson denies having anything to do with it, claims the very real looking "draft report" is "absolutely false", and "that it was not written by Cyber Ninjas CEO Doug Logan, nor was [the call for decertification] in any version that was ever sent or shown to the [state] Senate for review."

Thankfully, Hoft, often referred to as the dumbest man on the Internet, isn't buying it! He and his site are furious that the national GOP and Republicans in Arizona are hiding the truth and "are working for the other side!" He's totally right! Hopefully Republican voters won't stand for it any longer and will vote all of them out of office next year to show 'em!

Next, from RINOs in Arizona, to DINOs in Arizona. Kyrsten Sinema, according to a number of her fellow Democrats today, seems to be the one --- even more than Joe Manchin --- holding up passage, and even negotiation, on the Build Back Better Act, the wildly popular $3.5 trillion sweeping social safety net and climate change legislation which is at the heart of the Biden agenda. It's also fully paid for by a small increase on taxes on corporations and the wealthy. While we covered the four pieces of legislation at the heart of what led House Speaker Nancy Pelosi to describe this week as "a time of intensity" in some detail on yesterday's BradCast, I'll refer you to that one and today's show for all of the maddening details here. Though I will note that Sinema's (and Manchin's, to a slightly lesser extent) intransigence could result in both the $3.5 trillion reconciliation bill failing to pass, along with the smaller, bipartisan infrastructure bill that Sinema was key to crafting with Republican Senators. She seems far more willing to negotiate with GOPers than with Congressional Dems in her own party, or even the Democratic President of the United States.

The result of all of this could be the death of both bills and Democratic hopes for success in 2022 along with it. But, it should be noted here, that even if Pelosi allows a House vote on the smaller, bipartisan infrastructure package that Sinema really wants to see passed this week (even though, unlike the larger package, it is not "paid for" and will increase the deficit that she and Republicans who support it claim to oppose), and even if it somehow is passed in the House (despite the Progressive Caucus vowing to vote against it), as Congressional expert Norm Ornstein explained on this program last week, Pelosi doesn't have to send it to the President until the reconciliation bill is passed as well. She can hold the smaller bill as long as she likes, according to Ornstein, who told us the Speaker never has to send it to the President's desk, if she doesn't feel like it.

Next, you may have seen the widely reported new statistics released by the FBI on Monday, finding an alarming spike in killings in the U.S., mostly with guns, during 2020. You may also have noticed that many of the stories on the new data --- from Washington Post, New York Times, NPR and others --- all referenced claims from police officials and academics who support them, that the record spike should be attributed, at least in part, to new policing rules and reticence by cops to take action following the murder of George Floyd in Minneapolis last year and the many others who were caught on tape being killed by the police.

Darn those "Defund the Police" activists whose outrageous advocacy has led to an historic spike in U.S. homicides!

Of course, that all appears to be bullshit, as explained by our guest today, CARL TAKEI, Senior Staff Attorney at the ACLU's Trone Center for Justice and Equality, where he litigates police practices. "This is a story that we have heard before," Takei explains. "It actually goes back to 2014, when then-St. Louis Police Chief Sam Dotson coined the term 'Ferguson Effect'" after the police killing of Michael Brown in Missouri that year, which sparked national outrage, weeks of protests and demands for police reform. "The 'Ferguson Effect', according to its proponents, means that police choose to be less proactive because protests against police hurt their feelings. And this decrease in proactivity then leads to a rise in homicides and other violent crimes."

"The problem with this is it doesn't  make sense," says Takei. "Why would decreases in arrests of people for low-level offenses like pan-handling or passing bad checks --- using counterfeit bills, as George Floyd was accused of doing before he was murdered --- why would decreases in these kinds of arrests lead to more homicides? That's the unanswered question at the core of the 'Ferguson Effect' idea."

"Police, when it comes especially to serious violent offenses like homicide, are reactive," he argues. "They respond after the shooting has already taken place. And they don't actually have the ability to prevent gun violence. And that's why, over forty years of seeing crime go up and police budgets going up, and then crime going down but police budgets continuing to go up --- we have forty years of year-on-year increases in police budgets and we've seen that there's actually no relationship between how much we are funding the police and what is happening in terms of crime rates."

Takei tells me, "Police aren't actually able to address the root causes of crimes. Especially crimes like interpersonal violence, or crimes that come from economic distress, from mental health issues, drug dependence issues. All of that requires different tools. But we live in a country where oftentimes the first and only response to anything that's labeled as crime is 'give more money to the police.'"

So, to what does Takei attribute the largest one-year spike in murder and manslaughter since record keeping began on these statistics in the 1960s? And what should be done about it? Tune in to find out. But it is damned frustrating to see so many theoretically legitimate news outlets incuriously parroting these unsupported-at-best and arguably completely phony claims about violent crime.

Finally today, a bit of good crime-related news out of Los Angeles this week, where prosecutors have moved to expunge another nearly 60,000 marijuana-related convictions from the past three decades, some five years after California voters approved the use and sale of recreational cannabis...

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On Friday, U.S. District Court Judge Robert L. Pitman is scheduled to hear oral arguments on Texas' new anti-abortion law, S.B. 8 in the federal government's Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [PDF]. He is likely to rule in favor of the federal government.

If granted, the ruling by Judge Pitman, an Obama appointee, would temporarily prevent enforcement of the new Texas statute banning pre-viability abortions performed on or after 6 weeks of pregnancy, before many women even know they are pregnant. That preliminary injunction would, for now, restore the status quo ante --- the state of the law in Texas prior to Sept. 1, 2021, when S.B. 8 first went into effect.

Unless overturned on appeal, the preliminary injunction would then remain in effect pending a final decision on the legal issues raised by the U.S. Department of Justice (DOJ) in the federal Complaint it filed in United States v. Texas.

The issuance of a temporary injunction by Judge Pitman would not be inconsistent with the U.S. Supreme Court's recent 5-4 rejection of a private medical provider's similar request for an injunction in Whole Woman's Health v. Jackson, the initial federal challenge to the Lone Star State's new law.

As the DOJ argues in its filing, no one, not even Texas, contends that S.B. 8's pre-viability abortion ban --- one that also contains no exception for unwanted pregnancies due to rape or incest --- is Constitutional under existing federal law. To the contrary, even in the first case, Whole Women's Health, the right-wing Supreme Court majority conceded the medical provider plaintiff "raised serious questions regarding the constitutionality of the Texas law at issue".

The core problem which prevented the issuance of an injunction in the initial case arose from "uncertainties" both as to federal court jurisdiction and whether any of the named defendants in that case could lawfully be the subject of a federal court injunction.

Those "uncertainties" arose because S.B. 8 was specifically designed to prevent challenges to its constitutionality in federal courts. The statute was crafted to prevent the Executive Branch of state government from enforcing the 6-week abortion ban. Instead, according to the DOJ's Complaint, S.B. 8 "deputized ordinary citizens to serve as bounty hunters who are statutorily authorized to recover $10,000 per claim from individuals who facilitate a woman's exercise of her constitutional rights."

In Whole Woman's Health, a legal concept known as State sovereign immunity prevented the plaintiff from naming Texas as a defendant. Because the statute prevents enforcement of the Act by members of the state's Executive Branch, the private medical provider was unable to seek an injunction against anyone working for that branch of the Lone Star State. There's legal uncertainty as to whether the State court judge, who was a named defendant in the case, could be enjoined by a federal court. The only potential private "bounty hunter" named in the medical provider's complaint filed an affidavit with the U.S. Supreme Court, asserting he had no present intent to file an S.B. 8 enforcement lawsuit.

The Supreme Court's "shadow docket" majority decision held that those "uncertainties" warranted a denial of the private medical provider's request for injunctive relief in Whole Women's Health. However, that same majority expressly noted their decision "in no way limits other procedurally proper challenges to the Texas law."

Texas cannot assert sovereign immunity when it is directly sued by the federal government in a case that alleges a State enactment violates the sovereignty of the United States. Thus, the DOJ's case, United States v. Texas, is a "procedurally proper" challenge...

On today's BradCast: Over the weekend, House Speaker Nancy Pelosi warned her caucus in a "Dear Colleague" letter that "the next few days will be a time of intensity". She wasn't kidding. [Audio link to full show is posted below this summary.]

Today, we bring you up to date on the four different major pieces of legislation that Democrats must push through Congress, somehow, within the next few days. All four are incredibly important for different reasons, have slightly different deadlines, and slightly different obstacles to passage, each of those obstacles are difficult.

As of midnight Thursday (September 30), the government will shut down if a Continuing Resolution to keep it open is not passed in the Senate. That will end up costing taxpayers a lot of money and financial markets will take a hit, as we already saw today, with the Dow dropping more than 550 points and the S&P falling 2 percent. Of far greater danger to both the stability of the U.S. AND global economy, as of October 18, as Treasury Secretary Janet Yellen has now cautioned lawmakers, the government will run out of "extraordinary measures" to avoid defaulting on U.S. debt unless the ridiculous, statutory debt ceiling is raised or suspended by Congress. That would allow the government to continuing borrowing to pay for all the stuff that Congress has already committed to spending, such as the $8 trillion increase to the national debt that was run up with the approval of Republicans during the Trump Administration, for example. Without raising the debt limit, Yellen warned, we will face "catastrophic economic consequences".

Republicans in the Senate, however, are currently filibustering the bill that would solve both of those problems in one simple fell swoop, just because they can. They appear to want chaos, uncertainty and a potential meltdown of the global economy, even at the cost of a first-ever default on the good faith and credit of the U.S. government. How that destructive hostage taking ends before the imposing deadlines nobody currently seems to know.

The other two pieces of legislation that need to pass quickly comprise Joe Biden's progressive agenda, which he ran on, is wildly popular among the American people, and which Democrats can now enact into law without any Republican help. One is the $1.5 trillion bipartisan infrastructure package for stuff like roads and bridges. The other is the $3.5 trillion budget reconciliation bill known as the Build Back Better Act to expand health care, education, child care and take on climate change among a host of other critical stuff. The framework for the latter bill was approved by Democrats in both chambers on the basis that both bills would be passed together, appeasing both progressives and so-called "moderates". Together, the two bills make up the bulk of the Biden agenda which every Democrat in both chambers voted to support...at least until a small handful of "moderate" Dems in the House and two Dems in the Senate (Joe Manchin and Kyrsten Sinema), tried to break the deal recently and force a vote on the smaller bill while kicking the larger one down the road.

But a newly robust and emboldened Progressives Caucus in the House is having none of it, and has vowed to vote against the smaller bill if the larger one isn't passed along with it. The hold up on the larger one appears to largely be Manchin and Sinema who have been vague in their objections, other than to protest that $3.5 trillion is too much spend. That, despite the fact that Democrats and the President say the entire ten-year ($350 billion/year) bill is fully paid for by small tax increases on corporations and the wealthy. Biden describes the cost of the bill as "zero".

All of which has resulted in "a time of intensity" on Capitol Hill right now which we walk through today --- intensely --- even as Manchin refuses to come up with a number that he would accept, and as Sinema's vague objections are made somewhat clearer by a fund-raiser being held today for her by several business lobbies who oppose having their taxes raised (to a lower amount than they were before Trump), and as her position is now costing her dearly at the moment among both the Arizona state Democratic Party and Democratic voters across her state. Tune in. We'll explain all.

In less intense --- and actually encouraging --- progressive news OUTSIDE of D.C, the inflection point to electric vehicles may just about be here, if Ford's new announcement this week of a huge, $11 billion investment to build three battery factories and an electric truck plant (creating 11,000 jobs in the bargain) is any indication.

Finally, in a related-ish news, Desi Doyen joins us for our latest Green News Report, with even more encouraging news on electric vehicles coming out of Norway this week, along with much less encouraging news regarding the high cost of climate change, the GOP obstruction of aid to victims of Hurricane Ida, and new manslaughter charges against California's largest utility company, PG&E...

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IN TODAY'S RADIO REPORT: Hurricane Ida's destruction caused a record number of oil spills in the Gulf of Mexico; Today's children will face more climate disasters than their grandparents, new study warns; Senate GOP obstruction blocks disaster aid for hurricane victims; Biden EPA moves to cut powerful, climate-warming HFCs; PLUS: California utility PG&E faces new manslaughter felony charges in wildfire that killed four people... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Explosion at Louisiana chemical plant leaves 5 injured; Emerging Impact? Global Warming Effect on Fertility; SoCalGas agrees to pay up to $1.8 billion in settlement for 2015 Aliso Canyon gas leak; Ford Unveils Record $11B Bet On Sprawling EV Factories; PennEast Becomes The Latest To Scuttle A Natural Gas Pipeline Project; 21 States Urge EPA To Toughen Vehicle Emissions Rewrite; Iceland Turns On The World's Biggest Machine To Pull Carbon Out Of The Air; Former Fox News Host Sues Facebook Over Climate Fact Checks... PLUS: Race To The Bottom: Disastrous Blindfolded Rush To Mine The Deep Sea... and much, MUCH more! ...