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...

The organized labor movement, for the first time in my adult-ish/politically-aware life, is actually on the rise in recent post-pandemic years. Or so it seems. We've got a longtime labor historian on today's BradCast who seems to confirm that point.

First, very quickly at the top of today's show, a few news headlines...

• Texas' cartoonishly corrupt Republican state Attorney General, Ken Paxton, was acquitted over the weekend by the GOP-dominated state Senate which held a trial on 16 articles of impeachment sent to them by the GOP-dominated state House. Hopefully, a criminal reckoning still lies ahead for the degenerate Paxton.
• Five Americans detained for years by Iran were released today as part of deal in which President Biden agreed to unlock some $6 billion in frozen Iranian oil assets. Their families are overjoyed. Republicans are pretending to be furious.
• Wisconsin Republican election deniers in the state Senate, late last week, attempted to oust the Republican-appointed director of state elections just a few months before ballots must be formalized for next year's Presidential primary election in the critical battleground state. The dispute will likely make its way to the new liberal majority on the state's high court.
• U.S. House Republicans are still battling amongst themselves to even come up with an agreement for a short-term extension to keep the Government open after the end of this month.
• And, of course, the fallout continues from House Speaker Kevin McCarthy's seemingly failed attempt to assuage the far-far right of his Congressional caucus by announcing, last week, an evidence-free impeachment inquiry of Joe Biden.

After dispatching with that news quickly, we spent the bulk of today's show focusing on what my guest describes as a very "exciting" moment for the U.S. labor movement, the first such moment, really, in decades.

On Friday, the United Auto Workers (UAW) called a strike, for the first time in history, at all three major automakers --- GM, Ford and Stellantis (the company formed by the recent merger of Fiat Chrysler with a French automaker) --- at the same time. Workers are demanding major increases in pay to match record profits of the Big Three auto makers, their soaring compensation packages for CEOs and to keep up with inflation.

The union seeks pay raises for workers of upwards of 40% to match what they claim the CEOs have enjoyed since the last contract negotiations in 2019. The CEOs either deny they've received that much of an increase in pay, believe they deserve it more than the workers do, and/or that their companies would go broke if those actually responsible for their record profits were similarly compensated. That, as the companies are transitioning to Electric Vehicle technology and new plants to make batteries for them, even as inflation has outpaced pay increases in recent years. Until the 2008 financial crisis, the workers contracts included cost-of-living increases.

All of this comes at a time when film and television writers and actors are also on strike, similarly seeking long-overdue raises and improved benefits packages, and as younger employees at fast food restaurants and huge companies like Amazon are also unionizing and striking to improve their working conditions following the worst of the pandemic years.

We're joined today by longtime labor historian and progressive author NELSON LICHTENSTEIN, Distinguished Professor at the University of California Santa Barbara, where he directs the Center for the Study of Work, Labor, and Democracy. He is also the author of at least 16 books, including his latest, with Judith Stein, A Fabulous Failure: The Clinton Presidency and the Transformation of American Capitalism.

While Lichtenstein confirms that this is indeed an "exciting" time for the modern American labor movement for the first time in decades, and one of many similar "waves" that labor has seen over the past century, it is still "a pale reflection of what used to happen on a routine basis, up through the end of about the 1970s. There were ten times more strikes each year, twenty times, from the late 1930s on through the late '70s."

Still, he tells me, "there's a certain excitement here, because the unions have been in the doldrums [and] management has been in the driver's seat." in recent years, "and there is clearly a sense of militancy and excitement, and also new workers" participating in the movement.

We discuss, among many other things today with the very colorful professor...

• The specific demands of the auto workers, the soaring profits of the companies and the compensation for the Big Three CEOs --- along with their various lies about whether meeting worker demands would put the companies "out of business," as Ford CEO Jim Farley claimed last week.
• How President Biden is supporting the workers, responding to this critical moment and what what it will --- or could --- mean for his reelection chances next year, after years of aggrieved workers in the midwest turned against a Democratic Party which failed to have their back in recent decades. ("Biden wants to reindustrialize the Midwest and the mid-South," says Lichtenstein today. "This is where Trumpism has gained purchase. He thinks, I think correctly, at least in the long run, that if you have a more vibrant economy for ordinary workers, they won't be looking for rightwing authoritarian solutions.")
• How Presidents --- from Reagan to Clinton to Obama to Trump to Biden --- have an effect on the rise, or fall, of labor movements.
• Why support for unions is now at or above historic highs in the U.S. and how such moments in history have worked out in the past. For example, do workers end up winning these fights along with these surges in organized labor? Or do they shrink in response to public opprobrium if strikes continue over long periods. ("Traditionally, long strikes are losing strikes" he tells me. "But there are sometimes exceptions to the rule. I think in this case there's public support out there, a thirst for successful union negotiations, strikes, etc.," and, he adds, "winning begets winning.")

All of that and much more in a fascinating conversation with Lichtenstein on today's BradCast!...

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A decision by President Ronald Reagan to veto [PDF] an Act of Congress that would have codified the FCC's Fairness Doctrine into law, rather than just FCC regulation, coupled with the failure of both the FCC and Congress to expand the Doctrine to apply not only to over-the-air broadcasting, but also to ubiquitous cable television networks like Fox "News", gave birth to today's mendacious right-wing media echo chamber.

The rationale offered by Reagan in his veto at the time, and by the Commissioners he appointed to the FCC when it repealed [PDF] the Fairness Doctrine in 1987, was that the Doctrine had a "chilling effect" on broadcasters' willingness to cover controversial topics. The U.S. Supreme Court, however, in Red Lion Broadcasting v. FCC (1969), brushed aside that same argument as speculative.

"It is the purpose of the First Amendment to preserve an uninhibited market-place of ideas in which truth will ultimately prevail," JFK-appointee Justice Byron White wrote on behalf of the unanimous Supreme Court in the Red Lion opinion. "Speech concerning public affairs," he added, "is more than self-expression; it is the essence of self-government."

That observation aligns with the words of James Madison, who introduced the First Amendment at the Constitutional Convention in 1787. "Knowledge will forever govern ignorance," Madison proffered; "and a People who mean to be their own Governors must arm themselves with the power that knowledge gives."

Because the "goal" of the First Amendment is to produce "an informed public capable of conducting its own affairs," the Court, in Red Lion, ruled that it's the First Amendment "right of the viewers and listeners, not the right of the broadcasters, that is paramount."

The Supreme Court has never recognized a First Amendment right of a broadcaster to lie to the public, let alone a broadcaster's right to erect a pervasive, yet entirely fictional alternative reality, like the one created when Fox "News" embraced and amplified the same "Big Lie" that led to the January 6 insurrection.

If the Doctrine had been retained and expanded to cable TV outlets, it might well have prevented the January 6 insurrection. An expanded Fairness Doctrine would also have the potential to fend off today's ominous threat to the very survival of democracy in these United States...

Accountability still matters. Even for apparent Presidential misdeeds from more than 40 years ago, as discussed on today's BradCast. [Audio link to full show follows this summary.]

Last week, New York Times' Peter Baker had quite a scoop. Ben Barnes, an 85-year old, longtime Democratic operative from Texas, detailed his claim that he and former Democratic Texas Governor turned Republican Presidential candidate John Connally took a trip through Middle Eastern capitals in the summer of 1980 to help convince Iran to not release the 52 Americans being held hostage until after that year's election.

His claim was that Connally, eyeing a cabinet role in the Reagan Administration, was hoping to send the message to Iran that they would get a better deal with Reagan than with Carter. Barnes said the pair were debriefed upon returning stateside by Reagan campaign manager and, later, CIA Director, William Casey. The campaign was reportedly terrified that Carter would win the release of the hostages that year in what would become known as the "October Surprise".

Instead, the hostages were ultimately released within an hour after Reagan being sworn in in January of 1981.

Our guest today, RUSS BAKER, (no relation to the Times' Peter Baker), is a longtime investigative journalist, author and now Editor-in-Chief of WhoWhatWhy.org. He has personally known Barnes for years and tells us that he isn't buying his story in the Times, said to have been revealed now by Barnes because the 98-year old Carter, who recently began hospice care, deserves to know the truth about what really happened.

Baker has been investigating the claim for decades that Casey himself engineered the "traitorous" deal on behalf of the Reagan camp and finds that explanation far more plausible than the Barnes/Connally scheme. Baker wrote his own response to Peter Baker's exclusive in a detailed newsletter article over the weekend headlined "The Iran Hostages, Carter, Reagan, and Bush: What the NY Times ‘Scoop’ Missed."

But whether it happened as Barnes claims or in some other way, Russ Baker, author of the 2009 best seller, FAMILY OF SECRETS: The Bush Dynasty, America’s Invisible Government, and the Hidden History of the Last Fifty Years explains why all of this still matters 43 years later; how the corporate media has largely ignored what would have been an extraordinary scandal by the Reagan campaign, George Bush Sr.'s role in all of this, and how different the world would likely be today if not for Reagan's defeat --- by hook or by crook --- of Carter.

"If Reagan had not been elected, I think it's safe to say that George HW Bush would not have been elected President himself," Baker tells me. "Then we wouldn't have had the Gulf War. His son wouldn't have become President and we wouldn't have had the Iraq War. You might not even have had 9/11, frankly, because a lot of the anger that generated these activities that led to 9/11 [which] had to do with policies that were carried out by these presidencies. Maybe even more importantly, there are huge differences between Democratic and Republican Administrations around climate change. Think of what would have happened if Al Gore had been President. You can be pretty sure we would have had a very different policy years ago about climate change. So our very ability to continue to live on Earth may have been affected by all of these things."

"I don't think they would have changed the media ownership laws. I think there would have been a lot more regulation. I don't think you would have even had a Rupert Murdoch and a Fox News. I don't think you would have had the current composition of the Supreme Court and all of their rulings for business and the wealthy. I think campaign contributions would have been restricted, and that would have changed Congress itself," He continues. "So whatever you want to pick, I think it basically was a coup, by making sure Carter didn't get re-elected. And all of these regimes since then were extensions of that coup government. With some partial breaks, I would say --- people like Clinton and Obama, very very limited in their ability to do much. I think their hands were largely tied. So a very profound change to everything as a result of this October Surprise situation."

As to the corporate media's failure in all of this, it's not that they won't hold Presidents and candidates accountable, says Baker, as he lists a bunch of Democratic candidates and Presidents whose "scandals" have been covered in great detail by the media, "but they seem to go hard only on certain people, and not always for the right reasons."

There is much more to tune in for in today's conversation that it'd be impossible to summarize here.

Finally, we close with some news of the day, including the huge, deadly tornado that ravaged parts of rural Mississippi over the weekend, and the connection to climate change, as Desi Doyen joins to explain.

Also, we have the latest on today's mass shooting at a private Christian elementary school in Nashville, Tennessee, where three 9-year old and three adults were murdered by an assault weapon-wielding 28-year old woman. It was the 129th mass shooting of the year in the U.S., according to CNN and the Gun Violence Archive.

As the breaking news of the shooting was being broadcast live today on Fox "News", a woman whose family was victim to another recent school shooting in a different state happened to be visiting Nashville. She briefly took over the cameras to explain how tired she was of all of this. Fox, after breaking away and then returning to the woman several times, finally cut her off, with anchor John Roberts concurring that he and his colleagues are, in fact, also becoming tired of the carnage. But are they really? You certainly wouldn't know it from all the activism that Fox "News" does in favor of elected officials who continue to block any and all rational gun safety legislation.

We have a few words for Roberts and Fox in response at the end of today's program...

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Looks like Donald Trump was not "ARRESTED ON TUESDAY" as he lied (again) to his easily-duped followers over the weekend. But, just to put this up front on today's BradCast: We reject the notion that indicting the former President in relation to a hush-money payment made to help him win the 2016 Presidential election --- and the payments made while he was in the White House to cover it all up --- is a "minor crime" not worth indicting a former President for. [Audio link to full show follows this summary.]

That point is explained in much more detail on today's program, along with other related stories and important points, as the GOP begins to collapse in on itself...

• Given that no U.S. President has ever been indicted, nobody knows how (or if) this will work out, and what will happen after Manhattan District Attorney Alvin Bragg in New York (or Fani Willis in Georgia, or Special Counsel Jack Smith at the federal level), actually brings an indictment against Trump. That is, presuming one or more of them actually do, as we also discussed with callers on yesterday's program.

• A so-called "liberal" at Facebook was critical of our coverage yesterday, even if he doesn't appear to have either listened to it, or even read the item we posted along with it. His critique seems to be that, on this week's 20th Anniversary of George W. Bush's unlawful, accountability-free invasion of Iraq and the war crimes that followed it (as discussed yesterday as well), we shouldn't be wasting time discussing accountability for Donald Trump. He is wrong for a host of reasons...

• ...Several of which also happen to be discussed in Will Bunch's newsletter at Philly Inquirer today, headlined "U.S. presidents and their crime spree since 1968." Bunch concludes his piece with this on-point observation:
  So let me get this straight: We look the other way when our leaders oversee war crimes or greenlight torture or commit quasi-treason with foreign adversaries because the American presidency is too big to fail, but we're also going to ignore a cut-and-dried lower-level crime because it's too small? I'd argue that charging Trump with violating a law that applies to 333 million other Americans is a first baby step toward undoing 55 years of gross injustice, and it's long overdue. We need to rediscover that it's still illegal even when a president does it.

• Meanwhile, as GOP House Judiciary Committee Chair Jim Jordan (along with the Republican chairs of the Oversight and Administration Committees) is demanding NY D.A. Bragg come in to testify and turn over all documents from his criminal grand jury probe of Trump --- before any indictment has even been issued --- it seems worth noting that Congressional subpoenas are now optional. Jordan and House Speaker Kevin McCarthy and several other GOP members made that clear last year when they ignored similar requests from the House January 6 Committee and faced no accountability for their Contempt. Nonetheless, they are apparently hoping to weaponize the federal government at this point to prevent elected state law enforcement officials from doing their job of fighting crime.

• All of that, while Bragg is reportedly considering whether Trump will be forced to carry out the same "perp walk" that all other white collar criminals facing felony crimes in NYC must face, or whether a former President should be given special consideration for some reason.

• At the same time, in the wake of Trump exhorting supporters to "PROTEST, PROTEST, PROTEST!!!", very few seem to be answering his call so far. That may be because many of them reportedly believe it's all a trap by the Feds! (Marjorie Taylor Greene, however, believes there's no need to protest, because any indictment of Trump only assures he will be re-elected in 2024. Maybe. Though it begs the question as to how other Republicans, like Jordan and Trump himself, can claim that indictments are only being brought to hurt his chances in 2024.)

• And while all of those rightwingers collapse in on themselves, Fox "News" appears to be doing the same thing. A producer named in Dominion Voting Systems' $1.6 billion defamation suit against the Republican propaganda outlet is now suing Fox, claiming misogyny by Tucker Carlson and his staff and that she and Maria Bartiromo are being sacrificed by the company for their false reporting on fraud in the 2020 Presidential election. She is also charging she was coerced by Fox attorneys into offering misleading testimony in the Dominion lawsuit. As Media Matters' Angelo Carusone told us on this show several weeks ago regarding the damage that Dominion's suit may due to Fox: "It's sort of like a Jenga puzzle. Pulling one block is not going topple it down, but its certainly gonna make it a lot more vulnerable to toppling. The tiniest little breeze will probably knock the rest of it over." --- Well, it's getting pretty windy at Fox "News" these days.

• Finally, Desi Doyen joins us for our latest Green News Report, including news on the 12th(!) major winter storm now slamming California this season; unprecedented heat records smashed in Argentina; and the latest warning from the U.N. that the window for avoiding catastrophic, irreversible damage to the climate is almost closed, requiring an unprecedented worldwide effort to radically cut fossil fuel emissions before the end of this decade...

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On today's BradCast: The story of why Americans are still paying the health care price (in both blood and treasure) in 2022 for "free market champion" Ronald Reagan's 1987 Executive Order that gave away the tax-payer store to Big Pharma. Plus, a bunch of other somewhat happier stories. [Audio link to full story is posted below this summary.]

First up today, an update in the still-broadening criminal conspiracy probe by Fulton County District Attorney Fani Willis into Donald Trump's many faceted and failed efforts to steal the 2020 Presidential election in Georgia. With 17 known "targets" in the probe so far, including Rudy Giuliani and 16 fake Trump electors, the prosecutor tells Washington Post in an exclusive interview that there will be more "targets" announced soon and that she believes some are likely "facing prison sentences." She has yet to decide if the former President will be among them, though, with dozens of witnesses who have already been subpoenaed and testified to her Special Grand Jury in Atlanta, Willis says the Grand Jury should wrap up by year's end. A decision whether to call Trump in to testify --- or declare him a target --- is likely "to be made late this fall," she says.

Next, now that far-right retired Brigadier General and dyed-in-the-wool conspiracy theorist Don Bolduc won the GOP nomination in New Hampshire this week to challenge incumbent Democratic U.S. Senator Maggie Hassan this November, he's...um...re-evaluating some of his previous positions. During a primary debate with fellow GOP candidates before the primary, he proudly denied Joe Biden's victory in the 2020 election. "I signed a letter with 120 other Generals and Admirals saying that Trump won the election and, dammit, I stand by my words!," Bolduc bravely declared to cheers from Party faithful. When asked about his position this week on Fox "News," however, after winning the GOP nomination, Bolduc hemmed and hawed his newly discovered belief after "a lot of research on this", finding the 2020 "election was not stolen" and that "President Biden is the legitimate President of this country." Granite Staters will undoubtedly fall for his pretend new "moderate" line, right?

Then, newly reformulated COVID vaccine booster shots from both Pfizer and Moderna, designed to combat both the classic coronavirus and several newer Omicron variants, are now available to the general public in the U.S. The White House and CDC are recommending Americans get the new shot by Halloween to lessen the chance of infection --- or killing your grandmother --- over Thanksgiving and Christmas holidays when a new surge is expected. (They also recommend getting a flu shot at the same time.)

But why are new COVID vaccines even necessary more than two years into the pandemic? One reason is thanks to the fact that, despite tens of billions of tax-payer dollars given by the federal government to private companies for the development of the life-saving vaccines, the private pharmaceutical giants who make them refuse to give up their patent and intellectual property rights to make the vaccines available to the world. That means new variants continue to emerge, leading to more infections and the need for updated vaccines and, yes, more profit for Big Pharma. It's a pretty nice deal...for them.

So, how did we get here? We're joined today by ERNEST A. CANNING, longtime legal analyst at The BRAD BLOG, who recently took a deep dive into a 1987 Executive Order by Ronald Reagan that gifted patents and profits that go with them to huge, for-profit pharmaceutical companies that used tax-payer dollars to develop their inventions. That, from the Republican idol who, ironically, once declared: "We who live in free market societies believe that growth, prosperity and ultimately human fulfillment, are created from the bottom up, not the government down."

The pharmaceutical industry may disagree, even if they won't say so out-loud. "No matter how big a company and how much money was poured in by federal government for research and development, the patent would belong to the giant company," Canning explains. "We've been paying, just in general research, about $28 billion in pharmaceutical R&D every year." Given the "value of those patents," he notes, "we're talking trillions of dollars in a gift, not just tens of billions."

He also explains how all of this came about (beginning with Jimmy Carter) and why its now so difficult for Joe Biden to merely repeal Reagan's Executive Order in regard to the COVID vaccines.

But Canning also offers some brighter news related to patent abuse by Big Pharma, which he also recently wrote about at The BRAD BLOG. In a landmark initiative, the state of California is now fighting back. Democratic Governor Gavin Newsom recently announced the state will begin manufacturing insulin and will make the hundred-year old drug available for just slightly more than it costs to produce. Canning explains why that has become necessary as Big Pharma takes advantage of loopholes in Intellectual Property laws to bilk diabetics with outrageous prices for the inexpensive, life-saving medicine.

Finally, a private company that is --- shockingly enough --- apparently doing the right thing for the country and the world. (What?!) The family that owns outdoor gear brand Patagonia, headed up by its 83-year old founder, announced this week that they will be "making Earth our only shareholder". While the company will remain a for-profit entity, currently valued at around $3 billion, it will now begin giving away all profits --- about $100 million a year --- to two newly created entities, a trust and a non-profit, both devoted to combating our climate crisis.

(Any chance we can coax Patagonia into the pharmaceutical business while we're at it?!)

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We should be both relieved and outraged!

Relieved that, earlier this month, the Center for Disease Control (CDC) and Food & Drug Administration (FDA) approved a new round of booster shots specifically re-designed to address new variants of the deadly COVID virus.

Outraged because, despite the expenditure of tens of billions of U.S. taxpayer dollars on research and development (R&D), the pharmaceutical industry's refusal to waive its "gifted" patent rights prevented a global rollout of the COVID vaccines. In turn, that refusal resulted in the need for the new booster shots.

Outraged because the industry's refusal to waive their patent rights has produced "excess mortality" with COVID that, as of the beginning of this month, has killed at least 6.5 million people worldwide, with no end in sight.

Outraged because this will, in all likelihood, not be the last newly reconstituted booster shot needed. It is the considered opinion of two thirds of the world's epidemiologists that the failure to provide global vaccinations will give rise to mutations that "could render current COVID vaccines ineffective."

And, yes, the patent rights were, indeed, a gift --- from the United States to the Pharmaceutical Industry...

We've got a very busy and eclectic BradCast for you today. For good or ill. You'll decide. [Audio link to full show follows this summary.]

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

• Another mass shooting today, this time in a crowded subway train in Brooklyn. At least 10 were shot and 17 injured. Reportedly, however, even with 5 victims said to be in critical condition, authorities say none of the injuries are life-threatening. The gunman, wearing a gasmask and releasing smoke bombs to add to the nightmarish chaos, appears to have used a semi-automatic handgun with several large magazines and was only stopped, after at least 33 shots, when one of the cartridges is believed to have jammed. The suspect was still on the run as of airtime.

• Also in New York, recently-minted Democratic Lt. Gov. Brian Benjamin was arrested and indicted on several federal felony charges related to bribery, fraud and falsification of records on Tuesday, in an alleged scheme during his time as a state Senator involving campaign payoffs from a real estate developer (who was previously arrested, but is not Donald Trump). Among the records Benjamin is said to have falsified are the vetting documents used by Gov. Kathy Hochul when selecting him for the job of Lt. Gov. after she ascended from that job in the wake of the resignation of the previous Democratic Governor, the scandal-plagued Andrew Cuomo. Benjamin resigned late today. But getting him off the June primary ballot, where he was set to run for election against two other Democrats, is a different matter.

• You may have heard today via screaming headlines that new data from the Bureau of Labor Statistics on finds inflation in March was at 8.5% over the past year. It is the highest rate since December of 1981 when that failed, one-term President Ronald Reagan was in the final month of his first year in office. There's probably a bunch of other stuff you haven't heard today beyond the screaming "Inflation hits 40-year high!" headlines from our corporate media. We help you understand some of that stuff.

• President Joe Biden's recent action to release a million barrels of oil a day, for the next six months from the nation's Strategic Petroleum Reserve immediately helped to lower gas prices at the pump. They've been falling pretty much every day since that unprecedented move, though they remain high thanks to Russia's war in Ukraine and the oil industry's continued profiteering. Today, in a bid to further lower gas prices, Biden announced a plan to waive the ban on summer use of E15 gasoline, which contains a 15% ethanol blend. Desi Doyen helps us make sense of that news and why it is both good and bad.

• Last week, following a months-long investigation, Arizona's very MAGA, vote-suppressing Attorney General Mark Brnovich, finally released a report [PDF] on his probe of allegations of fraud in Maricopa County (Phoenix)'s 2020 Presidential election. That probe was requested by the very MAGA state Senate after the exceedingly MAGA Cyber Ninjas failed to find any evidence of fraud in their own months-long so-called "audit" in the state's largest county, where Joe Biden won by some 45,000 votes, delivering the state to a Democrat for the first time in decades.

  As it turns out, Brnovich failed to uncover any evidence of fraud or any other crimes, though he did pretend to find "serious vulnerabilities" in the County's elections procedures. But those "serious vulnerabilities", according to the Chair of the County's Republican Board of Supervisors, the County's Republican Controller (its chief election official, who won his position during the same 2020 election), the County's former Democratic Controller (who lost that year), and the state's Democratic Sec. of State are all calling out Brnovich for a BS report that fails to find any evidence of any problems in the election at all, even while using words that help Fox "News" and the losing former President and all his MAGA friends pretend that he did. (Brnovich is in a contested primary race for the GOP U.S. Senate nomination, after all.)

  We let you know what Brnovich actually found (and didn't), even if none of it prevented the MAGA state Senate President who helped kick off all this madness from from claiming the report finds "fraud" (it doesn't) or one of the most rightwing MAGA state Senators from taking to her Twitter account in response to the report to call it "flaccid" and to insist that "WE WANT ARRESTS NOW." --- For what exactly? That part remains unclear. It may take a few more months or years and more millions of dollars of tax-payer money spent by "conservatives" in the state to get to the bottom of it.

• Finally, Desi Doyen brings our latest Green News Report with some troubling new news on methane and climate change, as well as microplastics now being found in human blood and lungs. But she's got some better news on new mileage standards from Biden's Dept. of Transportation and on the electrification of tens of thousands of government vehicles and school buses in Los Angeles and Boston...

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Even if it withstands Los Angeles County's appeal to the 9th Circuit, the well intended decision, handed down last month by veteran U.S. District Court Judge David O. Carter in a federal lawsuit filed by the LA Alliance for Human Rights, will, at best, ameliorate but not eliminate the nightmare of homelessness at the heart of a place that dares to call itself the City of Angels.

In support of legal grounds for federal court intervention, such as the Equal Protection Clause of the 14th Amendment, Judge Carter laid out, in compelling detail, the link between LA's deadly "crisis of homelessness" and "entrenched structural racism". The validity of that link was underscored by the fact that African-Americans account for only 8% of the general population in the County; yet they account for 42% of the now more than 66,000 unhoused residents.

Judge Carter's lengthy, 110-page decision contains a deep dive into a sordid history of systemic racism in Southern California and its disparate impact on people of color. This, in the Court's view, has given rise to what California Governor Gavin Newson, in his Feb. 19, 2020 State of the State Address, referred to as "the wrenching reality of families, children and seniors living unfed on a concrete bed." The Court condemned the City and County's deliberate decisions to perpetuate unspeakable squalor by attempting to physically contain it within a 50-square-block downtown Skid Row and by policing policies that criminalize homelessness.

The Court described the mishandling of funds intended to provide shelter as the product of "corruption" and "deliberate indifference" towards the unhoused, who suffer from rampant crime, drug addiction, mental illness and deaths caused by all manner of disease. In 2016, for example, LA voters passed a $1.2 billion bond measure that was supposed to create up to 10,000 homes. Over the ensuing four-years, the City erected only 489 housing units (apartments) at a median cost of $531,000 per unit --- units that have been disproportionately occupied by the unhoused who are white.

To rectify this, the Court, by way of a preliminary injunction, ordered an audit of all relief funds and the placement of $1 billion from Mayor Eric Garcetti's "Justice Budget" into an Escrow Account. Judge Carter appointed a Special Master to assist with the implementation of the Court's directives. Despite protestations that they lacked the necessary funds and an objective reality that one can't expect to extract blood from a stone, the Court also ordered the City and County to provide shelter to all unhoused residents within 180 days. (The preliminary injunction will not take effect prior to June 15 by reason of a temporary 9th Circuit administrative stay).

As we observed in 2019, the source of LA's homeless crisis lies not only in a legacy of systemic racism, but also in extreme inequality, which is tied to neoliberal capitalism. This entails a radical form of market fundamentalism, which has been at the center of U.S. economic policies since the Reagan administration.

LA's homelessness crisis will not end absent the federal government's adoption of what former U.S. Labor Secretary Robert Reich has described as "Bidenomics"...

Last month on The BradCast, after Joe Biden signed his $1.9 trillion American Rescue Plan with emergency COVID relief and stimulus for the poor and middle class, we suggested that passage of that bill would likely be seen in history as the beginning of the end of the Reagan Era. Now, it appears, we're hardly the only ones. [Audio link to full show is posted below.]

Since that wildly popular landmark measure was adopted (without a single Republican vote), Biden has proposed a $2.25 trillion infrastructure package called the American Jobs Plan. And, on Wednesday night, he officially introduced his $1.8 trillion American Families Plan proposal for perhaps the nation's largest-ever investment in human infrastructure, including free access to pre-school, two years of community college, subsidies for child care, paid family leave, expanded health care subsidies and child tax credits and much more.

With Reaganesque optimism during his first address to a joint session of Congress, citing a statistic published in a report by one of our guests earlier this year (Chuck Collins of the Institute for Policy Studies) finding that just 650 billionaires in America saw their own net worth increase by a trillion dollars as 20 million Americans lost jobs during the pandemic, the President pounded what could become a final nail in the Reagan Era coffin, declaring: "My fellow Americans, trickle down economics has never worked and it's time to grow the economy from the bottom and the middle out."

We're joined today, on Biden's 100th day as President, by HEATHER DIGBY PARTON of Salon and Hullabaloo, and by 'DRIFTGLASS' of the The Professional Left Podcast, for analysis of his stunningly-well received remarks (even by Republicans) on Wednesday night and his pitch for an extraordinarily bold and long-overdue government investment in the American people.

Says Digby, on how we arrived at this moment: "We've just been reminded that we need government, because look what happened. We had this pandemic and having the freak show that had been sort of entertaining like a horror show for the last four years, it suddenly became pretty clear what the problem was with that. Because when you really need government, it wasn't there. They were completely out to lunch. For a lot of people in this country, they're out their floundering under this trickle-down, rugged individualism. This is what it's like when you're left completely on your own."

Says Driftglass, mocking GOP rhetoric of the past forty years: "If you're not rich, it's your own fault, and the only thing standing in the way of being the best you is this evil government. [But] suddenly, a whole bunch of people absolutely have to have assistance from the government or their going to die, or go broke, or they're going to go out of business.  And the only thing Republicans had to offer was a sneer...So, there's this literally once-in-a-hundred years crisis, where the actual effect of good government is so visible, right now, that you can now make the case credibly that there are other large problems that we have ignored and disinvested in for decades that we need to fix."

Even for longtime, cynical, old-school progressive bloggers like us --- none of whom had supported Biden during last year's primaries --- we are all pleasantly taken aback at his remarkably ambitious plans and expansive proposed agenda. We discuss, dissect and debate all of that, how it should or shouldn't be "paid for", and whether any of it can possibly be adopted into law with the exceedingly narrow majorities Democrats currently hold in Congress on today's special coverage edition of The BradCast...

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On Thursday night, on the one-year anniversary of the World Health Organization declaring the coronavirus to be a pandemic, on Joe Biden's 50th day in office, on the day he signed what we have argued on The BradCast may go down as the most progressive, equitable relief, stimulus and investment package perhaps in U.S. history, the new President delivered his first prime time address to the American people. [Audio link to full show follows summary.]

In addition to spending a (surprisingly) few minutes touting the many benefits to all Americans in his $1.9 trillion "American Rescue Plan" (ARP), Biden offered a cautiously optimistic vow that there will be enough vaccine for all Americans to sign up for a shot by May 1. Moreover, he continued, by July 4th the nation which has seen nearly 550,000 deaths over the past year, may even be able to hold small family and neighborhood gatherings to celebrate Independence Day.

"After this long hard year," said Biden, following his trademark empathy for all this nation has gone through over the past year, before offering caveats about the need to continue mask wearing for now and get vaccine shots as soon as possible, "that will make this Independence Day something truly special, where we not only mark our independence as a nation but we begin to mark our independence from this virus."

I argued on yesterday's program that Biden's ARP --- passed by Democrats in Congress with the help of ZERO Republicans --- may eventually come to be seen in history as the long-overdue end to the four-decade old Reagan Era. Today, I share some responses to my argument, including from folks who both agree and disagree.

Then we're joined to discuss all of the above by the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo. It's our first conversation with her in years that isn't dominated by...that previous guy who lived in the White House. In fact, today's conversation is almost entirely about Biden and the Democrats (and, for good measure, some of the folks in rightwing media who appear to have no clue how to respond to all of this.) Both Parton and I --- neither of whom supported Biden during the primary or saw him as the best candidate for the moment to take on...that other guy --- find ourselves in the uncomfortable position, at least for now, of being impressed by the achievements, to date, of both Biden and the Democrats.

And while I was citing Reagan in my argument this week, Digby actually went so far in her coverage today at Salon to raise the specter of Franklin Roosevelt, arguing that Biden "could end up being the most transformative president since FDR."

So, what the hell is actually going on here?! Tune in and find out! "We really live in interesting times," quips Parton. "Maybe too interesting, to be honest."

"I knew he'd be good for healing the country, which is highly important," she tells me. "You can't possibly denigrate the idea that we needed somebody who could speak to the horrifying loss and pain that the country has gone through. We knew he'd be good at that. But this other side --- this putting in a policy agenda that would take us into this more progressive direction? I didn't expect it. I'm happily surprised by it and hopeful he's going to go forward."

Finally, after that very lively discussion, we close today with a pretty hilarious (and on point, given today's conversation) segment from The Daily Show's "Remotely Educational" special this week, called "How Business Works". Enjoy!...

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If nothing else, the thing to remember from today's BradCast is that not one single Republican in either the House or Senate voted for Joe Biden and the Democrats' remarkably robust, progressive and equitably written American Rescue Plan, the $1.9 trillion COVID rescue and relief package that history may someday regard as the long-overdue end of the four-decade old Reagan Era.

The President signed the sweeping bill on Thursday, which our friend David Dayen at The American Prospect described today as "maybe the largest pure economic uplift bill in U.S. history." GOPers may come to rue the day they didn't vote for it. Especially in 2022 when some of the key provisions --- like lowered health care premiums and monthly checks amounting to up to $3,600 per child, per year --- will expire unless those provisions are made permanent.

We discuss today a number of the less reported pieces built into the ARP, most of which --- unlike previous stimulus and rescue plans over the past several decades --- are crafted to benefit the poor and working class, and actually help lift many of them out of poverty. That is, by contrast, with the Trump/Republican 2017 tax cuts which also cost about $2 trillion, but overwhelmingly benefited corporations and the already wealthy.

All Republicans in both house of Congress voted against a nearly $2 trillion measure meant to largely help the middle class and the poor. Yet all Republicans in both houses of Congress voted in favor of the nearly $2 trillion measure to help the rich and corporations, which were already enjoying record profits at the time. Got it? Please keep that in mind --- and share it with your friends, family, neighbors and co-workers, in case they are lied to about all of this --- when 2022 rolls around.

This bill marks a fundamental progressive change in the way our federal government has been doing business for the past four decades since the so-called Reagan Revolution. And it comes not a moment too soon, as we discuss today.

Today also marks the one year anniversary since the World Health Organization declared the coronavirus to be an official pandemic, when I stated on the program (to the surprise of, at least, Desi Doyen) that America was "shutting down". We share a clip of that somewhat breathtaking historical moment today.

More than 2.5 million have since died around the world, but the U.S., under Donald Trump's horrifically failed leadership, saw more deaths than any other country, with more than half a million lost here and still counting. That, even as we represent only about 5 percent of the world's population.

It is also the 10th anniversary of the earthquake, tsunami and nuclear disaster that struck Japan in 2011. We remember that still-ongoing disaster as well today, and the nearly 16,000 lives that were lost that fateful day.

In somewhat brighter news...As Republican state lawmakers around the country are moving hundreds of bills in more than 40 states to try and disenfranchise voters in a way not seen since the end of Reconstruction, according to a new analysis by Washington Post, it may be Donald Trump's attempted election fraud that could be the biggest news in coming weeks. It appears he may be in even more trouble than it previously appeared in the state of in Georgia!

A new recording of his phone call to the top Georgia state election investigator, made during a post-election audit in Cobb County prior to Christmas last year, was released Wednesday night by the Wall Street Journal. We share the full, gob-smacking conversation, in which our then President is heard buttering up the investigator and telling her, among other things, that "when the right answer comes out, you'll be praised."

The newly released 6-minute recording with the Georgia Secretary of State's chief investigator Frances Watson, can't really be heard in any other way than Trump hoping to encourage her into finding "fraud" where none existed. The recording is now undoubtedly part of the growing body of evidence being examined by Fulton County, Georgia's District Attorney, Fani Willis. The Democratic prosecutor is investigating "the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election's administration" after the 2020 Presidential election in the Peach State.

Willis has reportedly hired a racketeering and conspiracy expert for her grand jury probe, which could ultimately rope in Trump, his former Chief of Staff Mark Meadows, his attorney Rudy Giuliani and even Sen. Lindsey Graham, who are all known to have tried to encourage state officials to change the results of Georgia's 2020 Presidential election after Trump lost. That alone is a state felony punishable by a year in jail. With added charges for racketeering and conspiracy, those convicted under those state felony statutes could face 20 years in jail!

Finally, Desi Doyen joins us for our latest Green News Report, with more on the 10-year anniversary of the still-ongoing disaster at the Fukushima Daichii nuclear plant and several much brighter and more hopeful pieces of news...

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It's NICOLE SANDLER, filling in for Brad & Desi, guest hosting today's BradCast once more so they can enjoy a long Labor Day weekend. [Audio link to show is below.]

Our main guest today is author and historian RICK PERLSTEIN who’s just released his fourth and final book in a series on the origins of the modern "conservative" movement in the US, Reaganland: America's Right Turn 1976-1980. It's fascinating to hear the history of the American Right from Perlstein, a true progressive.

I also spoke with ANDREA VALDEZ today. She's Editor-in-Chief of a new non-partisan, non-profit news organization, run by and skewing towards women. It's called The 19th, in honor of the 19th Amendment, which codified women's right to vote, adopted 100 years ago last month.

As usual, we began with a look at the latest news. And today, it's a bombshell dropped last night by The Atlantic magazine. It's a story detailing Donald Trump's horrifically disparaging remarks about the military headlined "Trump: Americans Who Died in War Are 'Losers' and 'Suckers'". Maybe this will open some eyes to who our President really is...

Download MP3 or listen online below...

The day began with a middle of the night earthquake here in Los Angeles. It was the least turbulent part of the day. We open with some grim news on today's BradCast before moving on to some shockingly encouraging news out of....wait for it....Congress of all places! [Audio link to full show is posted at end of summary.]

First up today, former Republican Presidential candidate Herman Cain succumbed to the coronavirus. As co-chair of Black Voices for Trump, the 74-year old Cain attended Donald Trump's controversial mask-free rally in Tulsa on June 20. By July 2nd he was hospitalized with COVID-19 and now dead a month later. He wasn't the only high profile Republican to pass away from the coronavirus today. Bill Montgomery also died. He was the 80-year old co-founder of the rightwing "student group" (yes, a GOP student group founded by an 80-year old!) called Turning Point USA. The organization hosted Trump's second, similarly mask-free rally after Tulsa in Phoenix. Despite claims by both Cain and Montgomery's group that hydroxychloroquine was "100% effective" in treating coronavirus, turns out, as the FDA has emphasized, it isn't.

Civil rights icon Rep. John Lewis was finally laid to rest on Thursday in Atlanta, where he was eulogized by three former Presidents. Trump did not attend after also failing to pay his respects while Lewis lay in state at the U.S. Capitol earlier this week. President Obama, however, offered stirring remarks in memoriam, calling for the expansion of voting rights which Lewis spent a lifetime --- and no small amount of blood --- fighting for.

The former President's remarks came shortly after our current President feebly suggested on Twitter that the November election should be delayed "until people can properly, securely and safely vote," charging that "2020 will be the most INACCURATE & FRAUDULENT Election in history" due to the use of mail-in ballots needed to counteract the dangers of in-person voting during the pandemic that Trump utterly failed to control. That controversial call for delaying the election --- immediately and universally rejected by Republicans and Democrats alike --- was largely to a) further propagandize Trump's supporters into believing the November election results will be illegitimate and, more immediately, b) distract from the horrific economy news released by the federal government just minutes before Trump's tweet.

The news he was hoping to distract from: The U.S. economy plunged a staggering, unprecedented, annualized 32.9% in the second quarter of this year. By way of comparison, it took three years before the economy fell 30% during the Great Depression. This has happened in months, as another 1.4 million workers filed for new unemployment claims last week. It was the 19th week in a row of record-shattering 1 million plus applicants, leaving some 30 million Americans now jobless, as Republicans in Congress have failed to extend the expanded unemployment payments from he CARES Act. Those benefits have expired as of this week, and neither Congressional Republicans nor the White House appear to have an acceptable plan to replace them. House Democrats passed their own $3 trillion HEROES Act several months ago to continue those payments and much more critical relief to workers, states and cities, hospitals, homeowners, the U.S. Post Office and many others through the end of the year. Republicans appear to be in stultifying disarray.

But there is some good news today and, believe it or not, it comes out of Congress! The U.S. House Antitrust Subcommittee on Wednesday held a five-hour hearing on Big Tech monopolies, featuring the CEOs of Amazon (Jeff Bezos), Apple (Tim Cook), Google (Sundar Pichai) and Facebook (Mark Zuckerberg) as witnesses. All of them were grilled by Democrats and, yes, even Republicans alike for years of runaway, anti-competitive business practices. Progressive Matt Stoller's coverage of the hearing at The Guardian was headlined "Congress forced Silicon Valley to answer for its misdeeds. It was a glorious sight." Our guest today, DAVID DAYEN, author, investigative financial journalist and Executive Editor of the progressive American Prospect, filed a piece with the exhuberant hed: "The Triumphant Return of Congress," following up his 175-tweet live thread from his Wednesday coverage.

Dayen tells me today that it was "probably the most consequential hearing on corporate power in decades," where one CEO after another was called on the carpet to answer for years of crushing, anti-competitive practices in their sectors. He reports that the "members of that subcommittee," headed up by Democratic Chair David Cicilline of Rhode Island, "knew exactly what they wanted to talk about. They knew who they wanted to target. This is the culmination of a year-long investigation and these members had an incredible amount of knowledge about the harms that these four large corporations have been causing through the exertion of their power."

"They really extracted confessions from Bezos and Zuckerberg and others about the practices they engage in which really are illegal," he says. The hearing couldn't have been better timed for Dayen, coming just a week or so after the publication of his new book Monoplized: Life in the Age of Corporate Power documenting the breathtaking reach of unchecked corporate mergers and consolidation over the past four decades. He explains on today's show, as he does in the book, how century old anti-trust laws were turned on their head during the Reagan Administration, when a theory promoting the idea that monopolies are actually good for consumers was advanced by one Robert Bork. The theory would eventually prove untrue by its own standards. It was not good for consumers and, Dayen describes, failed to take into account the damage that anti-competitive practices actually wrought on small business, employees and the supply chain itself --- leading directly to some of the dangerous consequences and ridiculous shortages we've seen during the COVID crisis in everything from toilet paper to critical medical supplies and personal protective equipment.

"This hearing was a complete indictment of the Federal Trade Commission and the anti-trust division of the Justice Department, who had access to all this information that the subcommittee had. They had all of these documents. They had all of the ability to conduct an investigation. In fact, it's their job to do so," Dayen observes. "They did not do that, and waved through merger after merger after merger, and the people who had that authority, under Democratic administrations and Republican administrations, who were responsible for this failure should not be listened to again, and they should not hold power again."

Dayen is hopeful that Wednesday's hearing may actually spur action --- grant permission, if you will --- to the FTC and DOJ to start upholding those unenforced anti-trust and anti-monopoly laws and regulations that remain on the books. "The only way that gets done is that the momentum from this hearing is built, where a popular movement to understand and work against the power of monopolies is what is going to carry us forward. It has in the past. That's how we got these laws in the first place, because people demanded the political system respond, and it's how we're going to get them now."

I should note here that I make a personal cameo appearance in Dayen's new book (beginning on page 85, if you must know) discussing my own personal experience with the anti-competitive monopoly practices in the media industry, and how the unchecked "sale" of our public airwaves to a handful of mega-media corporations has led directly to all of the various disasters --- political, economic, societal and, yes, medical --- that are now rending apart our very republic.

Dayen, whose indispensable daily "Unsanitized" column at The American Prospect chronicles the continuing eroding state of our national battle with the global coronavirus pandemic and its ever-worsening toll on our economy, closes by bringing us up to date on the disastrous Republican effort to craft a new emergency relief bill in Congress, as expanded unemployment benefits expire and the U.S. Postal Service faces implosion just months away from the largest vote-by-mail election in the nation's history...

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In response to President Donald Trump having ordered a drone strike that killed a top Iranian general, the United States Senate on February 13 passed a resolution that would prevent him from engaging in further hostilities against Iran without first getting approval from Congress. The resolution had already passed the House by a vote of 224-194. It passed in the Senate by a vote of 55-45, with eight Republicans voting in favor.

Those Republicans include Mike Lee of Utah, Rand Paul of Kentucky, Susan Collins of Maine, Todd Young of Indiana, Jerry Moran of Kansas, Lamar Alexander of Tennessee, Bill Cassidy of Louisiana and Lisa Murkowski of Alaska.

President Trump is almost certain to veto the resolution. Both chambers lack the two-thirds majority necessary to override a Presidential veto. But the War Powers Act was written to be exempt from the possibility of a Presidential veto.

So, what's going on here? One of the most contentious fronts in the current power struggle between the Congress and the President involves the power to declare war. The Constitution makes clear that this power resides in Congress. Over time, this power has effectively shifted from the Congress to the President. Here's how that happened...