Constitutional Due Process plays a starring role in today's BradCast --- as it damned well should --- in several different stories of note. [Audio link to full show follows this summary.]

• Today, we revisit the ridiculous story about the one election from 2024 that is still unsettled. At least it was before Monday, when a federal district judge may have finally put an end to it. We'll see. This is the contest for a North Carolina Supreme Court seat, where incumbent Democratic Justice Allison Riggs' re-election was challenged by her opponent, Republican Judge Jefferson Griffin. At least two recounts found that he lost by 734 votes out of more than 5.5 million cast. Nonetheless, Griffin has been deploying a playbook clearly created for Donald Trump prior to last year's election, in demanding some 65,000 lawfully cast ballots be tossed out entirely --- though only in a few Dem-leaning counties, and only for his race. We unpack all the details again on today's show. But, long story short: The state Supreme Court (dominated 6 to 2 by Republicans, or 6 to 1 in this case, since Riggs recused herself) recently okayed the potentially disenfranchisement of thousands of NC voters to help out Griffin. But Riggs then took the matter to federal court, where U.S. District Court Judge Richard Myers --- a Trump-appointee --- on Monday said absolutely not. You may not change the rules of an election after an election and violate the Constitutional Due Process of voters in the bargain, according to his order [PDF]. This is, of course, very good news for Riggs, but also for democracy itself. Hopefully, it's finally over. We'll see if Griffin chooses to keep his six-months of idiocy and attempted vote suppression going on appeal. Myers has given him one week to decide.

• Trump said over the weekend that he just doesn't really know if the Due Process mandates of the Constitution are actually, ya know, mandatory. He was answering questions about his use of the Alien Enemies Act of 1798 to detain and deport alleged gang members from Venezuela to a gulag in El Salvador for a life sentence, without ever allowing them a day in court to make their case, or even contact with lawyers or family. But the AEA law may only be invoked in the first place against migrants from nations that have declared war on the U.S., or in the event of "invasion" or "incursion" directed by a foreign government. That is certainly not the case with Venezuela, though Trump argued otherwise in his invocation of the wartime law. Earlier this year, reporting from the New York Times and Washington Post revealed that the U.S. Intelligence Community (IC) found back in February that there was no evidence of Venezuela's President directing an invasion of the U.S. Trump made his proclamation to begin deportations in March anyway. At the time, the Admin claimed the reporting was wrong and the DoJ vowed extraordinary measures to track down the leakers. But, according to a redacted memo released on Monday under the Freedom of Information Act by the Office of the Director of National Intelligence, summarizing the IC's findings, the newspapers had it right and --- I hope you're sitting down --- it appears the Trump Administration was lying about all of this from the jump.

• In related news, yet another federal judge --- this time in the Southern District of New York --- has enjoined the Trump Administration from moving migrants detained under the Alien Enemies Act until they are given full Due Process. The ruling was not unlike one from a Trump-appointed federal judge in South Texas last week. In this case, U.S. District Judge Alvin Hellerstein, a Clinton appointee, found [PDF] that since the Administration has "not demonstrated the existence of a ‘war,’ ‘invasion’ or ‘predatory incursion,’ the AEA was not validly invoked by the Presidential Proclamation."

• Meanwhile, the fortunes of Trump buddy and richest man on earth, Elon Musk --- also, potentially, the world's most hated --- are really beginning to nose dive. Aside from users fleeing Twitter/X in droves this year in the wake of both his partnering with Trump and the Nazification of the social media site, the future of his Electric Vehicle company appears even bleaker. The stock price of Tesla is down some 40% since he DOGEd himself to Trump last December and subsequently outed himself as a far-right extremist. But sales of the company's cars in Europe have fallen even farther. According to new numbers out this week from both Germany and the UK, where, even as overall sales of cars is dropping, EV sales are booming --- at least for companies not owned by Musk --- Tesla sales continue to drive over a cliff. They are down 46% in Germany compared to last April, and a whopping 62% in Britain. Sad!

• Finally, Desi Doyen joins us for our latest Green News Report, as drastic cuts to the National Weather Service are now beginning to endanger public safety, according to its former leaders; Trump's DoJ is suing states to block climate laws and lawsuits; and the Administration plans to shrink National Parks in the U.S. to make room for more mining and drilling, and violate international law by mining the sea floor...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

I'll try to make this brief today, so you can get right on to actually listening to today's BradCast. [Audio link to full show follows this summary.]

Among our stories today, as Donald Trump officially becomes the lowest-rated President in U.S. history during his first 100 days in office since polling began in the FDR Era...

• The Trump Administration has now gutted the Voting Rights Unit in the Civil Rights Section of the Dept. of Justice. All of the senior managers have been reassigned elsewhere and all pending cases from the prior Administration have now been dropped. So much for the DoJ's "crown jewel"...and enforcement of voting rights.

• After losing one case after another after another in lower courts since taking office, the Trump Administration is hoping to change their luck by turning the tables by arresting a sitting state judge in Wisconsin for allegedly helping an undocumented migrant avoid arrest by ICE when he was in her courtroom for a completely unrelated case. The state judge, Hannah Dugan, was hand-cuffed at the court (as opposed to, for example, Trump being allowed to turn himself in at an appointed hour for his two felony indictments) and Trump's FBI Director, Kash Patel, posted a photo of the perp walk on social media in violation of DoJ's long-standing policy. The case against Hannah, however, may not turn out to be a very good one, according to Marcy Wheeler.

• And now they're "deporting" U.S. citizens. At least children. With their mothers. Late last week, two mothers were both deported to Honduras after showing up for a scheduled check-in along with their kids, one of whom is 2-years old, one who is 7-years old, and one who is 4-years old...with Stage 4 cancer. The children are all U.S. citizens. Neither of the mothers were reportedly allowed to speak to a lawyer after being handcuffed and shipped out of the country. One of the women was reportedly allowed to speak to the father of her children for 1-minute before the call was cut off by ICE and the women and their children were all deported. And yet, when asked about it on Sunday, Sec. of State Marco Rubio had the gall to say that, while both citizens and non-citizens alike are entitled to Constitutional due process, "if you're in this this country unlawfully, you have no right to be here and you must be removed." But, how do you determine if someone is in the country unlawfully without due process? Clearly, neither of these women --- OR THEIR CHILDREN --- received it. That, by the way, is according to the far-right, very Trumpy, Trump-appointed U.S. District Judge in Texas overseeing their cases. Even he is not happy about it!

• So, is this what Trumpers were hoping for when they voted for him last November? I had hoped to talk to a few of them as I asked such listeners to give us a call today. But, right as we finally got to the phones, the entire phone system here at KPFK crashed. [Please consider giving them a donation to help upgrade the phone system! And please tell them Brad sent you when you do!]

• Oh, well. That gave us some time to walk through at least a few of the major new polls out over the past few days in the run up to Trump's 100th Day in office this week, finding him with the lowest rating at this time in office of every President who has served over the past 100 years. And it's not just his overall approval that has crashed --- into the 30s in some of the polls --- but, on every single issue of note, more Americans oppose him than support him...by huge margins...

• And also, some time to enjoy the schadenfreude of a whole bunch of MAGA folks who seem to now deeply regret their vote for Donald Trump...

This seems to be the worst fascist takeover ever. But he's doing it anyway...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: The pointless bleeding on Wall Street caused by Donald Trump's trade wars slowed a bit by end of day Monday after a roller coaster ride throughout the day. U.S. markets ended largely down, through not as sharply as the two days last week just after Trump announced enormous sanctions against pretty much every nation in the world (other than Russia), for no explainable reason. [Audio link to full show follows below this summary.]

Given the pointlessness of it --- with even Republican billionaires and long-time supporters turning on him --- and the lies told by Trump when announcing his tariffs, we turn to Trump-supporting callers for an explanation. Would they be willing to call in and defend this madness? Spoiler: We don't get any persuasive explanations. Though we do get some interesting lies from one Trumper and some reasonable explanation from folks who don't support him or what he's doing to the world.

Also today, the tragic story of Maryland resident Kilmar Armando Abrego Garcia continued to churn late last week, into the weekend, and right up until airtime. The 29-year old father from El Salvador with a wife and five-year old autistic son (both U.S. citizens), had been protected from deportation by an immigration judge back in 2019 after escaping gang persecution in his home country. Last month, however, after detaining him in an Ikea parking lot in front of his son, the Trump Administration "mistakenly" sent Abrego Garcia to a gulag in El Salvador. Now they claim it's too late to get him back from the violent prison where, the judge noted, he faces threats from the same persecutors he'd escaped years ago. On Friday, a federal judge ordered the federal Government to bring him back. Today, just before air, Chief Justice John Roberts placed a (supposedly temporary) administrative stay on the U.S. District Court Judge's order on behalf of SCOTUS, following an emergency appeal by the Trump DoJ. Where it all ends, nobody currently knows.

And finally, before we turn to the phones, the remarkable story out of North Carolina, where a majority Republican state appeals court panel on Friday ordered that more than 60,000 voters should be stripped of their vote in last November's state Supreme Court election if they can't cure supposed problems with their ballots or voter registrations within 15 days. They would be robbed of their vote, but only, apparently, in the Supreme Court election. Losing Republican candidate Jefferson Griffin claims that the 60,000+ voters voted unlawfully in his contest against incumbent Democratic Justice Allison Riggs, even though they didn't. They followed all rules and laws in place at the time. Nonetheless, the 2 to 1 GOP appellate panel ordered those voters, including overseas military voters, to be given 15 days to be contacted and somehow cure supposed defects with their mail-in votes or voter registrations. This is part of Griffin's challenge to the election held almost six months ago, in which he lost to Riggs by 734 after two recounts and certification by the State Board of Elections. The matter now goes to the state Supreme Court, where Republicans have a 5 to 2 advantage over Democrats. One of those Dems is Riggs, however. She has recused herself. If the Court ties 3 to 3, the lower court ruling would stand...unless the federal court jumps in to put an end to this disturbing unconstitutional nonsense and blatant attempt by Republicans to steal another election before our very eyes...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Who coulda foreseen it? Oh, yeah. Everybody in the world other than the idiot who did it and his weird cult followers working desperately to justify it today. As you might expect, we've got a lot to try and make sense of on today's BradCast. [Audio link to full show follows this very brief summary.]

So, Donald Trump pulled the trigger during his rambling "Liberation Day" remarks in the White House Rose Garden, just after the close of markets on Wednesday. The trade tariffs would be slapped on virtually every country in the world and would be, as one tech investment manager described it just after the announcement, "worse than the worst case scenario."

Today, Wall Street reacted. Poorly. The Dow fell over a cliff by more than 1,600 points. The S&P 500 plunged nearly five percent. The tech-heavy NASDAQ plummeted almost six percent. That's what happens when 54% tariff on China suggest that your next iPhone may soon cost $2,300. (The price of Apple stock crashed by nearly ten percent). In all, today amounted to the biggest nosedive for the markets since the mishandling of the COVID pandemic in 2020...the last time this idiot was in the White House.

Nobel Prize-winning economist Paul Krugman asserted that Trump's numbers announced on Wednesday included "false claims about our trading partners" and simply make no sense, suggesting he's "gone full-on crazy." Though, no matter how many times reality and facts are likely to be pointed out to him --- that we are not, for example, "subsidizing Canada by $200 billion a year" --- he "will never drop that claim."

Trump's made-man and Senior Trade Advisor Pete Navarro, fresh out of prison, defended the tariffs, claiming they will raise $6 trillion in revenue for the U.S. over the next ten years. They won't. But if they did, that would amount to a new 25% tax on American consumers, the largest tax hike in U.S. history, since U.S. consumers, not foreign governments, will be paying higher prices to cover the huge new import taxes on just about everything.

Trump's new taxes are likely to result, as well, in reciprocal tariffs from virtually every nation in the world against the U.S. Every nation in the world, that is, except Russia, which was curiously left off the list of newly sanctioned nations for some odd reason.

But, as our friend David Dayen, investigative financial journalist, author and Executive Editor of The American Prospect explained on this program last year, these tariffs are better seen as a means by which Trump hopes to bend companies, industries and, yes, entire foreign governments, to his will. "Look at these tariff threats more as like sanctions," Dayen told us in early December. "'If you do things we don't like, you're going to get higher tariffs.' That's not really about trade policy. That's really about doing what the United States says. It's really about policing the world through economic terms."

"Businesses are going to come to this President and say, 'Give me a waiver from your tariff.' The mind boggles at the potential for corruption here," Dayen said at the time. "This is what oligarchies look like. This is what Russia looks like. If you're closer to the king, you're going to do better."

"He wants to use tariffs and, more generally, the role of the United States as an economic hegemony, to bully other countries to do our bidding," Dayen foretold, in what now appears to be exactly what Trump is doing. He reiterated and added to some of those thoughts at TAP today. "Stop trying to place coherence on a policy that’s really just a mob boss breaking legs and asking for protection money."

Sen. Chris Murphy (D-CT) smartly explained it in very similar terms last night in a social media thread. "Those trying to understand the tariffs as economic policy are dangerously naive," Murphy argued, citing how "British kings used taxation to reward loyalty and punish dissent. ... The tariffs are a tool to collapse our democracy. A means to compel loyalty from every business that will need to petition Trump for relief."

But there is a way out. There is a way to end this madness. Trump only enjoys the unilateral power to issue economy-killing, job-crushing, 401k-flattening sanctions because Congress gave him that power. They can also take it away. There was an attempt by every Democrat and a handful of Republicans in the U.S. Senate yesterday to do exactly that, when it came to sanctions against Canada. The measure was successfully adopted by the Senate, but is unlikely to receive a vote in the U.S. House, where it would likely also be adopted if members were allowed to vote on it. So, Speaker Mike Johnson will make sure they can't.

With all of that in mind, "these tariffs won't stand," writes Josh Marshall at TPM today. Anyone running for Congress or thinking of doing so has all they now need to take down any Republican who would support this insanity --- and the harm it is now causing to their own constituents. "It’s malpractice for anyone challenging a Republican member of Congress not to be on this today," he detailed this morning.

So, yeah. Once again, it all comes down to democracy and elections. To that end, a Trump-appointed federal judge in Pennsylvania this week ruled in favor of voters, believe it or not. And a George W. Bush-appointed federal judge in Texas did the same thing late last month. We break down both rulings today before Desi Doyen joins us to close with our latest Green News Report, including a bit of bad news for the coal industry, thanks to good news from voters in Illinois this week as, once again, still more evidence that, yes, elections matter!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

You'll be delighted to know that we've got a (mostly) non-Trump related election story for you on today's BradCast, and a guest here to discuss it! Though we've got a few Trump related stories we have to get to first. Sorry. [Audio link for complete show follows this summary.]

Among our coverage today...

• Donald Trump has "plainly violat[ed] the First Amendment," according to an announcement last night from the Associated Press. The notice was in response to the White House blocking the 178-year old nonpartisan global news outlet from the President's Oval Office signing of an Executive Order with self-proclaimed "free speech absolutist" Elon Musk, giving him and his DOGE Bros government-wide control of the hiring and firing of all federal workers at all federal agencies other than the Defense Dept. AP's punishment was because Trump doesn't like the way the AP Style Guide refers to the Gulf of Mexico after he declared that it should be called the Gulf of America. The White House affront to First Amendment free speech and free press rights echoes former Fox 'News' host turned Defense Secretary Pete Hegseth's order last month to remove a number of well-established news outlets, such as New York Times, Washington Post, NPR and NBC News, from offices they've occupied for decades at the Pentagon. Rightwing MAGA "news" outlets will be given those spaces instead.

• Free speech doesn't fare any better under Trump, even when it comes from independent federal government Inspectors General. On Tuesday, after the IG at the U.S. Agency for International Development (USAID) issued a 6-page report [PDF] critical of the Administration's pause of all agency activities, Trump fired him. The report found that the attempted Trump/Musk/DOGE shutdown of largely all of USAID's critical foreign aid work around the globe and evacuation of thousands of overseas workers would result in, among other things, hundreds of millions of dollars of already-shipped food for starving people rotting in ports; life-saving medicine for deadly diseases remaining in warehouses unused; and "inadvertently funding entities or salaries of individuals associated with U.S.-designated terrorist organizations.” Obviously, that guy had to go!

• The latest Inspector General firing came the day before 8 of at least 17 IGs fired in Trump's first week, in pretty clear violation of the Inspector General Act of 2022, filed a lawsuit today in the U.S. District Court in D.C., challenging their unlawful "purported removals". The 32-page complaint [PDF] charges, among other things, that these IGs, with decades of experience between them, "have been sent a message that non-partisanship and truth-telling will not be tolerated. That message will have the effect of intimidating the [inspector general] workforce and thus chill their critical work for the American people."

THEN... It's on to the last unsettled race of 2024.

While Trump won the narrowly divided swing state of North Carolina last year, Democrats won almost every other election on the statewide ballot, from Governor to Attorney General, etc. Their candidate for the state Supreme Court, current Justice Allison Riggs, defeated her Republican challenger Judge Jefferson Griffin by just 734 votes out of 5.5 million cast statewide. That narrow result was certified by the State Board of Elections after a post-election canvass, audit and two recounts requested by Griffin.

But Griffin is still challenging the result in state court, arguing that some 66,000 early and mail-in ballots cast by North Carolinians should be tossed out because some registrations lacked drivers license or social security numbers (even though many of those cases were due to database clerical errors on the part of officials, not registrants, or were created before the law required that information); other challenged ballots come from military and oversees voters without copies of Photo IDs included in the mailing (which Griffin maintains is now required under the state's new polling place Photo ID restrictions); or were cast by U.S. citizens who never lived in the U.S. (even though they were born to U.S. citizen parents and have always been allowed to vote).

Griffin is hoping to defy state election officials with a friendly ruling from the state Supreme Court, which has a 5 to 2 Republican advantage --- or 5 to 1, since Riggs has recused herself from this case. Riggs, on the other hand, is seeking relief in federal court, where federal law would almost certainly block the tossing of 66,000 ballots from voters who followed the rules for the election.

To try and make sense of this absurd mess, we're joined today by DEBRA DICKS MAXWELL, President of the North Carolina state chapter of the NAACP. Last week, Maxwell wrote an op-ed pointing out that minorities and young voters are disproportionately disqualified in Griffin's list of ballots that he wants to toss. She noted that he is seeking an unprecedented "do-over" election, even though countless races in state history have been proven by courts to have violated the rights of voters, particularly when it comes to gerrymandered elections found to have been conducted with Congressional districts that violated the Constitution and Voting Rights Act both before and after the elections were run.

"We at the NAACP North Carolina State Conference have never been granted any relief like that, even in cases where we proved that Black voters’ rights were violated," she tells me. "They did not enjoy a 'do-over' because of the gerrymandering by the General Assembly, stacking and packing Black votes into fewer districts [so] there was less representation for people of color at the legislative level. That did not change."

"Judge Griffin is refusing to concede and accept [the results] since he has friends on the North Carolina State Supreme Court," she argues. "Judge Griffin should concede. But because he feels that the results don't matter, 'what I want matters', that is sending the wrong message to thousands of voters, not only in this state but across the country."

If Griffin receives a new election, Maxwell warns, "that would send seismic waves through this county, this state, and even through the country to ask for a do-over." Among other things, she asserts, it would decrease voter participation in future elections when people wonder "'Why should I vote when they are just going to call it how they want it?' Especially as we are gathering thousands of those people who are on that 60,000 list. One of my chairs in the NAACP told me, 'I'm on that list!' We know people who are on there. They are very upset."

Maxwell also explains that the state NAACP is currently "winning on results of a federal [Photo] ID case" filed last May. "It is February and we are still waiting on the outcome." But, if they win the case, she says, it doesn't mean that last year's elections will receive a "do-over"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

As usual, the incoming President has almost no clue what he's talking about. Not that he cares or that it matters. That's especially true, as discussed on today's BradCast, when it comes to elections and voting laws. [Audio link to full show follows this summary.]

FIRST UP... It's another one of those fire-hose news days akin to what we experienced, day after day, during the first Trump term. We can only cover what we can cover. So, we start with the news, as reported by CNN today, that the House Ethics Committee voted in secret earlier this month to release the report from their years-long investigation of allegations against now-former Rep. and now-former Attorney General nominee Matt Gaetz. The report, which Republicans on the bipartisan panel voted against releasing in November, is said to focus on allegations of Gaetz' salacious sexual misconduct with minors, illicit drug use, and other crimes, potentially included bribery and more. CNN says the Committee has decided to make the report public "after the House's final day of votes this year" unless they "change course now that it has voted."

NEXT... In an update to a story we've been following since last month's election, the North Carolina State Board of Elections has decided it will not order a full hand-recount in the election for State Supreme Court between the incumbent Democrat, Justice Allison Riggs, and her Republican opponent, Jefferson Griffin. The original computer-reported tally from the November 5 contest found Riggs defeated Griffin by 623 votes out of more than 5.5 million ballots cast. A Griffin-requested machine recount widened Riggs' lead to 724 votes over the Republican challenger, who then requested a hand-count. State law allows a small number of precincts in each county to be hand-counted before ordering a full hand-count in the event that the smaller audit is way out of line with the computer recount. In the hand-count samples in all 100 counties in NC, both candidates picked up votes (Riggs gained 70, Griffin picked up 56), but it was not enough to trigger a full, statewide hand-count. With Riggs declared the certified winner, Griffin is also seeking to toss some 60,000 ballots out entirely, claiming those voters, including military and overseas voters, were either not entitled to vote or to have their votes counted. The matter is expected to end up at the state Supreme Court. Presumably, Justice Riggs, one of just two remaining Democrats on the seven-person High Court, will recuse herself if that happens.

THEN... Donald Trump has been vowing and/or threatening to end Joe Biden's "EV mandate" on "Day One" when he takes office, even though there is no Biden "EV mandate." A week or so ago on Meet the Press, Trump reiterated his plans to sign Executive Orders to "end the electric mandate immediately for the cars" and for "ending a lot of the environmental things that were ridiculous that hurt our country very badly and didn't do anything for the environment...ya know, standard things." This week, Reuters has an exclusive report on the specific plans from the Trump Transition team for those "standard things", including what the news outlet describes as "sweeping changes to cut off support for electric vehicles and charging stations" and to redirect that funding to "national-defense priorities." The plans also involve reversing California's (and twelve other states') emission standards that save lives and reduce energy prices for residents, and doing away with the Biden administration's $7,500 consumer tax credit for EV purchases, a policy expected to harm U.S. automakers like General Motors (if less so for Tesla, whose CEO spent more than a quarter of a billion dollars to get Trump elected). But all of those things may be easier said than done, certainly on "Day One", as Desi Doyen explains.

FINALLY... Speaking of easier said than done, Donald Trump has also been demanding changes to voting and election laws, most prominently after he began falsely claiming that the 2020 election was stolen from him. Earlier this month, he declared at a Fox "News" event, once again, that "we want to have paper ballots, one-day voting, voter ID, and proof of citizenship" among other changes to election law that he has repeatedly called for. He doesn't seem to understand most of the things he's demanding, nor care about the fact that some of the measures would disenfranchise millions of Americans.

We're joined today by JOSHUA A. DOUGLAS, election law professor at the Univ. of Kentucky College of Law; author of a number of recent books on American democracy, and now the host of the Democracy Optimist podcast and companion newsletter.

This week, at Washington Monthly, Douglas explained why Trump, in truth, will have "little official power to implement the new rules he supports," given that the U.S. Constitution gives most power regarding elections to the states. While Congress has certainly adopted a number of landmark federal voting laws over the years, Douglas tells me today, "it's really a process of local control. The President himself cannot issue an Executive Order or some sort of decree that elections should be changed one way or the other without states being the ones to pass those laws --- or Congress, but that's a difficult path, as well."

"The President doesn't have any power unilaterally to dictate election rules," says Douglas, while recognizing that Trump will have both the bully pulpit to muscle Congress and states into adopting new laws and rules, along with the power to appoint members of the Federal Elections Commission (FEC) and Election Assistance Commission (EAC) and, particularly in Trump's case, to direct his Dept. of Justice to enforce certain laws and ignore others. "But the President, under the Constitution, doesn't have any formal powers to regulate elections, beyond signing or vetoing a Congressional law."

We step through some of the specific measures Trump has been demanding, such as "paper ballots" (which the vast majority of voters already use), "one-day voting" (ending absentee and early voting), Voter ID (already mandated by most states and, under federal law, already required when registering voters in all 50 states), and the point that most concerns Douglas, "proof of citizenship" when registering to vote. If actually adopted at the federal level, he argues, it would likely disenfranchise tens of millions of voters and become "a real logistical nightmare for election officials."

The efforts by Republicans to change election laws on the state level, are a different matter, as Douglas explains as well. But, bottom line, there is no "magic wand" for Trump to use to undermine elections by himself, much less on "Day One". And there are quite a few things that YOU can do, to stop him and anyone else who would try to restrict our right to vote.

Given recent events, is Douglas still the "democracy optimist" he was when he originally named his podcast and newsletter earlier this year? Tune on in to find out...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Democracy is under attack again today. And not just in D.C. We're here to do our part in defending it wherever possible on today's BradCast. [Audio link to full show follows this summary.]

Among our many stories today...

• The rightwing, inexperienced, recently elected but now very unpopular President of South Korea attempted a power grab today by declaring martial law and the shutdown of the National Assembly for largely trumped up reasons. (Pun intended.) It didn't work. His own political party joined the opposition Democratic Party majority in the nation's parliament for a swift, unanimous vote to shut down the attempted self-coup just hours after it began. The country's military wasn't much help to the President either. (Which may be just one reason Donald Trump has tapped loyalist stooge, accused rapist and years-long womanizing drunkard, Pete Hegseth of Fox "News", to be his own Sec. of Defense.) But there are a whole bunch of other lessons that we need to learn in THIS country from what happened today in South Korea which may be very helpful in the months and years ahead.

• Meanwhile, power grabs by Republicans are underway at the state level in this country as well following the November 5th election. In the closely divided battleground state of North Carolina, where Donald Trump won at the Presidential level, Democrats were victorious up and down the ballot in a bunch of statewide offices including Governor, Lt. Governor, Attorney General, Sec. of State and Superintendent of Public Instruction. The GOP also lost its gerrymandered supermajority in the state House by one seat. So Republicans, in the weeks they have left with supermajorities in both chambers of the state legislature, are now attempting, under the guise of a "sham" Hurricane Helene disaster relief bill, to strip extraordinarily broad swaths of power from those offices and hand it to the GOP-controlled state legislature. Outgoing Democratic Governor Roy Cooper has already vetoed the bill, but Republicans in the Senate have voted to override it and protesters in the state are attempting to prevent House Republicans from doing the same. The measure, among other things, strips the incoming Democratic Governor's ability to appoint members of the State Board of Elections, to fill vacancies at both the state Appeals and Supreme Court levels with judges of his choosing, and, in a sop to the fossil fuel industry, prevents the state Attorney General from, as Cooper said in his veto, the "ability to advocate for lower electric bills for consumers." The 131-page bill, originally introduced in November and passed by both chambers within 24 hours, would also place new restrictions on elections in the state, which election officials charge would result in votes going uncounted.

• If that North Carolina measure is adopted before the new state legislature is sworn in next month, it will almost certainly be challenged by Democrats at the state Supreme Court, where last month one of its two liberal Justices, Allison Riggs, very narrowly defeated her Republican challenger, Jefferson Griffin, by fewer than 1,000 votes out of more than 5.5 million cast. A machine recount confirmed the initially reported machine-tallied results. Now Griffin is seeking both a hand-count and the disqualification of more than 60,000 ballots.

• There is somewhat brighter news this week in another battleground state, where a Wisconsin judge has finally struck down former far-right Republican Gov. Scott Walker's wildly controversial 2011 law that stripped the power of certain public unions to collectively bargain for wages and other benefits. The law, according to the judge, is unconstitutional since it takes those powers from "general" unions, such as the state teachers union, while allowing it for "public safety" officials, such as police and firefighters unions who were supporters of Walker's at the time. Back in 2011, you may recall the weeks-long fight over the measure, bringing hundreds of thousands of protesters to the state capital as Republicans in the legislature muscled the bill to passage. Of course, the judge's ruling will now be appealed up to the state Supreme Court which, as of last year, finally has a narrow, 4 to 3 liberal majority that will once again be tested during yet another WI Supreme Court election this April.

• And, speaking of every vote mattering, a legal and political battle is underway right now in Minnesota over a state House race where Democratic Rep. Brad Tabke was declared the winner by just 14 votes over his Republican challenger Aaron Paul after a recount and official canvass. That said, an investigation by the local County Attorney found that 21 absentee ballots in the race may have been accidentally discarded prior to being tallied. Republicans have filed suit to declare the seat vacant and are seeking a special election. This one seat matters. As of now, with the Democratic Tabke as the winner, Democrats and Republicans will each hold 67 seats in the state House, where lawmakers are preparing a power sharing agreement. If the Republican Paul ultimately ends up winning the seat, the balance of power would be shifted with a two-vote, 68-66 GOP majority. Yup, every vote matters. Even the ones that were tossed due to "human error", according to the County Attorney.

• Finally, Desi Doyen joins us for our latest Green News Report, our first since returning from the holiday. And she's got a lot to catch us up on, from the collapse of a U.N. plastics treaty summit in South Korea (prior to today's attempted coup!), to a lackluster (at best) agreement at the U.N.'s COP29 climate talks in Azerbaijan, to new worries about how extreme drought is set to exacerbate immigration issues at our southern border...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Okay. The best way to take in today's BradCast is simply to listen to it. That is almost always the case, but especially today. The stuff you are tuning in for is likely right up front today. [Audio link to full show follows this summary.]

I have been hearing from a lot of listeners of the show and readers at The BRAD BLOG since the election, especially on the heels of our coverage last week of a letter sent to Vice President Kamala Harris by a group of top-flight computer scientists and cybersecurity and voting system experts, explaining to her why they are strongly urging her to seek hand-recounts of ballots in several battleground states. I covered their 5-page letter [PDF] in detail on our show last Thursday, along with my interview with longtime University of South Carolina computer science professor and voting system expert, Duncan Buell, one of the signatories.

Around the same time, a longtime financial services security expert, Stephen Spoonamore, who I've known for many years, also begin describing his own concerns about the reported results of the November 5th Presidential election, and has now sent two "Duty to Warn" letters to the Vice President (here is his latest) also recommending she ask for hand-recounts in several battleground states.

While the group of experts cite well-documented evidence of Trump supporters unlawfully breaching proprietary voting systems, copying its software and distributing it across the Internet following the 2020 election, in states including Georgia, Michigan, Pennsylvania and Colorado (for which several have been charged and/or convicted with felony crimes), Spoonamore's worries are a bit more speculative. He is concerned by his analysis of a reportedly high number of what are known as "Bullet Ballots", which include one single vote (in this case, for Trump for President) and for no one else on the ballot. He augments that concern with what he fears could be a related bevy of hoax bomb threats in largely Dem-leaning jurisdictions on Election Day, said to have come from Russian email domains, as well as the use of Trump supporter Elon Musk's Starlink Internet system in a number of places.

My opening monologue today speaks to all of those concerns, as shared by many Harris supporters who --- not unlike Trump supporters in 2020 and Clinton, Sanders and Kerry supporters in years past --- are suspicious of the reported results of the election. I try to offer some much-needed clarity about what Spoonamore, somewhat misleadingly, described originally as Bullet Ballots, cast at a suspiciously high rate in some battleground states, but not in immediately neighboring states, as well as his other allegations.

Many more details in the show, right up at the top, if you want to give it a listen. But, the long and short is this: It doesn't matter what one's reasons may be for a lack of confidence in the reported results, as currently tallied almost entirely by computer tabulators, either correctly or incorrectly. The only way to answer those concerns, and to determine if the results were tabulated accurately, is with a public hand-count of ballots, either in whole or even in a smaller audit of a random sampling of precincts to ensure computer-reported results accurately reflect the intent of voters.

That has been true for the two decades that I have been reporting on these issues and similar concerns --- sometimes justified, sometimes not (again, it doesn't matter) --- whether they come from Republicans or Democrats or third-party voters. Publicly hand-counting paper ballots (hopefully hand-marked paper ballots!) is the only way to possibly gain confidence among those in the electorate who are suspicious, rightfully or not, about reported results. Public hand-counts remain the Gold Standard for democratically conducted elections --- no matter how many in the media, or even in the "elections industry", misleadingly suggest otherwise.

When you really REALLY need to know who won the closest of elections, you publicly hand-count the ballots. Doing so, by the way, is not always dispositive. There are still sophisticated ways to defraud even a publicly hand-counted election. But it's the best and easiest place to begin.

As noted, there is much more specific detail in my coverage of all of this today, including, for example, news on a hand-counted audit of several precincts this week in Centre County, PA, following a still-unexplained problem uploading absentee ballots into the County's tabulator system on Election Day. So, for those who have touched base with me about any or all of these related concerns, please tune in today!

ALSO TODAY...

• Speaking of counting votes in Pennsylvania, hedge-fund CEO and Republican U.S. Senate candidate Dave McCormick currently leads three-term Democratic Senator Bob Casey by about 17,000 votes, or about one-quarter of one percent, out of nearly seven million votes tallied in the contest. A recount is set to begin shortly, and Counties may choose to count ballots either by hand (please do!) or by a different computer-tabulator than those used to tally them originally. But all of that is taking place amid a legal battle that has stretched on for years, concerning whether absentee ballots, which are known to have arrived on time, but with missing or incorrect dates on their outer envelope, should be counted. A number of counties led by Democrats say yes, they should be counted and that the dates are meaningless. That is true and almost everybody --- even many Republicans, including McCormick who sued to include such ballots in the count when he narrowly lost a 2022 GOP primary --- agree! But, in response to lawsuits filed by 2024 Dave McCormick joined by the Republican National Committee, the Pennsylvania Supreme Court ruled on Monday that, no, those votes may not be counted this year, since (terrible) state law mandates they may not be. More details, as usual, on today's program.

• Yesterday on The BradCast, we discussed the importance of full and proper FBI vetting of nominees to top Presidential Administration posts with former Deputy Asst. Attorney General and former Chief Counsel for Nominations in the US Senate, Lisa Graves. Instead, Donald Trump's team has hired a private firm to vet potential nominees. Graves explained how such background checks are critical for ensuring that top government officials do not have leverage that may expose them to blackmail, etc. Well, new details now coming out about the allegations of sex trafficking of 17-year old girls by Trump's nominee for U.S. Attorney General, Matt Gaetz serve as a reminder of how important that is. The fact that files said to detail evidence and testimony on some of the most illicit and disturbing charges against him were reportedly hacked from a law firm on Monday puts a huge, blinking, screaming red flag next to that point!

• Finally, Desi Doyen joins us for our latest Green News Report as Trump nominates climate science deniers and fossil fuel profiteers to top environment-related cabinet posts, and as President Biden visits the Amazon Rainforest to tout some of his landmark achievements taking on climate change...before Donald Trump returns to office and works to reverse much of that critical progress...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

I'm writing today's BradCast summary much quicker than usual, as polls are now beginning to close with unofficial results coming in momentarily. But we've got a lot packed into today's show no matter when you tune in, that may help you make sense of what will happen tonight and over the next several days (and weeks and even months!). [Audio link to full show follows below.]

Among our coverage today....

• Not much help on who's gonna win from the voters of first-in-the-nation Dixville Notch, New Hampshire, the first town in the nation to both open and close their Election Day polls just after midnight last night. Their six total voters tied 3 to 3 between Kamala Harris and Donald Trump. But four of those voters are registered Republicans and two are independent. So it might actually tell us more than originally appears.

• Polling guru Nate Silver's final forecast model for the 2024 Presidential election, which ran 80,000 simulations just after midnight, based on the latest pre-election polling and other noteworthy data, finds that Kamala Harris won precisely 40,012 of them. Or 50.015% of the time! Not much help there either. We may have to wait for actual, ya know, votes to be actually, ya know, counted before we can find out if all the polls telling us that everything is "tied" are actually right. (I wouldn't bet on it.)

• There were a number of problems for voters around the country today, though not widespread, so far, and, thankfully, not violent (so far) as some had feared. There were bomb threats in Georgia, said to have come from Russian sources. But most of the issues that have come to light so far were with voting systems, of the type we've seen many times in the past. Hand-marked paper ballots that failed to scan in a very Republican-leaning county in the battleground state of Pennsylvania, where polls were ordered to stay open an extra two hours to accommodate. Print-on-demand ballot printers that failed in a very Democratic-leaning county in battleground Arizona, leading to long lines for Native American voters. Similar isolated problems in a Democratic-leaning Louisville in Kentucky, as well as in parts of Alabama and Iowa. Thankfully, in most cases reported so far, voters were able to continue voting on hand-marked paper ballots, even if they will be tallied later --- and, in some cases, by hand --- as opposed to by computer tabulators at the polls. In some cases, lines grew longer as the problems were worked out, and judges ordered polls to stay open a bit longer tonight in the bargain. While rain drenched parts of several states, reports today suggest that voters were happy to tough it out with raincoats and umbrellas in long lines in order to cast their votes in the most critical Presidential election in U.S. history.

• We run down what is now expected to lie ahead over the next few hours, days, weeks and even months, particularly in the event that Kamala Harris is declared the winner by the media either tonight or over the next few days, and how Donald Trump will likely declare victory tonight no matter what.

• Relatedly, longtime election data researcher and author Richard Hayes Phillips helps us break down the battleground states likely to offer a "red mirage" in their reported results beginning this evening. That is where initially reported results misleadingly suggest a Republican win before more Democratic-leaning results come in because of various factors, including absentee ballots taking longer to tally in states where officials are not allowed to begin processing them until Election Day. He advises to be on the lookout for that "red mirage" effect tonight --- and to not panic when it inevitably does! --- particularly in the critical battleground states of Arizona, Nevada, Pennsylvania and Wisconsin. Many more details on that in today's show.

• And, while we wait...a couple of somewhat related moments out of television's "Golden Years", including a 1958 western featuring a conman actually named Trump (seriously!) who is trying to terrify a town into paying him for a wall(!) to protect them from what he warns will otherwise be complete and total destruction. (Yes, seriously!) We played this clip originally back in 2019, but hauled it out again today in hopes that it might be the last chance for it to be relevant ever again. (Wishful thinking?)

• And, some thoughts from TV's 98-year old legendary icon Dick Van Dyke who, yesterday, endorsed Kamala Harris and, along with it, included a video in which he reads a speech he initially delivered at an event with Martin Luther King, Jr., as written by Twilight Zone creator Rod Serling, in Los Angeles in the Spring of 1964, just before passage of the Civil Rights Act. "Hatred is not the norm," Van Dyke reads from the 60-year old speech this week, during a moment in history that, he says, makes the speech "mean as much today, if not more, than it did then."

• Finally, Desi Doyen joins us for our Election Day Green News Report, as wet weather complicates voting after October was one of the driest on record in almost every state; as a new tropical storm threatens the Gulf Coast; along with a boatload of actually very positive climate news for the U.S. as President Biden begins to wind down his term in office amid landmark climate achievements...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast we're hoping to help you get acclimated to the tsunami of "fraud" claims --- both real and fake, and what they mean and don't --- that are most likely about to come our way over the next few days and weeks...at least if Donald Trump loses to Kamala Harris in 2024 as he did to Joe Biden in 2020. [Audio link to full show follows this summary.]

Pardon us, however, for beginning with a brief victory lap following our L.A. Dodgers' big World Series win last night, and a related sidebar as to what history tells us (or doesn't) about who is going to win the Presidential election based on who won the World Series.

Then, as to the coming "fraud" storm...among the many stories cited along the way today...

• A Minnesota woman this week was charged with three felony counts of voter fraud after forging her dead mother's signature on an absentee ballot to vote for Donald Trump.

• Six people were charged over the summer for submitting nearly two dozen fraudulent absentee ballots on behalf of a Republican City Council candidate in New York. How they got away with it and how they got caught. The candidate's 19-year old daughter was among those charged.

• In the battleground state of Michigan, election officials in August indicted four voters who allegedly voted twice --- first by absentee and then again at the polls --- in the state's Presidential primary earlier this year. Once again, as in all of these cases, they were caught and charged thanks to safe-guards built into the system. Of the more than 11.7 million votes cast in the state over the past several elections, according to Michigan's State Auditor General, 99.99% of ballots cast were NOT from double voters.

• In Mesa County, Colorado this week, officials announced they blocked an effort in the very Republican-leaning county to cast about a dozen absentee ballots, apparently stolen out of mailboxes in the Vote-by-Mail state. The state's signature-matching procedures uncovered the fraud scheme, though three fraudulent ballots slipped through the system before the crime was discovered. Mesa is the same county where former County Clerk, Tina Peters, was earlier this month sentenced to 9 years in prison on felony charges related to helping her MAGA friends break into the County's voting systems in the middle of the night after the 2020 election to copy proprietary software and distribute it across the Internet to other Trump supporters.

• Last month we reported on the story out of Arizona where both the RNC and the state Republican Party went to court to argue against the removal of some 98,000 voters from the state voting rolls who, due to a years-old glitch in Maricopa County's voter database, had no record of presenting Proof of Citizenship with their registrations, as required by state law. In that case, Republicans opposed the systematic voter purge that the state's Democratic Sec. of State didn't want to do, but felt he had to under state law. The Republicans correctly argued to the AZ Supreme Court that such purges, within 90-days of an election, were in violation of federal law. They made that argument after the SoS revealed that the majority of the potentially "non-citizen" voters to be removed were registered Republicans.

  Yet, this week, on Wednesday in Virginia, after a U.S. District Court Judge and federal Appeals Court last week blocked an attempt by the state's Republican Governor to purge some 1,600 registered voters under the premise that some might be non-citizens, the corrupted Republican U.S. Supreme Court majority allowed the unlawful systematic purge, ordered by Gov. Glenn Youngkin, to move forward. All three Democratic-appointed SCOTUS Justices dissented. One of the purged Virginians, a U.S. citizen who has lived there her entire life, called it "a very bad October surprise."

All of these stories today help us understand the difference between real and fake fraud claims; the difference between voter fraud and election fraud; how easily most such penny-ante fraud is caught and often prevented before it happens; and how Republicans this year, from Donald Trump on down through his minions and back up through his corrupted SCOTUS, are hoping to use phony or exaggerated fraud claims to help sow the seeds to steal the election, if necessary, as of Tuesday night.

Get ready! Because that is coming --- if Harris is declared the winner.

Finally, Desi Doyen joins us for our latest Green News Report, with horrific "welcome to the future" news out of Spain this week, where extreme drought was followed up with a year's worth of rain and deadly flash flooding this week that swept through one town in a matter of hours, killing more than 150 so far; and some words of warning about Tuesday's election from Sen. Bernie Sanders regarding our climate changed future in the event that Trump is allowed back into the White House in January...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Bob Woodward and Carl Bernstein would be weeping in their graves --- but they're still alive and joining many of us in calling out WaPo's cowardly billionaire owner today for kowtowing to a wannabe dictator who's not even in office yet. Thus is the shameful price --- and cost to American democracy and Freedom of the Press --- of American Oligarchy, 2024-style. [Audio link to full show follows below.]

Among our stories today, before opening up our phone lines for listeners to "endorse" the Presidential candidate of their choosing, just one week before Election Day in arguably one of the most critical elections in U.S. history...

• Last week, more than 20 absentee ballots were burned in an apparent case of arson inside of a U.S. Postal Service collection box in Phoenix, in the battleground state of Arizona. Today, hundreds of ballots were burned in a ballot drop-box in Democratic-leaning Vancouver, Washington as well as Democratic-leaning Portland, Oregon. The FBI is investigating and local law enforcement report they have identified a "suspect vehicle" thought to be connected to the incendiary devices used in both cases in the early A.M. hours on Monday.

• Last week, Donald Trump-supporting billionaire Elon Musk, the richest many on Earth, kicked off a "lottery" where registered voters in battleground states who sign his pledge would become eligible for a one million dollar give-away each day before next Tuesday's Election Day. The DoJ subsequently warned Musk that the stunt was likely an unlawful vote-buying scheme under federal law. On Monday, the Philadelphia District Attorney sued Musk for running what he is describing as an unlawful lottery in violation of Pennsylvania law.

• On Friday, the Washington Post --- with the now-laughable tagline "Democracy Dies in Darkness" --- announced it would not be making an endorsement in the Presidential race for the first time in nearly 50 years. It's billionaire owner, Amazon founder Jeff Bezos --- whose space travel company has billions of dollars of contracts with the federal government --- was reportedly behind the decision that undercut the legendary Watergate paper's own Editorial Board that was set to endorse Kamala Harris. The decision came just after the billionaire owner of the Los Angeles Times --- who happens to be a close friend of Elon Musk --- forced that paper to do the same. It is what noted U.S. fascism expert Timothy Snyder describes in his landmark 2017 book, On Tyranny, as "obeying in advance," which he strongly warns against as "Lesson One" when fascists threaten to take power. Will Bunch of the Philadelphia Inquirer also has a few thoughts in response about the "billionaire cowards" at the two papers who are already "showing what life under a dictator is really like", even before Donald Trump's becomes President again (if he ever does.)

• With all of that in mind --- and a few more stories of note here or there --- we open up our phones for listeners to make their own endorsements today on air in this year's election. That, because The BradCast and our many affiliate stations --- many associated with the Pacifica Radio Network, founded in 1946 to, specifically, stand up against then-rising fascism --- are not owned, run or controlled in any way by billionaires or their corporations. The result: a lot of calls today, with endorsements for Harris, Trump and --- because our live-listener base largely draws from KPFK, our very left-ish flagship station here in Los Angeles --- for the Green Party's Jill Stein, as a protest vote against the Biden-Harris Administration's position on Israel. (Never mind how much worse a Trump Administration would be on the same issue...which leads to a few very lively conversations with listeners today!) Please tune in!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

We've been telling you for months on The BradCast that it was likely to be a very bumpy road to Election Day ... and likely beyond it, depending on how things go. We are now on that road. Lots of bumps, as predicted, but still plenty of hope to help us all stay positive in the closing days. [Audio link to full show follows this summary.]

Among our occasionally bumpy, occasionally hopeful coverage on today's program...

• We open with some encouraging listener mail from a family of democracy champions, and their recommendation to help you stay engaged and hopeful and helpful above and beyond voting, by checking out the very cool Markers for Democracy, "Saving our democracy, one postcard at a time."

• A U.S. Postal Service mailbox with a number of mailed absentee ballots in it, was set ablaze overnight at a post office in Phoenix, Arizona. Authorities are investigating the likely case of arson in the battleground state, and a USPS spokesperson suggests that, if you use a mailbox for your absentee ballot, try to drop it in "before the last collection time each day." Good advice. Better advice: Deliver that ballot in person to a precinct, voting center or town/county election headquarters, as allowed in your jurisdiction.

• Also in Phoenix, Arizona today, details on charges filed against a 60-year old man suspected of shooting at the windows of a Democratic National Committee field office for Kamala Harris in Tempe, three times times over the past several weeks. Law enforcement officials say the man, now in custody, was found to have more than 120 guns and 250,000 rounds of ammo at his home, and a machine gun in the car he was driving. They say he appeared to be planning "a mass casualty event". No one was injured in the shootings, but the Harris field office was eventually closed. He has been charged with seven counts related to terrorism. He is also accused of hanging hand-made political signs critical of Harris and Democrats, lined with razor blades and a substance labeled as "biohazard" in a Democratic-leaning Phoenix suburb.

• Given the disturbing allegations this week by Donald Trump's longest-serving White House Chief of Staff, retired 4-star U.S. Marine General John Kelly, describing his former boss as a "fascist", a fan of Hitler, and an opponent of the Constitution, rule of law and military vets injured or killed in the line of duty, Kamala Harris is leaning on a strong anti-fascism message in her closing argument, just over a week out from Election Day. We share both her initial response to Kelly's remarks yesterday in D.C., as well as those from a CNN town hall last night where she made no bones about her answer when asked if she believed the disgraced former President was, indeed, a fascist.

• In case you are still unclear about what Donald Trump will do if he is elected again and how he will continue to undermine the rule of law, he said on a radio show this morning that he plans to "fire" Special Counsel Jack Smith "within two seconds" after taking office. "He'll be one of the first things addressed." Never mind that Trump wouldn't actually have the legal authority to do so. Smith, of course, has filed felony charges against Trump in D.C. for his many failed attempts to steal the 2020 election, and in Florida for having stolen thousands of pages of highly classified national security documents upon leaving the White House and refusing to return them to the federal government.

• And, in case you're confused about who Donald Trump is referring to when he vows "retribution" against "the enemies within", it is you. E&E News has a new report out today detailing how Trump, when he was last allowed to be President, withheld FEMA aid following natural disasters in several states --- Washington, California, Georgia, Utah and Maryland --- due to political disagreements he had with their Governors following his election loss in November of 2020.

• Desi Doyen joins us today for our latest Green News Report, tracking record heat, drought and wildfires in the U.S. Northeast; the U.S. Senate races which could determine who wins the majority in the upper chamber this year, and how that is likely to affect action on our climate crisis; and the Biden Administration's race to get climate and infrastructure funding out the door before next year's changing of the guard.

• Finally, since it has been --- and will continue to be --- a bumpy ride between now and Election Day (and, likely beyond), we close today with some hopeful words of encouragement from our current, unflagging Vice President and, perhaps, next President of United States...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Finally! Some real and tangible justice for two of the 2020 election heroes who were grievously harmed by the disgraced former President's insidious lies, and other important news just weeks before your final chance to vote in arguably the most critical election in U.S. history. [Audio link to full show follows this summary.]

Among our coverage on today's program...

• We're now less than two weeks out from Election Day, your last chance to vote --- and help others to do the same --- in the 2024 election. Have you voted yet? Are you doing all you can to help and encourage others do so? Will you feel good ten years from now about however you decide to vote this year?

• In New York on Tuesday, a federal judge ordered [PDF] former Donald Trump lawyer and disgraced federal prosecutor Rudy Giuliani to turn over, within seven days, his NYC penthouse apartment (valued at around $5 million) and most of his valuable luxury items to Shaye Moss and her mother Ruby Freeman, the Atlanta, Georgia election workers who the disgraced former NYC Mayor (along with Trump himself) repeatedly defamed following the 2020 election. Late last year Giuliani was found liable for defaming the mother and daughter by using racist attacks to falsely claim they had tampered with ballots during tabulation in Fulton County, GA. A jury awarded them $150 million. They are about to collect a sizeable portion of that award. It's a small price to pay by Rudy, who ruined his own life while endangering and ruining the lives of others, all in service to Trump's Big Lie that the 2020 election was stolen from him. These are just a few of the countless lives ruined by the man who is running again for President for the sole reason that he needs stay out of prison.

• A strong signal was sent to all 2024 election officials in Arizona and around the nation on Monday, with the guilty plea [PDF] from an elected Republican Supervisor and MAGA election denier in rural Cochise County who had attempted to block the certification of results in the state's 2022 midterms. Peggy Judd pleaded her felony charge down to a misdemeanor after she and a fellow Republican Supervisor, who still faces trial in January, raised doubts about the accuracy of the county's computerized vote tabulators. The plea agreement, announced by AZ's Democratic Attorney General Kris Mayes, comes just days after a state judge in Georgia made clear that certification of election results is a mandatory, not optional, duty, even if officials may have questions about fraud or the accuracy of results. But, wait! Haven't we questioned the accuracy of computerized voting and tabulating systems in the past? Yes, we have! But there is a right --- and lawful --- way to do it, as discussed on today's show. And the way for candidates, elected officials and other voters to legally challenge results is in open court after the certification of results. That is particularly true in a County like Cochise where all voters are allowed to vote on verifiable hand-marked paper ballots.

• The Georgia Supreme Court on Tuesday upheld last week's lower court rulings that blocked new, last-minute polling place rules instituted by the MAGA-majority on the State Election Board. Opponents of the new rules argued they could be used as a pretext to bollocks up and/or delay certification [PDF] of this year's election results in the critical battleground state.

• In another critical battleground state, North Carolina, Donald Trump has apparently decided that changes made in 2020 to help voters safely cast their ballot in the middle of a pandemic were great after all! Well, Trump has decided they are great this year, anyway. At least for voters in the western, heavily Republican-leaning part of the state following devastation from Hurricane Helene just weeks ago. New procedures instituted to make voting easier for those affected by the deadly storm are just fine, apparently, according to the disingenuous, hypocritical, flip-flopping Trump. That, after he'd previously declared many of the very same or similar voting accommodations in 2020, after more than 230,000 Americans had died on his watch before the election, to be a "big scam" because he thought it might help Democratic voters.

• But, before we give Republicans in North Carolina too many plaudits for doing the right thing, CBS News finds that an 1,800-member strong group of self-proclaimed "election protection" activists in the state (read: Republican election deniers, in this case) are targeting those with "Hispanic-sounding last names" in a campaign to challenge certain voters on the rolls. Lee County, NC Republican Party Chair and head of the so-called North Carolina Election Integrity Team, James Womack was caught on video tape explaining how such voters may be "suspicious", as part of an eight-state effort to suppress the vote, headed up by longtime GOP "voter fraud" fraudster and Trump attorney Cleta Mitchell.

• Finally, Desi Doyen joins us today for our latest Green News Report, after Cuba is hit by an island wide power outage followed by a hurricane; Deadly deluges strike New Mexico, France and Bangladesh; Scientists declare the largest, longest coral bleaching event on record; And oil industry lobbyists prepare to reverse Joe Biden's landmark regulations if Donald Trump wins or steals the Presidency this year...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

If you find you today's BradCast informative, entertaining or helpful, please let folks on Twitter know. I suspect we won't otherwise get much traction over there today for some odd reason. [Audio link to full show follows this summary.]

It's amusing how, in April of 2023, not long after he purchased Twitter, Elon Musk was asked by Tucker Carlson about "New Twitter's" role in the 2024 election. His response: "The goal of new Twitter is to be as fair and even handed as possible. So, not following any political ideology."

That. Was. Darling! Just over a year later, Musk has leveraged his site almost entirely on behalf of Donald Trump, flooding his nearly 3 million followers with out and out false claims, often echoing the disgraced former President, including blatant, evidence-free lies about election fraud by Democrats.

That's in addition to the, at least, $100 million that the world's richest billionaire has plowed into political action committees to support a second term for Trump. One such Musk-funded group is called Future Coalition PAC. It is currently running a wildly cynical set of ads targeting Arab and Muslim voters in the battleground state of Michigan, claiming that "Kamala Harris Stands With Israel". The very same Musk-bankrolled group is simultaneously running ads targeting Jewish voters in battleground Pennsylvania with the message "Two-Faced Kamala Harris Stands With Palestine".

Another of Musk's PAC's recently created a website called Progress 2028, tailored to look like an official Harris Campaign page, while pushing decidedly false messages. ("Let's remove barriers for undocumented immigrants who are undocumented!") Apparently, all of that is legal. Though the group is also sending out false text messages, seemingly impersonating the Harris Campaign, pushing voters to the Progress 2028 website. That may not be legal.

But it was on behalf of yet another Musk dark money super PAC, the one he calls America PAC, in which he's invested at least $75 million, that, he announced over the weekend, that he will be giving away $1 million dollars to one lucky person each day --- so long as the person is registered to vote in a battleground state and signed his petition in support of the 1st and 2nd Amendments. Noted election law professor Rick Hasen, following the first big, lottery style check Musk handed out on stage Saturday during a rally in Pennsylvania, details how what Musk is doing is "clearly illegal vote buying". That's right. While using wild lies to make the evidence-free case that Democrats are committing election fraud, Musk is committing actual election fraud on behalf of Trump, each and every day between now and Election Day. (Anyone home, DoJ?)

His million dollar giveaways to encourage voter registration (a violation of 52 U.S.C. 10307(c), barring "offers to pay...either for registration to vote or for voting") began on the same day that Musk lied to attendees at a weekend rally in PA about Dominion Voting Systems somehow stealing the 2020 election for Joe Biden. (Similar lies cost Fox 'News' more than three-quarters of a billion dollars last year in a record settlement with Dominion to end the voting technology company's defamation suit against the rightwing propaganda outlet hours before the trial was to begin.)

We're joined today by the perfect guest to discuss all of the above and more. EDDIE PEREZ was formerly a longtime official at Hart-Intercivic, one of the nation's few major voting machine companies. He then went on to work as the chief of Twitter's Civic Integrity unit, back before Musk bought the social media site...when they still had a Civic Integrity unit! Perez is now on the Board of Directors at the nonpartisan, nonprofit, Open Source Election Technology (OSET) Institute and penned an oped for MSNBC last week headlined: "I ran Twitter's civic integrity team. Elon Musk has no idea how elections work."

In addition to debunking a number of Musk's false claims (no, Dominion doesn't even have voting systems in Philadelphia, for example!), Perez speaks to how Twitter (now ridiculously renamed X) has changed since Musk's takeover, turning it into a den of far-right conspiracy theories, hate speech and other dangerous nonsense.

"The degree to which the entire platform has obviously fallen off the deep end is incredible," he tells me. "I think it's fair to say Musk has thrown out the window any kind of commitment to having actual facts about the reality of how elections are run. What we have right now is basically a referendum on whether billionaires and oligarchs are going to shape the public's understanding of how elections are run. Are they going to do that by spreading false rumors and flooding the airwaves? Or are we going to listen to election professionals? And are we going to have standards and journalistic facts to educate the American people about how their elections are actually run with integrity?"

What would Twitter have done in the old days, before Musk purchased it, if someone like Musk had spread the disinformation he is now using the platform to spread? "Twitter took it seriously," says Perez. "What would have happened is there are different ways we would redirect users to actual, credible information. You do that not through censorship, not through taking things down. If you had a post that made an obviously false claim about some election process or voting, you might see a label on that Tweet saying, 'Here's some more information' [with links to credible sites, like the National Association of Secretaries of State]. They took it seriously. We're not going to slash and burn and taken people's posts down. But if we see an opportunity to send them to good information from trusted sources, why not do that? That helps voters. That helps democracy."

Perez also offers a number of pieces of advice on how listeners and voters can push back against the even larger avalanche of lies that is absolutely going to begin spewing forth shortly, in the event that Kamala Harris defeats Trump this year.

"They need to get their answers from their local elections office. You need to check your ballot before casting it. If you have a by-mail ballot and you haven't returned it yet, I recommend turning it in to a drop-box. And when you see inflammatory images [on social media and elsewhere], ask yourself, 'What's the story behind this? What's the context?' And find out where it came from" before blithely passing it along to others.

We've got a lot to learn from Perez today! Please tune in for a very lively, informative and, yes, at times, maddening BradCast!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Apparently it's Fascism Week on The BradCast, as the former President's rhetoric and threats become increasingly dark, and as all warning signs continue to blink brighter and brighter red, no matter how few seem to notice. [Audio link to full show follows this summary.]

BUT FIRST... before we get to our guest to discuss that today, a bit of mostly encouraging voting news out of two critical states...

• The first day of early voting on Tuesday in battleground Georgia smashed the state's record by more than doubling it, with at least than 328,000 ballots cast yesterday. Of course, that doesn't necessarily tell us who those voters were voting for. But the best news may be that lines were reportedly moving very quickly thanks to the state's new check-in procedure which is said to take seconds rather than minutes.

• More good news out of Georgia: After a state judge declared certification of results by County officials to be mandatory, as opposed to discretionary, in a ruling [PDF] released yesterday (they must do so by the deadline specified in state law, which is 5pm Monday following the Tuesday election), the same judge went on to temporarily block, at least for this election, a new rule instituted at the last minute by GA's MAGA-controlled State Elections Board mandating a hand-count of the number of ballots cast at the polling place at the end of the Election Day, before they are shipped off to the County. It's a smart rule, if poorly written. It's already done in many states. But the lateness of the adoption of that rule, according to the judge, threatens to result in chaos and confusion in an election that is already under way. (Late today, after airtime, a separate state judge blocked at least seven new SEB rules permanently, including the hand-count rule, declaring them "illegal, unconstitutional and void.")

• The Nebraska Supreme Court today spanked the state's Republican Sec. of State and Attorney General for their attempt to block a law adopted by the Legislature earlier this year mandating the immediate restoration of voting rights for people who have completed the terms of their felony sentences. That means hundreds or thousands of additional residents may now be able to vote this year in a state which could determine who wins the White House and which party wins control of both chambers of Congress.

THEN... we're joined by longtime domestic extremism expert, journalist and author, DAVID NEIWERT to discuss the increasingly fascistic and alarming rhetoric and threats by Donald Trump --- and his supporters --- as Election Day nears.

The disgraced former President and convicted felon has, in recent days, added "the enemy within" to his ongoing threats of mass deportation of millions of migrants, citing his perceived domestic political enemies as "more dangerous" than foreign threats and suggesting he might use the National Guard or active duty U.S. military to take them on, if elected to another term in the White House.

Retired top military officials are now warning about the threat that Trump poses to the nation, its people and its Constitution, with Trump's own Chair of the Joint Chiefs of Staff, General Mark Milley, recently describing him as "a total fascist" and "the most dangerous person to this country."

"The road to fascism is lined with people telling you to stop overreacting," Niewert, who has been warning about Trump's fascist tendencies for at least 9 years (read this, for example, from his blog back in 2015), quips today. "But I think in the past year, the mask has really come off. Especially in the last few months --- the explicit eliminationism" and his suggestion of directing the military against "the enemies within."

And, yet, the race, according to pre-election polling averages, is said to be a tie. Does half of the voting public not take Trump's threats seriously? Do they not know about them? Or do they know and take him at his word, but don't care and actually want such a ruler for the U.S.?

"I would say about two-thirds of the population is in basic denial about it," Neiwert tells me. "The vast majority, both Democrats and Republicans, they don't acknowledge that this stuff is happening, that this stuff is being said, and is building force." But, in particular, he notes, "The Republican Party is now really wholly owned by this element of the right," after having "utterly failed to redeem itself from that horrific moment [on January 6th, 2021] and instead has just doubled down."

The prolific Neiwert, whose most recent book is The Age of Insurrection: The Radical Right's Assault on American Democracy, has penned three books during the Trump-era, including 2018's Alt-America: The Rise of the Radical Right in the Age of Trump and Red Pill, Blue Pill: How to Counteract the Conspiracy Theories That Are Killing Us in 2020. After years of contributing to both major media outlets and smaller blogs alike, he also now writes on similar topics at his Substack page.

Today, he discusses how and when what was once describes as the "alt-Right" movement, eventually came to take complete hold of the GOP. "What we're really talking about here is authoritarianism," he argues. "It began really gathering steam in the early 2000s. Ultimately, the origins of that had to do with 9/11. The sheer flood-tide of fearmongering that erupted across the country and was sustained for years in the wake of 9/11. It had a really profound effect on the national psyche."

"You can actually jack up the levels of authoritarian personalities, the authoritarian response within the country, by fearmongering. That's why Trump's whole appeal all along has been fearmongering. He's fearmongering about the immigrants, the crime, Black people, whatever it is he can fearmonger on. That's how you get people to get into what I call an 'authoritarian crouch.'"

And that's where we now are, he explains, with Trump's first term "a practice run," Neiwert suggests we ain't seen nothing yet if Trump wins this year.

"I don't think Americans have any idea what that's going to look like, to have mass police raids, rounding up Latino families, taking people away and breaking up families and frequently deporting actual citizens. If Trump wins and he goes about doing the mass deportation, it's going to make America into a police state. And I don't think Americans are prepared for what that's going to look like."

Before we get there, of course, we've got to get past the election, which Neiwert predicts, if Trump loses, could look like "the Brooks Brothers riot times ten. Which, in a way, is what January 6 was about, too." But, aside from voting, what can be done to change the course this nation seems to be on? For that, tune in. Members of the mainstream corporate media may not like Neiwert's answer, given his argument that "the media plays a central role in all of this because they're the ones constantly telling us to stop overreacting" as they've spent years effectively working to "normalize Trump's behavior...normalize fascism."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)