I mentioned it a few times last week on both The BradCast and Green News Report, but we are gonna be off this week for travel over the Independence Day holiday and I'm gonna try to stay offline as much as possible. For those who may have missed the heads-ups last week, however, and might be wondering where we are this week, that's where!

We're back next week and, of course, always greatly appreciate anything you can leave in the tip jar to help us fill up what is usually our old Prius tank. This time, unfortunately, it's an SUV tank(!), since someone side-swiped us a few days ago and we had to scramble to get the Prius into the body shop and pick up a last minute rental car before hitting the road. Prius temporarily sidelined by full gas guzzler! Because it's just been that sort of a week, I guess. So, onward, and thanks for any help in advance!

I hope everyone here, nonetheless, has a safe, healthy and somehow peaceful 4th of July holiday! --- Brad

It is well above my paygrade or knowledge base to determine if Joe Biden is fully unfit to run for a second term, whether his debate night performance was an unfortunate one-off bad night or, if as seems more likely, his age is outrunning him.

But if those who know him best and work most closely with him (Congressional leaders, family members) believe it is time for him to step aside for the good of the nation, in service of ensuring the threat that Donald Trump represents and promises does not come to pass --- and, crucially, if Joe Biden himself agrees --- there is a reasonably simple, orderly, largely drama-free path for him to do so in the short time now left before both the Democratic Convention and general election...

It's our last BradCast before time off for travel over the holiday next week. Unlike years past, it looks like SCOTUS will be late in releasing all of their opinions for this term before its normal end this week, so we won't be here to comment immediately on some of the biggest decisions (or on tonight's Presidential Debate) until after our return. But we've got plenty to cover from the corrupted rightwing Court already this week, including with a guest today who suggests the analysis by many legal experts on yesterday's ruling striking down yet another part of federal public corruption law has been somewhat misleading. [Audio link to full show follows this summary.]

Among the big SCOTUS decisions still to come, is a case regarding the "Chevron Doctrine" which, for decades, has given legal deference to federal agency experts over judges or corporate challengers, when it comes to the interpretation of federal laws through rules and regulations promulgated by those federal agencies. That could all be about to change, with enormous consequences first for the EPA, but also across the entirety of the federal government --- or, the so-called "Administrative State" as rightwingers have taken to deriding it. We explain the doctrine and some remarkable ironies behind the Court's upcoming ruling, whatever it may be, today.

But the corrupted, stolen and packed rightwing Supreme Court did manage to issue several rulings today. Among them....

• The Court rejected a multi-billion dollar nationwide opioid settlement with OxyContin maker Purdue Pharma and its owners, the Sackler family.
• In a clear win for corporate interests, they gutted the SEC's ability to carry out in-house proceedings on civil fraud complaints, requiring federal jury trials instead in an opinion likely to have far-reaching effects on other regulatory agencies as well.
• SCOTUS also kicked a Presidential election year hot potato down the road for another day by allowing Idaho hospitals, for now, to perform emergency abortions under federal law, even though the procedure is barred under state law.
• And, as we also discuss with Desi, the High Court blocked, for now, to the EPA's "Good Neighbor" rule which limited air pollution from power plants and other facilities that pollute downwind states. While the regulation has already substantially lowered pollution --- and saved lives --- in the states where it is in place, the Court prevented the EPA from enforcing it until after lower court challenges by largely Republican-controlled states and several industries are completed.

NEXT... On yesterday's show we critically covered the Wednesday SCOTUS ruling in Snyder v. U.S. [PDF], an opinion which overturned the conviction and 21-month prison sentence of an Indiana Mayor who received a $13,000 check from a company just two weeks after his city had granted them a contract worth more than a million dollars. The Court's rightwingers determined that the federal statute in question only applies to out-and-out bribery cases, where a quid pro quo was agreed upon before a public action. After-the-fact "gratuities", the Court's six Republican-appointees ruled, are apparently just fine. Or, at least, not unlawful under their reading of the federal statute in question.

While many legal analysts and experts have derided the ruling since it was issued on Wednesday, our guest today, RANDALL D. ELIASON, former chief of the Fraud and Public Corruption Section at the U.S. Attorney's Office in D.C., now a white-collar criminal law professor at George Washington University Law School, had a different take that he posted to Twitter yesterday: "I have no problem with the Snyder decision, that 18 USC §666 covers only bribes and not gratuities. I think that makes sense."

Really? Why? Today Eliason joins us to explain why the law --- which, as Justice Ketanji Brown Jackson notes in her dissent with the Court's other liberals, "imposes federal criminal penalties on agents of those entities who 'corruptly' solicit, accept, or agree to accept payments 'intending to be influenced or rewarded'" --- can arguably be interpreted as applying onlyto before-the-fact bribes, as opposed to after-the-fact "gratuities", as they are described by the Court's majority.

"I'm not happy about the outcome," Eliason concedes today. "You're right that there's been a pattern of decisions over the last more than a decade narrowing public corruption laws, and I've been critical of a lot of them. And I've been on your program being critical of a number of them in the past."

"So I'm not happy about the outcome. But I don't think the majority is being unreasonable in this particular decision. Because what this decision is about is not whether the conduct of the Mayor is a good thing, or whether it should be prohibited. It's just about the language in this particular criminal statute that Congress drafted. And it's really a badly drafted statute. It's poorly written. It's confusing. And even though the lower court in this case had upheld his conviction, several other federal courts of appeals had said the same thing, that this law does not apply to gratuities, and agreed with Snyder."

He explains that there is "a real legal distinction between a bribery and a gratuity", and that other federal statutes prohibit them both. But in this case, §666 is less than perfectly clear. And, when there is a "tie" in legal interpretation, the tie is supposed to go to the defendant who, the Court noted, can still be held accountable for accepting a gratuity under state and local laws.

"You see a lot of headlines in the wake of this decision: 'Supreme Court says bribery is okay.' No, the whole point was it wasn't bribery. It was a gratuity, which is something far less serious. And the issue was does this particular statute cover this kind of gratuity? The answer is no. I think, based on the way that statute is written, it's a reasonable outcome."

While I'm not sure I fully agree --- and even he notes that Justice Jackson makes several good arguments in her dissent --- Eliason's expertise and insight into the laws in question shed welcome light on this otherwise seemingly corrupt ruling.

On a related note, we also discuss how all of this might apply to the arguable millions of dollars in "gratuities" that members of SCOTUS, like Clarence Thomas, have accepted over the years and whether that might play into the Court majority's opinion. And how Congress, had they not become completely dysfunctional in recent years, could easily clarify this issue through simple legislation.

On one other matter before we finish our conversation with Eliason today, he offers his thoughts on SCOTUS' upcoming Fischer decision regarding whether the statute used to charge hundreds of January 6 defendants --- including Donald Trump --- with "obstruction of an official proceeding" may be struck down by the Court. Eliason is "pessimistic" about what is likely to happen, though believes that even if the Court strikes it down for use against many of those charged for the J6 insurrection, that "there's a good chance that the charges against Trump would still survive."

FINALLY... Before we disappear for the next week, Desi Doyen joins us for our latest 'Green News Report', with more thoughts on the imperiled Chevron Deference Doctrine; Climate disaster upon climate disaster this week for a New Mexico town; and some very good news indeed for President Biden's job-creating climate law...

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IN TODAY'S RADIO REPORT: New Mexico town grapples with cascading consequences of simultaneous weather disasters; Environmentalists on edge awaiting critical US Supreme Court ruling; PLUS: Good news! Biden's climate law has created more than 300,000 clean energy jobs... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Environmental rulings to watch at the Supreme Court; Summer heat brings new misery to Palestinians in Israel's war on Gaza; We've been accidentally cooling the planet - and it's about to stop; Rising sea levels will disrupt millions of Americans' lives by 2050, study finds; Second wave of devastating floods hits Bangladesh in less than a month; Next-generation geothermal will soon power Southern California's grid; Trump says clean energy is a scam, and that could benefit China... PLUS: Scientists found another way we're exposed to 'forever chemicals': Through our skin... and much, MUCH more! ...

Stand by for news --- some good-ish, some not-ish --- on today's BradCast! [Audio link to full show follows below this summary.]

First up today, some noteworthy results from yesterday's primary elections. Among a bunch of races covered today from four different states...

• Progressive New York "Squad" member Rep. Jamaal Bowman was soundly defeated in his 16th District U.S. House primary race by longtime local Democratic official George Latimer in what was, notoriously, the most expensive House primary ever run. The cost of the contest was largely due to the American Israeli Political Affairs Conference (AIPAC)'s investment of millions of dollars to defeat Bowman, who, among other sins, described Israel's war in Gaza as a genocide. That said, as many pointed out before Tuesday and as we detail today, Bowman, as a movement progressive, was likely to have lost this race anyway in a very diverse "normie Dem" district, even without the flood of AIPAC money.

• Far-right Colorado Rep. Lauren Boebert's carpetbagging jump from her right-leaning, but swingy-ish 3rd District to the farther right 4th district --- after barely winning in the 3rd in 2022 by just a few hundred votes --- paid off as she managed to beat off three other Republicans to win the GOP nomination in the new district on Tuesday and, with it, most likely, another term in Congress this November.

• U.S. Rep. John Curtis, a not-insane, Mitt Romney-like, pro-climate action Republican from Utah, defeated a Trump-endorsed opponent to win the GOP nomination to fill the seat being vacated by the retiring Romney in the very red, but not completely Trumpy state this November.

• Another Trump-endorsed Republican lost, if narrowly, on Tuesday to Republican Sheri Biggs in South Carolina's primary runoff election for the U.S. House in the state's solidly red 3rd Congressional District.

And, some noteworthy news today from the corrupted U.S. Supreme Court, where a number of still-outstanding decisions remain, suggesting they may still be releasing opinions after the usual end of term in June, after we'll be on break over the Independence Day holiday week. Among the still-unreleased opinions are two that relate to criminal accountability for Donald Trump. It's up to you if you want to check out the (seemingly encouraging) abortion-related opinion that the Court appears to have accidentally released prematurely on their website for a few minutes on Wednesday morning. Beyond that, the two they meant to release today include...

• A seemingly absurd finding that federal law does not prevent payoffs by private parties to public officials after an official has done something --- such as award a multimillionaire contract --- to the private party. The case overturns a conviction against an Indiana Mayor who received $13,000 after fixing the bidding process to award a million-dollar contract to a local trucking company. A payoff, or an agreement for one before such the contract was awarded, in a direct quid pro quo, would be considered unlawful bribery. But a payoff after the action in question, no matter how much, is considered a "gratuity" that, the Court ruled [PDF] in a 6 to 3 partisan decision today, is not barred by federal law. State and local jurisdictions may still prosecute such payoffs under their own laws, however, if they wish.

• In a slightly more encouraging 6 to 3 ruling [PDF] today --- with three Republican-appointed Justices joining all three Liberals in the majority opinion --- the Court sided with the Biden Administration to reject claims by several Republican states and private plaintiffs that federal officials were unconstitutionally forcing social media sites to remove posts by so-called conservatives. The Court ruled that Plaintiffs had no standing here, since they all failed to demonstrate they faced any Constitutional harms by actions taken by federal officials --- in both the Trump and Biden Administrations --- to advise social media companies like Twitter and Facebook about potentially dangerous or misleading posts regarding COVID-19, election integrity and more.

And finally, on his HBO show last week, Bill Maher lauded Maryland's Democratic Governor Wes Moore for recently announced pardons to tens of thousands convicted over the years under state marijuana laws that have since been lifted. Maher then lamented how sad it was that Joe Biden wasn't smart enough to do the same thing at the federal level...even though Biden did exactly that two years ago when he also encouraged state Governors like Moore to do the same, as most marijuana convictions are at the state level. Of course, we covered both Biden and Moore's pardons as they happened. But, since Maher apparently never heard about it, I also want to make sure that at least you know about the new set of pardons issued today by the Biden White House...

• As the military news outlet Task & Purpose reports: "U.S. troops who were convicted under a now-defunct military law that targeted gay service members will receive formal pardons, the White House announced Wednesday." The pardons will apply to thousands of LGBTQI+ troops who were discharged, going back to 1951, for military rules that have since been removed and/or found unconstitutional. Said President Biden in a statement: "Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves." I hope someone tells Bill Maher before he misinforms millions yet again...

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Quite literally, as I signed off at the end of yesterday's show, a ton of alerts popped up on my iPhone with some pretty big and surprising news. News that turns out to be far more complex and/or nuanced than many seem to appreciate. So, that's where we pick things up on today's BradCast. [Audio link to full show follows this summary.]

BUT FIRST... As voters headed to the polls today in New York, Colorado, Utah and South Carolina for the last group of Congressional Primary Elections before next month's Republican National Convention, we're still keeping our eyes on a primary election from last week in Virginia.

Far-right Republican Rep. Bob Good, Chair of the far-right House Freedom Caucus, is currently just about 375 votes, out of more than 62,500 tallied, behind the even farther-right Republican state Sen. John McGuire in the GOP primary contest in VA's 16th Congressional District. With a margin that slim --- less than 1% --- whoever is certified next week as the winner of the currently "too close to call" race has every right to seek a recount. But Good --- who was opposed in the race by both Donald Trump and former Speaker Kevin McCarthy for various offenses against them --- is already on the offensive, charging that "this race cannot and must not be certified." He is claiming (without evidence, to date) "inappropriate activity" related to drop box voting in Lynchburg City, the largest in the district, that should prevent all votes in the city from being certified. That, even before a recount, apparently.

Good's own colleagues (all largely 2020 election deniers themselves!) appear to be laughing at him. Or worse. "No one is buying it," one House Republican told Axios. "What a loser," said another. "F**k Bob Good," said still another. But a Republican-turned-independent who lost to Good in 2020 may have best summed things up: "I don't find it surprising that an election between an election denier and an election denier would end with one of them denying the election was fair based on conspiracy theories."

In any event, we'll be watching and doing our best to ensure a fair, transparent recount, hopefully by hand and overseen by the public. We'll also be popping a fair amount of popcorn as it all plays out.

THEN... News broke last night that WikiLeaks' founder Julian Assange had, at long last, struck a plea deal with the U.S. Dept. of Justice after years in a British maximum security prison fighting extradition to the U.S. and, before that, seeking asylum in the Ecuadorian Embassy in London. Assange was facing charges filed in 2019 by Donald Trump's DoJ related to the release, beginning in 2010, of a trove of stolen classified documents, many of which related to alleged war crimes carried out by the U.S. in Iraq and Afghanistan. But many of the documents were related to other things that were less than criminal or even newsworthy. And some, in fact, put a number of people in grave danger.

Moreover, as our guest --- a journalist who wrote a number of articles based on WikiLeaks documents herself --- details today, many of the documents were obtained via unlawful hacking that Assange himself appears to have participated in. Other documents published by WikiLeaks, such as a trove of emails from the Democratic Party and Hillary Clinton's Campaign Chair, are believed to have been hacked by Russia and given to WikiLeaks for publication before the 2016 Presidential election with dubious or no news value whatsoever.

Still, Assange and his supporters have maintained that WikiLeaks is a journalism outfit and, as a journalist, he can't be held to account under U.S. law for simply publishing documents in the public's interest, even classified or stolen ones --- at least if he was not involved in the theft.

But there is far more to the story, as detailed on today's program by longtime, independent national security journalist MARCY WHEELER of EmptyWheel.net. As of airtime, the plea agreement detailing the single charge he agreed to plead guilty to --- reportedly related to the Espionage Act --- had not been released. But Wheeler attempts to clear up some of what she characterizes as propaganda that has long been circulated by Assange's supporters.

"His hacking into other countries started before he reached out to Chelsea Manning," the military intelligence analyst who turned over reams of documents to WikiLeaks, Wheeler tells me. Among the documents from Manning was the famous "Collateral Murder" video, revealing U.S. helicopter pilots gunning down 11 people in Iraq, including 2 Reuters journalists. Wheeler charges that Assange "tried to help Chelsea Manning break a password. Then the hacking conspiracy continued through 2016. In other words, the attempt to get other people to hack things. It was a larger hacking conspiracy that other people pled guilty to and went to jail for." All decidedly not the behavior of an actual journalist, she says.

She details the "very, very deliberate effort on the part of Wikileaks to hide the fact that the hacking conspiracy started before, and continued long after, the Chelsea Manning stuff," and notes, by way of another example, that, "in 2015, WikiLeaks helped Edward Snowden [a national security whistleblower] flee to Russia."

"That's not something journalists do," Wheeler asserts. "You might think it's honorable or heroic, but that's not something journalists ever do."

Of course, if the charge against Assange relates only to journalistic activity, but not hacking, then, Wheeler believes, it would be a serious threat to press freedoms, "this precedent of somebody being prosecuted for publishing something, especially if they've taken the hacking part away entirely."

Wheeler was "reasonably comfortable" if hacking was tied to the charges against Assange, "but once you take the hacking away, yeah, it is a terrible precedent we should all be worried about."

"Regardless of how much you hate Julian Assange, or regardless of whether you think what he did was newsworthy, just the precedent is a worrying precedent," she warns. "That may be what we're left with going forward."

UPDATE 6/26/2024: With the plea agreement [PDF] now released, Wheeler has a detailed article on the "Damaging Precedent of the Julian Assange Espionage Guilty Plea" that, as she explains, fails to focus "on the alleged hacking, which always distinguished Assange from journalists". She notes, "This plea could have been written in a way that limited the damage of the precedent. For reasons we have yet to discover (but which may have been dictated by Assange’s side, not DOJ’s), it was not.":

FINALLY... Desi Doyen joins us for our latest Green News Report with Climate Change Gone Wild as summer begins, with disastrous record flooding in the Upper Midwest compounding record heat and wildfires already over much of the country. And, with hurricane season heating up, FEMA warns of a shortfall in disaster funding if Congress doesn't act quickly...

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IN TODAY'S RADIO REPORT: Extreme heat and costly, historic flooding wreak havoc across U.S.; FEMA warns of disaster funding shortfall, as storm season is just getting underway; Climate change is making home insurance unaffordable; PLUS: Global warming turbocharged Mexico's deadly heat wave, and doubled the frequency of extreme wildfires... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Burn-off of toxics in Ohio derailment was unnecessary, NTSB investigators say; Escape from killer New Mexico wildfire was 'absolute sheer terror'; Southern China faces heavy floods, and landslides kill at least 9; GOP ramps up effort to block Biden rule that saves Americans $2 billion on energy; Oil lobby is stifling efforts to reform oil well cleanup in state after state; Joe Biden's climate law has created more than 300,000 clean energy jobs... PLUS: Hawaii settles lawsuit from youths over climate change... and much, MUCH more! ...

Today on The BradCast: Either Trump wins or the nation gets it, apparently. [Audio link to full show follows this summary.]

For months now, the Republican propaganda outlet known as Fox "News" has been leading the rest of the rightwing echosphere in misleading the public about this year's election. To listen to their 24/7 lockstep message, it is a metaphysical impossibility that Donald Trump could lose this November. If he does, it can only be because Democrats have stolen the election "again", as "they did in 2020."

While its hosts almost certainly know better, they have been characterizing Joe Biden as so old and feeble --- and Trump so wildly popular --- that there can only be one legitimate outcome this year: a Trump victory. A Trump landslide, in fact. Anything short of that is, as Fox is dangerously grooming its brain-poisoned viewers to believe, due to massive fraud carried out by Democrats.

We're joined today by MATT GERTZ, longtime Senior Fellow at Media Matters for America, to discuss his research --- detailed in an op-ed last week --- on how "Fox News is helping Trump plan another Jan. 6-style assault on democracy."

"If you look at the last two presidential elections --- in 2016 Donald Trump won, in 2020 Donald Trump lost --- the one thing that they have in common is that in both cases, Donald Trump claimed to have been the victim of massive election fraud," Gertz tells me today. "He always does this. It is the most predictable thing in politics, that Donald Trump will claim he is the victim of election fraud with no evidence to that effect." But now, of course, Fox "News" is joining in on the scam and the "guard rails" that were in place in 2020 in the Republican Party are all now all but gone, warns Gertz.

"What Fox News, and the rightwing media more broadly, has been doing over the past several years, is prime their audiences to assume that any election that doesn't end with a massive Trump victory is the result of illegitimate votes being cast, that it is a rigged election against Donald Trump and they should respond with all possible action to prevent Joe Biden from being allowed to remain in office if he wins."

"What's different now is that they know what the result can be," charges Gertz. "They know that all of these claims about election fraud incite their viewers, that it leads them to even march upon the Capitol to try to prevent the peaceful transition of power. And they're doing it anyway."

I have been wondering aloud of late which outcome concerns me the most, a Trump victory or a Trump loss. It might be a toss-up right about now...

THEN... We've been covering the oppressive heat dome across much of the nation --- and elsewhere in the world --- for some time now. Last week, we added wildfires in several states to the mix, along with the first named storm of hurricane season spinning quickly up before slamming Mexico and the southern coast of Texas. Now we can add massive flooding to the mix, as several states in the Upper Midwest --- where South Dakota, Iowa, Nebraska and Minnesota meet --- inundated over the weekend with as much as eight times their typical rain fall for this part of the year. In one town, the flood gauge was submerged!

Many of those states are run by Republican Governors who are also climate change denialists, reminding us, yet again, that the stakes this November could not be higher, as Trump has vowed to rollback all of the landmark climate achievements of the current President.

In related news, as temperature records are being shattered around the globe, at least 1,300 pilgrims at the annual Hajj in the Saudi Arabia's city of Mecca died from heat stroke as temperatures climbed above 124 degrees Fahrenheit. And, oddly enough, back here in California, on the central and northern coast, unseasonably cold ocean temps --- due to a bizarre weather pattern from Oregon --- have led officials to issue warnings to beach goers to stay out of the water for any length of time to avoid hypothermia, even as temperatures inland climbed over 100 degrees this weekend. More madness and chaos in our climate changed world...

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Given the rarity of the event, and what it said to portend, we're taking a few lessons, and warnings, from Lakota legend on today's BradCast. [Audio link to full show follows this summary.]

Last week, it was reported that a white buffalo calf was discovered to have been born among thousands of brown bison in Yellowstone National Park. That is never before known to have happened. And though no one is able to explain exactly how it did --- the calf is white, with a black nose, eyes and hooves, as opposed to albino, in which case the eyes would be pink --- its birth, in native American lore, is said to be akin to the second coming of Christ, according to Chief Arvol Looking Horse, the spiritual leader of the Lakota, Dakota and the Nakota Oyate in South Dakota. He is also the 19th keeper of the sacred White Buffalo Calf Woman Pipe and Bundle. (All explained, as well as we can, on today's show.)

The birth of the rare white buffalo, according to Lakota prophecy, portends better times. That's the good news. It also is said to serve as a warning that more must be done to protect the earth and its inhabitants. We take both that encouraging news and its accompany warning to heart on today's program.

To that end, a few of the stories/warnings we cover on today's show...

• A new study finds nearly 2,000 children under five are now dying every day from air pollution. Yes, you read that correctly! That, and a number of other alarming new studies we've reported on in recent weeks --- such as the 50,000 Californians killed by chronic exposure to wildfire smoke from 2008 to 2018, and the $250 billion in climate and health benefits thanks to wind and solar over four years amid Joe Biden's renewable energy boom --- underscore the critical, life and death stakes of this year's Presidential election.

• If all of that isn't warning enough, perhaps the oppressive heat wave across much of the nation today --- and for at least the next week --- may help Americans appreciate the importance of this coming election, as Donald Trump has vowed to his fossil fuel industry donors that he will reverse all of President Biden's unprecedented, landmark climate achievements.

• Some good polling news today --- from Fox "News"(!) --- for Joe Biden, following Trump's 34 felony convictions last month in New York related to his rigging of the 2016 election with hush-money payments to a porn star. In short, Biden now narrowly leads Trump in a head-to-head contest, according to Fox' latest national survey, by 2 points, 50% to 48%. There are a whole lot of caveats on this, but the more noteworthy news is that the new numbers represent a 3-point swing in Biden's direction since Fox' last national survey in May, and a 7-point swing since March. There is other news of note from this poll, including that Biden also now tops Trump when polling is expanded to include Robert F. Kennedy Jr., Jill Stein and Cornel West, who will be on the Presidential ballot in a number of states as well this November.

• The stock price for former President's latest grift is tanking again. Bigly. The company known as Trump Media and Technology Group, which has just one wildly money-losing venture (his failing Truth Social site) has tanked in market value an astonishing 50% since his felony convictions last month. On Thursday alone the stock price, which trades as "DJT", plummeted by more than 14.5%, after skidding by about 35% over the past week. A lot of MAGA dupes dumb enough to invest in this loser have lost a whole lotta money this month.

• Next Thursday's first 2024 President Debate is now set, according to CNN. It will be a two-man affair between Trump and Biden only, with RFK, Jr. (and the others) failing to meet the polling and ballot criteria set by CNN. The debate will be 90 minutes long, will have no studio audience, and the participants microphones will be turned off when it is not their turn to speak. It will be moderated by CNN's Jake Tapper and Dana Bash...and we wish them well.

• Finally, as record wildfires, heat waves and the first named storm of this year's hurricane season explode across the nation (and world), Desi Doyen is here with our latest Green News Report. On all of that, and the even more devastating impacts of our quickly worsening climate crisis...

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IN TODAY'S RADIO REPORT: Extreme heat intensifies across Eastern U.S. as Tropical Storm Alberto kicks off hurricane season; Deadly wildfires force evacuations in New Mexico; Delhi, India and Saudi Arabia hit astonishing record temperatures; PLUS: U.S. schools grapple with the impacts of extreme heat... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Summer of extreme heat could worsen FEMA disaster funding shortfall; UN food chief: Poorest areas have zero harvests left; Billion-dollar weather disasters are soaring again this year. Here’s why; Miami is entering a state of unreality; Dr. Michael Mann on heatwaves: 'No economy on a dead planet'; The delusion of advanced plastic recycling using pyrolysis... PLUS: US acknowledges Northwest dams have devastated the region’s Native tribes... and much, MUCH more! ...

Today on The BradCast we try and nip another completely false, outrageous rightwing Zombie Lie in the bud before it eats too many brains and becomes canon in the Wingnut Multiverse. Wish us luck. [Audio link to full show follows below.]

But first, a few news items today...

• Extreme, climate change-fueled weather is now pretty much just exploding everywhere. Today, the two latest chapters: a pair of deadly wildfires in New Mexico and "A" is for "Alberto", the first named storm of what is expected to be an exceptionally busy and intense hurricane season given the unprecedented record warmth of ocean waters. This particular storm, in the Gulf, appears to be heading toward Mexico, though its already grazing parts of Texas with a ton of water.

• Tuesday's Congressional Primary elections in Virginia, Oklahoma and Georgia appear to have gone off smoothly enough for now, with the biggest story coming out of Virginia in the Republican primary for the 5th U.S. House District. Far-right Freedom Caucus Chair Rep. Bob Good was thought to be all but done for, as he was targeted by both Donald Trump (because Good dared to support DeSantis in the Presidential Primary) and former House Speaker Kevin McCarthy (because Good was one of eight Republicans who voted him out of the job earlier this year.) An even farther Right, well-funded state Senator by the name of John McGuire was set to easily unseat Good, and still might. But, as of airtime, there are just 321 votes between them out of more than 62,000 tallied to date. Counting of late mail-in will resume tomorrow between the two election deniers following a break for today's Juneteenth federal holiday.

• And, down in Louisiana today, far-right lawmakers and the state's new far-right Governor Jeff Landry have decided they don't care much for the U.S. Constitution's establishment clause, and have decided to mandate that the Ten Commandments must be posted in every public elementary, middle school, high school and college classroom in the state. That'll show those U.S. Constitution loving heathens! The effort is obviously an attempt to bring the matter to the U.S. Supreme Court in hopes that its corrupted rightwing majority will overturn decades of precedent respecting the separation of church and state. And I bet they will.

THEN... Last September, California's Democratic Gov. Gavin Newsom signed a new state law to increase the minimum wage for fast food workers at national companies with more than 60 stores from $16/hour to $20/hour. Before it even took effect on April 1 this year, Rupert Murdoch's rightwing media outlets (Wall Street Journal, NY Post, Fox "News") were working overtime in cahoots with an outfit calling itself the California Business and Industrial Alliance (CABIA) to claim that thousands of fast food jobs had already been cut after Newsom signed the bill into law.

A UCLA Economics Professor by the name of Lee Ohanian either went along with it or fell for it, detailing the supposed massive job loss in an article at the right-leaning policy think-tank called the Hoover Institution, part of Stanford University, citing WSJ's misleading employment statistics. It all offered a nice academic patina to the (false) claim that nearly 10,000 fast food workers had been laid off between last September and January, thanks to Newsom and California's Marxist policies.

CABIA then happily cited the "Hoover Institution" in a full-page advertisement in USA Today earlier this month, a mock obituary declaring "In Memoriam: Victims of Newsom's Minimum Wage". The ad cites Hoover for its claim that "nearly 10,000 fast-food jobs" were lost "after $20 minimum wage signed last fall." The ad details all the hard times for poor McDonald's, Burger King, Pizza Hut, Subway, Rubio's California Grill, and about half a dozen others. All victims of California's impossible idea that people who work should receive a living wage in exchange.

Turns out, as our guest today, Pulitzer Prize-winning business journalist and author MICHAEL HILTZIK reports at the L.A. Times, the claim, the statistics used and the entire argument put forth by WSJ, NY Post, Fox "News", CABIA and Hoover is all "baloney, sliced thick." And Hiltzik has the receipts from the U.S. Bureau of Labor and Federal Reserve to prove it.

In fact, Hiltzik details, as it turns out, fast food employment actually went up from last September to this past January --- when using seasonally adjusted figures --- and even continued to go up after the law took effect on April 1, with employment in the sector outpacing April of 2023 (apples to apples!) by nearly 7,000 jobs.

"What we're dealing with here is the misuse of employment figures by essentially using non-seasonally adjusted figures, rather than what CABIA and the Wall Street Journal should be using, which is seasonally-adjusted," Hiltzik tells me, describing the scam. "When you have an industry in which employment fluctuates during the year for seasonal reasons, you have to use seasonally-adjusted figures. That's the case with fast food restaurants. Everyone in the restaurant industry knows this. Employment in restaurants peaks in September, year after year after year. You have to compare each month to the same month in other years, and that's why the Bureau of Labor Statistics says that, in fact, employment in the sector in California went up compared to the same earlier period."

"Any economist knows that you absolutely must use seasonally-adjusted figures. The Wall Street Journal didn't seem to know this, even though they're supposed to be experts in finance and the economy," he scoffs.

Hiltzik describes the Murdoch/CABIA/Hoover sleight-of-hand as "fabricated" and "false", and we discuss why it's happening --- an has been nationalized --- in the first place. He also debunks the lie that Rubio's Grill has had to close 48 stores across the state thanks to CA's new leftist law. (Spoiler: It was private equity, not the $20 min. wage, that dunnit.)

For the record, though Ohanian, the UCLA professor who laundered the Journal's purposely misleading numbers at the Hoover Institution, admitted to Hiltzik that he got it wrong, his April 24, 2024 article is still posted there without correction or retraction...

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California may be a progressive state. But when it comes to election recount laws, we remain in democracy's dark ages.

In 2012, I requested the first ever recount for a statewide ballot measure (Proposition 29) in California state history. I later advised statewide recounts for Proposition 37 in 2012 and the Controller's race in 2014. I helped Assemblyman Kevin Mullin craft 2014 legislation allowing a taxpayer-funded recount for any statewide contest with a margin "less than or equal to the lesser of 1,000 votes or 0.00015 percent."

That legislation was very narrow and did not mandate automatic recounts for Congressional races. This past May, the Santa Clara and San Mateo County Registrars certified March 5th's U.S. House primary race as a tie for second place between Evan Low and Joe Simitian which, in some states, triggers an automatic recount. In California, however, current law indicated that both Low and Simitian would advance, with first-place finisher, Sam Liccardo to the first Top-THREE general election in California's history. (Since 2010, the state has held Top-Two primaries, where candidates from all parties run against each other in the primary and the two top vote-getters advance to the general, regardless of party. In this case, all three candidates are Democrats running in a very liberal leaning part of the state.)

Instead of all three men advancing, however, a voter named Jonathan Padilla stepped forward to request a hand recount --- as any voter is allowed to under state law, assuming they are willing to pay for it. The law also requires that requestors name the candidate on whose behalf they are seeking the recount. Though neither Low nor his campaign was involved in the request, Padilla cited him as the candidate on whose behalf he was seeking the new count. He did so with the expectation, per California law, that the money would be refunded if the final outcome of the election changed to benefit Low.

After being presented with an initial estimate that a hand recount could cost as much as $500,000, Padilla sought a less-expensive machine count, which, in the past, have been proven to be less accurate...

There are just 140 days until the November 5 General Elections. Threats against them by adversaries both foreign and domestic are simmering and/or growing. We discuss some of them --- and much more --- on today's BradCast. [Audio link to full show follows this summary.]

Among our stories today...

• Kari Lake loses yet again. This time, it's the Arizona state Court of Appeals which has, again, rejected her claims that the 2022 gubernatorial election was stolen from her when she lost it by some 17,000 votes to Democrat Katie Hobbs.

• Unexplained mass texts, warning of voter intimidation, falsely suggesting they were sent by the Spartanburg County Elections Office during South Carolina's down-ballot primaries last week, should serve as a warning for this November's elections.

• U.S. officials from the Office of the Director of National Intelligence are reportedly sending their own warnings, privately, to candidates in the U.S. who, they say, are being targeted with disinformation campaigns by foreign adversaries, including Russia, China and Iran.

• And, in what should serve as yet another warning before November, a pro-Kremlin hacker group, said to be closely allied with Russia's intelligence services, reportedly took down the websites of a number of political parties and other institutions on the first day of voting in Europe's recent parliamentary elections.

• New York's highest court on Tuesday rejected an appeal by Donald Trump to lift the gag order barring him from attacking witnesses, jurors and the family members of prosecutors or the judge in the hush money/election interference case in which the disgraced former President was recently found guilty of 34 criminal felonies.

• And, speaking of, the Biden-Harris Campaign is finally using Trump's shameful court losses --- for both felony crimes and civil liabilities --- against him, in an aggressive television ad and mass emails to supporters taking him to task as a "convicted felon" as well as "a liar and a fraud". Of course, even now, Team Biden will have to overcome ridiculous reporting on the effort by the New York Times, whose headline yesterday (until it was changed) read "Biden Campaign Ad Paints Trump as a Felon". Um...."paints" him as a felon?! He is a felon!

• After telling us for months that President Biden is so mentally debilitated that "he can't string two sentences together," Donald Trump supporters like Sean Hannity at Fox "News" are now working overtime to try and lower expectations for him in advance of next week's first Presidential debate.

• Maryland's Democratic Governor Wes Moore on Monday pardoned about 175,000 convictions related to marijuana and paraphernalia possession over the years. The long-overdue pardons, following the state's full legalization of marijuana last year, will help tens of thousands of Black and Brown people who were disproportionately charged and convicted over the many decades of our failed, frequently racist "war on drugs". Moore's action follows President Biden's 2022 mass pardon of thousands charged under federal marijuana law and his request to state Governors to take similar action given that most cannabis related crimes were brought under state law.

• Finally, Desi Doyen joins us for our latest Green News Report with news on hundreds of millions in the U.S. now (or soon) facing record heat from the Midwest to the East Coast and an early wildfire season out West; Similarly oppressive heat has been bearing down from Greece to the Middle East; Calgary is facing a serious water crisis in Canada; France's nukes are being shut down by cheaper renewable energy sources like wind and solar; And a major rail company must cough up some $400 million for unlawful trespass against a native American tribe...

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