How many times did the disgraced, twice-impeached, four-time criminally indicted former President tell us he would "absolutely" be taking the oath to testify in his own defense at his 2016 election interference trial in New York? More times than we can count. Each time was a lie, as discussed among other matters on today's BradCast, as closing arguments are set to begin next week, before jury deliberations in the first-ever criminal trial of a U.S. President. [Audio link to full show follows this summary.]

Before we get to today's "ketchup" konversation on Trump's first criminal trial, we touch on a few noteworthy results out of primary and special elections in Georgia, Kentucky, Oregon and California on Tuesday, along with problem reports for voters and tabulation out of Georgia, Kentucky and, from last week's primaries, in both Baltimore and Prince George's County, Maryland.

Then, we're joined once again by award-winning columnist HEATHER DIGBY PARTON, of Salon and Hullaballoo, and former attorney and lifelong Republican KEITH BARBER, who now regularly blogs on legal matters as "KeithDB" at the progressive Daily Kos.

On Tuesday, the Defense rested in Donald J. Trump's criminal trial in New York on 34 felony counts related to a hush-money payment made to porn star Stormy Daniels in the weeks before the 2016 election, in a successful effort to help him cheat to win it. The trial has focused on the subsequent, allegedly falsified reimbursements made by Trump during his first year in the White House to his then lawyer/fixer Michael Cohen to cover it all up.

Last week, Cohen finished his testimony as the final witness for the Prosecution. This week, Robert Costello, a cartoonishly thuggish lawyer buddy of both Trump and Rudy Giuliani, took the stand as one of just two witnesses called by the Defense. After a turn last week before the GOP's U.S. House "Weaponization of Justice" Committee, Costello would be the final witness for the Defense, in what turned out to be a wildly failed effort to try and discredit Cohen.

We catch up on all of that today, as we discuss, among other things...

• Justice Juan Merchan's upbraiding of Costello during his obnoxious testimony as the Defense's star witness, turning what might have been a mild win for Trump following cross-examination last week of Cohen, into what both Parton and Barber characterize as a disaster for the Defense. According to Parton, "It was really stupid of them to call him, knowing that the prosecution already knew what he had to say...He was bombastic, he was rude. ... Costello looked like a hired gun."

• To the surprise of absolutely no one, Trump failed to take the witness stand in his own defense after all, following months of promising to do so. It may have been the only smart thing he has done to help his case during the entire trial. As Parton notes, "Trump saw him as a good stand-in for himself," as he was almost certainly testifying at the instance of Trump and against advice of counsel. It went at least as poorly for Costello as it would have gone for the former President turned current Defendant, had he taken the stand.

• Barber details what he sees as "the missing link" in the Prosecution's case and "the biggest weakness" in the Defense's cases; how the jury is likely to view Trump's lack of testifying in his own defense ("The jury will be strongly admonished by the judge to not consider Donald Trump's failure to testify"); and what exactly they will be charged with deciding when they are finally instructed by the judge --- likely beginning next week --- to begin deliberations.

• Parton discusses her biggest concerns about the case, and how the mainstream corporate media has failed, yet again, in its responsibility of accurately reporting on the threat to the nation represented by Trump. Barber casts more blame on his old party, the Republicans.

• And, in a related matter today, we turn to the federal criminal indictment against Trump down in Florida for stealing highly classified national security documents and refusing to return them to the Government. On Wednesday, earlier court documents related to the eventual search warrant executed at Mar-a-Lago, were unsealed, leading Trump to lie about the FBI being "locked and loaded" in an attempt to "assassinate" him during the search...when Trump was in an entirely different state.

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We're back on today's BradCast after an unavoidable extended weekend due to a family funeral. We've got a lot to get caught up on today. [Audio link to full show follows this summary.]

Before we get to today's guest, a few quick headlines from over the weekend and through today...

• Iran's President and Foreign Minister were killed over the weekend in a helicopter crash in foggy conditions in the northern part of the country.

• The top prosecutor at the International Criminal Court is seeking arrest warrants for Israel's Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as three Hamas leaders for war crimes and crimes against humanity in both Gaza and Israel.

• A British court has granted WikiLeaks founder Julian Assange the right to appeal his extradition to the U.S. on 17 espionage charges and one for computer misuse related to the publication of classified U.S. documents 15 years ago.

• The New York Times revealed last week that rightwing Supreme Court Justice Samuel Alito flew an upside down American flag --- a MAGA "stop the steal" symbol --- at his home for several days following the Trump-incited January 6, 2021 insurrection at the U.S. Capitol. Nonetheless, the corrupt Alito has failed to recuse himself from cases involving the 2020 election, including the Court's pending opinion on "Presidential Immunity" which has held up Trump's federal trial for months in his indictment on multiple failed attempts to steal the 2020 election.

• Rudy Giuliani and 11 others, including Kelli Ward, the former chair of the Arizona Republican Party, were arraigned on Tuesday in Phoenix for their roles in attempting to steal the state's 2020 election for Trump. Giuliani and the others face multiple counts each (nine in Rudy's case) related to conspiracy, forgery and fraud.

• The Defense rested on Tuesday in Donald Trump's 2016 election interference trial in New York, where he is facing 34 felony charges related to the falsification of documents to hide a hush-money payment to a porn star just before that year's election day. The disgraced former President, who repeatedly vowed that he would testify in his own defense at the criminal trial, did not do so. As expected. Closing arguments are next week.

• Voters headed to the polls on Tuesday for down-ballot primaries and special elections in Kentucky, Oregon, Georgia and California on Tuesday. We'll have any available noteworthy results and problems reports on tomorrow's BradCast.

Then we're joined by VICTORIA CADOSTIN, researcher and writer at the non-profit watchdog organization DOCUMENTED to explain who is behind the new Trump-aligned extremist group known as "Citizens for Sanity". In a weekend article at The Guardian, Cadostin and her colleague Brendan Fischer break down details from newly obtained filings by the dark money group revealing they spent more more than $90 million dollars in the final few months of 2022 alone on a flood of what have been described as "vile, racist and transphobic" ads designed to disinform, terrify, divide and incite the voting public.

"They were one of the biggest election spenders in the last election cycle," Cadostin explains. "What's really alarming about it is that our records show that Citizens For Sanity is housed at the Conservative Partnership Institute, which has been characterized as the 'nerve center' of the rightwing." She describes the group as the homebase for the Trump Administration in exile, as it's led by former Trump Chief of Staff Mark Meadows as well as one of his former attorneys (and election fraudsters) Cleta Mitchell. It also shares the same leadership with American First Legal, a rightwing extremist lawfare organization headed up by Trump's MAGA anti-immigrant henchman Stephen Miller.

"CPI represents the creation of MAGA political infrastructure," says Cadostin. "These are all folks who are in the MAGA world very deeply, and who have a lot of power in that world, who are pushing out this messaging and pushing out extremism."

The group spent tens of millions of dollars from unknown donors on ads that air heavily in battleground states and swing districts, and even during highly-viewed mainstream events such as the World Series.

The organization uses racist messaging against Blacks and Latino immigrants in its ads, even while it also targets those same communities with different ads in hopes of suppressing their voters. "It's really a targeted effort to stoke racial hostility and suppress the vote however they can for the base that they don't think will vote Republican or conservative," she says. "While at the same time pushing out messaging that will move a conservative base, a white American base, to show up at the polls. It is very sinister, the way they are twisting this, using this information to mobilize one particular base against another."

"These divisive ads and the spreading of misinformation in order to sway folks in swing districts have a real impact outside of just voting," argues Cadostin. "This kind of messaging supports the rise of anti-trans legislation and violence against trans folks, as well as the rise in anti-immigrant sentiment, legislation and violence. Powerful folks are throwing money around to manufacture racial and gendered hostility in the voting population. And it's also further evidence that attacks on equality and democracy are often coming from the exact same place."

What can be done about any of it, since, as disgusting as it all is, it's all largely been legalized by a string of rightwing SCOTUS decisions over the years? We discuss that as well on today's BradCast...

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It's received almost zero attention or notice, but the Republican appointees to the Federal Election Commission on Thursday tried to overturn a bedrock principle of American democracy: transparency of contributions and the identities of donors to political campaigns. The move caught us here at The BradCast by surprise, but we feel slightly better after hearing that our guest today, one of the nation's foremost experts on campaign finance, also just learned about this unprecedented effort. [Audio link to full show follows this summary.]

BUT FIRST UP... Two unusual rulings from the packed, stolen and corrupted U.S. Supreme Court. Unusual for several reasons. One, because both oppose rightwing advocacy. Two, because a majority of rightwingers on the Court voted in favor of both of them. And three, because the Court's liberals voted in a bloc against one of them! We try to make sense of all of that for you today in each of the two rulings.

One came late on Wednesday, when the Court invoked the so-called Purcell Principle, which prevents changes to election rules, laws and district maps too close to an election, theoretically in order to avoid confusion by voters or election administrators. But this principle is opportunistically invoked by the rightwing Court when they feel like it --- even it means allowing, for example, the use of a U.S. House District map that has been found unconstitutional by the courts --- and ignored when they don't.

Their unsigned shadow-docket ruling [PDF] on Wednesday, however, invoked Purcell to allow a U.S. House District map that was newly approved by Louisiana's GOP-controlled legislature. It adds a second Black-majority voting district in the state after its previous map was found to be in violation of the Voting Rights Act following a years-long legal fight. But after the new map was approved by the state earlier this year, a group of self-described "non-Black voters" sued, claiming the new map was an unlawful racial gerrymander. A 3-judge panel on the 5th Circuit agreed and ordered a new new map. That is the order that was blocked on Wednesday by SCOTUS, allowing the second Black-majority district to stand as is, at least for 2024, even as the Court's liberal Justices, to the surprise of many, voted in against the rightwing majority. If you're confused as to why, tune in! We explain all!

The other unusual SCOTUS ruling came today, via a 7 to 2 majority opinion [PDF] written by Justice Clarence Thomas(!) and opposed only by fellow rightwing Justices Sam Alito and Neil Gorsuch. The majority opinion rejected an effort by the sleazy payday lending industry to kill the federal Consumer Financial Protection Bureau (CFPB).

The CFPB was the brainchild of Elizabeth Warren during the Obama Administration, before she became a U.S. Senator. It was created on the heels of the subprime mortgage crisis that led to the Great Recession. To avoid industry influence on funding of the federal government's only consumer-oriented agency, it was housed inside of the Federal Reserve and allowed to draw up to $600 million per year for its budget, rather than go through the Congressional appropriations process each year. The payday lender group filed suit to argue the CFPB's funding mechanism ran afoul of the Constitution's Appropriations Clause and, therefore, all of the CFPB's actions since its 2010 founding, including billions of dollars in fines leveed against their industry, must all be rolled back and the agency dissolved.

Thomas, the Court's liberals, and three more of its Republican appointees flatly rejected the lender's case. They held that, though its funding mechanism is somewhat outside the norm, Congress may still change the way it is funded at any time. Also, as the majority opinion notes, there have been other agencies, such as the Customs Service and USPS, which have had similar, non-annual standing appropriations since the founding of the country.

NEXT... On Thursday, the Federal Election Commission (FEC) held an historic vote on a new rule to allow campaign donors to remain anonymous if they claimed that allowing their identities to become public would lead to harassment. The Federal Election Campaign Act (FECA) already allows some very rare exceptions for members of groups who are shown to have been historically harassed by the U.S. Government itself. Beyond that, however, allowing for campaign donors to remain anonymous challenges the very basis of our system of open, transparent, democratic elections.

We're joined today by CRAIG HOLMAN, longtime government affairs and ethics lobbyist at the non-profit watchdog Public Citizen. He is helping to lead the fight against this startling effort headed up by Trump-appointed FEC Commissioner Alan Dickerson.

The new rule "cuts into the very fabric of a functional democratic society," argues Public Citizen in its public comment against the rule. They note it would "vastly expand the donor [disclosure] exemption far beyond its original purpose, would undermine effective disclosure of the sources of political spending, deprive voters of critical election information, swamp the FEC under a wave of new paperwork, and runs contrary to the core mission of the agency." Other than that, it's great!

"What I really find astounding is that people of all partisan persuasions, Democrats and Republicans, have always believed in disclosure," Holman tells me today. "That's the one pillar of campaign finance law that no one has really come out against. The Republicans may come out against contribution limits, regulation of money in politics, but they always say to have transparency so we know where the money is coming from. This is the very first time that the FEC has encroached upon that principle."

The good(ish) news for now, is that he reports the Commission deadlocked, in a three-to-three vote along partisan lines today. That kills it for the moment. Though, in a second vote today, Holman says they agreed to ask the FEC's General Counsel to study the matter and report back in 75 days. That, he says, is likely to result in a second attempt by Dickerson later this year. Holman says he knows Dickerson to be a "hardcore deregulation" supporter. But "this is the first time the FEC has addressed the actual issue: 'Should we just get rid of disclosure altogether?'"

"Fortunately the FEC deadlocked," Holman says. But "that means three Republicans were saying 'Yes, let's get rid of disclosure!' That's frightening. We only defeated this resolution by a deadlock vote."

Holman has much more on "how absurd" Dickerson's proposal is, and the fact that "it caught us all by surprise." He also fills us in on a petition that he has filed for a new FEC rule that will be voted on next month regarding mandatory disclosure by campaigns when they use deepfake audio and video, created by Artificial Intelligence, to mislead voters.

FINALLY... Desi Doyen joins us for our latest Green News Report, as wildfires continue to explode in Canada; Broadcast media continues to ignore Donald Trump's billion-dollar quid pro quo proposal to Big Oil donors; and Joe Biden takes on China regarding the sale of electric vehicles and solar panels in the U.S...

[NOTE: The BradCast will be off at the beginning of next week due to a family funeral. We'll be back soon!]

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IN TODAY'S RADIO REPORT: Canada wildfires expand, threaten oil industry town of Fort McMurray, again; Climate change made extreme heat in Asia significantly worse; PLUS: Broadcast media ignored Donald Trump's blatant, billion-dollar quid pro quo offer to Big Oil... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): DeSantis signs law deleting climate change from Florida policy; A Trump win puts $1 Trillion in US energy investments at risk; How Alabama turned to restrictive deed covenants to ward off flooding claims from black residents; Oakland is now first in the US to have a 100% electric school bus fleet - and it's V2G; Impunity and pollution abound in DRC mining of critical minerals; Persistent Brazil floods raise specter of climate migration... PLUS: Don't fall for 'climate-friendly' beef... and much, MUCH more! ...

It has been the most important week in the New York criminal trial of Donald J. Trump, as the last witness for the prosecution, Trump's former attorney and fixer Michael Cohen took the stand. The court is off today, so we have time on today's BradCast to catch our breath for yet another Trump Trial "ketchup" show for you. [Audio link to full show follows this summary.]

BUT FIRST, we've got a few noteworthy results from Tuesday's primary elections in Nebraska, Maryland and West Virginia, where, once again --- other than in WV --- Joe Biden outperformed Donald Trump among their respective party voters. Yes, the zombie campaign of Nikki Haley keeps on going. The former South Carolina Governor, who dropped out of the race months ago at this point, won 20% of the GOP vote in MD, while she and one other GOP candidate (that few have heard of) won about the same percentage among Republicans in Nebraska. In both states, Biden outpaced Trump among his own party's primary voters. FWIW.

On Wednesday, Biden threw down the gauntlet to challenge Trump to two early debates hosted by media outlets --- in a studio, without an audience --- rather than by the non-partisan Committee on Presidential Debates. The Biden-Harris Campaign explained their several reasons for pre-empting the CPD in a letter. They are mostly good ones. Among them, the fact that the group has failed to update its schedule for debates to hold them before tens of millions of Americans have already cast their ballots this year via early and absentee voting.

Trump quickly accepted the challenge, and within hours the pair had agreed to allow CNN host the first debate in Atlanta on June 27, and ABC to host the second on September 10.

THEN, it's on to today's coverage of noteworthy news from the 5th week of the first-ever criminal trial of a former American President. We're joined again today for insight and commentary by HEATHER DIGBY PARTON, award-winning Salon columnist and Hullaballoo blogger, and former attorney and former Republican KEITH BARBER, who now blogs on legal matters as "KeithDB" at the progressive Daily Kos.

Among our many topics of discussion today...

• Parton discusses the embarrassing parade of elected Republican deplorables now showing up at the courthouse in Manhattan --- mostly in red ties and navy suits --- to display their love for the boss, audition to become his Vice Presidential nominee, and/or say the things that the Court has barred Trump from saying via a gag order. Among the "toadies [who] came a-croaking," as Barber quips: Senators JD Vance (OH) and Tommy Tuberville (AL), Rep. Byron Donalds (FL), Gov. Doug Burgham (ND), Vivek Ramaswamy, and, perhaps most shamefully from the former "Rule of Law" party, House Speaker Mike Johnson (LA). "These people are playing to Donald Trump," explains Parton, along with the warning that many of them are "the Michael Cohens the future."

• This week's critical testimony of Michael Cohen --- who Parton describes as a "diminished, humiliated man sitting on the witness stand having to admit, over and over again, that he was a liar, a fool, a dupe, he got sent to jail, all in service to Donald Trump" --- and the "smoking gun" bank statement featuring proof of Cohen's $130,000 hush-money payment to porn storm Stormy Daniels. That document, we have now learned, also features Cohen's own hand-writing and that of former (now jailed for perjury) Trump Organization CFO Allen Weisselberg. Their marginalia details how the falsified reimbursements to Cohen, fraudulently described in the Trump Org's books as "legal retainer" fees, would be made in $35,000 monthly payments by Trump during his first year in the White House. But, as importantly, Cohen testified that Trump personally approved the fraudulent reimbursement scheme during a meeting at Trump Tower with both Cohen and Weisselberg present after Trump's hush-money scheme helped him to win the 2016 election.

• Barber describes what he saw as a surprisingly limp start to cross-examination of Cohen by Trump's lead attorney, Todd Blanche, on Tuesday and how, frankly, Team Trump doesn't seem to have much to work with after the Prosecution spent much of their direct examination "inoculating the jury" to Cohen's many years of lying on behalf of Trump before he came clean and pleaded guilty to many of the crimes Trump is now being held to account for. Trump's attorneys have presented no alternative theory in the case, says Barber. Which also means they are unlikely to offer much, if any, defense case at all after the Prosecution rests. On Tuesday, they informed the judge that Cohen will be their final witness. Team Trump, meanwhile, is still pretending that Trump might actually testify. (He won't.)

Cohen's cross-examination of continues and likely completes on Thursday, and then the court will be off on Friday to allow Trump to go to his son Baron's high-school graduation (if the disgraced former President actually bothers to show up for it.) But it's been a fascinating and critical week of testimony so far, including Cohen's explanation of how he spent years "knee-deep in the cult of Donald Trump".

"Cult of Donald Trump"? What "cult of Donald Trump"?...

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The May 3 article that appeared in UCLA's campus newspaper, the Daily Bruin, was disturbing but not surprising. The LAPD stood idly by as a group of "tear gas" wielding, pro-Israel "counter-protesters" violently attacked a pro-Palestine protest encampment. The attack reportedly went on for nearly four hours before the LAPD moved in, not to stop counter-protester violence, but to breakup the encampment.

In a formal Statement, staff members of the UCLA History Department noted:

The history professors chastised both University of California administrators and the LAPD for their "disregard" for "students' safety and their right to express their views."

The professors weren't the only ones to express concern for law enforcement's failure to intercede as pro-Israel "counter protesters" violently attacked the encampment. California's Democratic Gov. Gavin Newsom, according to the Los Angeles Daily News, "called for investigations into [why the] pro-Israeli counter-protesters' attack...was allowed to rage for several hours with little to no police intervention."

Sadly, the story, as recounted by the Daily Bruin and the UCLA history professors, is on the continuum of well over a century of right-wing bias on the part of local, state and federal law enforcement against those who exercise First Amendment rights to engage in non-violent strikes or in peaceful, anti-war, environmental, and civil rights protests....

We're covering 2024 election news in at least four different states on today's BradCast --- track conditions, not horse race --- and only one of those stories is particularly good news as GOP dirty tricks and voter suppression seem to be getting an early start this year. [Audio link to full show follows this summary.]

Among our main stories today...

• Voters in Maryland, Nebraska and West Virginia headed to primary polls on Tuesday, with critical U.S. Senate and other races on the ballot. Noteworthy results and/or problem reports on tomorrow's program.

• We first began reporting on this story early last month, when it seemed utterly ridiculous to even contemplate. It still does, frankly. Nonetheless, Ohio's wildly dysfunctional, partisan-gerrymandered Republican state legislature missed last week's deadline for a legislative fix to allow Joe Biden on the Buckeye State ballot this year. Ohio has a state law that requires Presidential candidates be officially certified by their party 90 days before the general election to be included on the state ballot. But the Dems' convention this year is just 74 days before the election. In past years --- for example, for Donald Trump in 2020 --- lawmakers simply changed the deadline to cure the problem as needed when conventions are held later in the Summer. This year, however, petulant state Republicans are demanding a pound of flesh from Democrats to make any such changes. And now, with last week's deadline past, its going to be even more difficult to do so. Tune in for the full --- and still ridiculous --- skinny.

• Speaking of ridiculous, a rightwing activist in the state of Washington placed two Democratic candidates for Governor named Bob Ferguson on the ballot last Friday, just hours before the state's August 6th primary deadline. The state's longtime Democratic Attorney General, and front-runner to win the Governorship this year, is also named Bob Ferguson. And so the GOP's dirty tricks chaos for 2024 officially begins.

• If they can't keep Democratic candidates off the ballot for no good reason, or add several candidates with the same name to the ballot to wreak confusion, Republicans still remember how to do it with good old fashioned voter suppression laws, like the newest one signed last week by Georgia's Republican Governor Brian Kemp.

• Meanwhile, Democrats are still in court fighting back Republican voter suppression from years ago. On Monday, the newly liberal majority on the Wisconsin Supreme Court heard oral argument to reverse a ridiculous ruling by the high court's previous rightwing majority that bans the use of secure absentee ballot drop-boxes. That, even as they've been used for years without incident or fraud in the Badger State (or anywhere else, for that matter.) The hearing was encouraging, as even the defendants --- the bipartisan Wisconsin Elections Commission --- agree there is nothing in state law that actually bans their use. "The Commission fully agrees that drop boxes are permitted under Wisconsin statutes," said the Asst. AG representing them at the hearing. But it sure was amusing to hear Republicans argue in favor of stare decisis (respect for legal precedent and settled law) to keep the 2022 ruling in place from the rightwing partisan court just two years ago. Especially when one of the court's liberal justices at the hearing cited none other than U.S. Supreme Court Justice Sam Alito's majority opinion in Dobbs that overturned 50 years of Roe v. Wade legal precedent. Using Alito's precise language from the SCOTUS ruling, the WI Justice asked what Republican plaintiffs thought the court should do if they found the previous ruling to be "egregiously wrong".

• Finally, Desi Doyen joins us for our latest Green News Report, as wildfire season explodes in Canada; the world records a record-breaking rise in CO2 levels; and Michigan moves to sue Big Oil for ever-worsening climate damages...

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IN TODAY'S RADIO REPORT: Canada's fire season erupts, forcing evacuations, as wildfire smoke chokes U.S. Upper Midwest; Record-breaking increase in carbon dioxide levels in the world's atmosphere; PLUS: Michigan is newest state to sue Big Oil for mounting climate damages... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Biden's EV tariffs give U.S. automakers a fleeting chance; FERC shakes up power industry with landmark grid rule; El Niño to end by June, La Niña seen in second half of 2024; Cloud brightening study in CA halted by local officials; Greenhouse gas milestone; CO2 levels set record; Alabama uses deed covenants to ward off flooding claims from black residents; Why you CAN recycle pizza boxes, and other recycling myths debunked; World’s top climate scientists expect global heating to blast past 1.5C target... PLUS: Where will you go if your town disappears into the ocean?... and much, MUCH more! ...

We've got a whole lotta Trump accountability news (and some for one high-ranking Democrat as well) since we last spoke to you on The BradCast last week. We'll get you up to speed on all of that today, but not before getting caught up on a crazy recount situation out here in the Golden State which I hope does not serve as a precursor to election challenges this Fall. [Audio link to full show follows this summary.]

The March 5th Super Tuesday primary elections here in California ended in an exact tie in the race to fill the Northern California U.S. House seat being vacated by long-serving, now-retiring Democratic Rep. Anna Eshoo in the state's 16th Congressional District.

The exact tie --- with 30,249 votes for each candidate --- was not for first place, but for second place. Since 2010, California has used a Top-Two primary system where all candidates in a race, from any and all parties, run in the same primary. The top two vote getters --- regardless of party --- then move on to the general election in November.

In the CA-16 race, with 11 candidates running in March, former San Jose Mayor Sam Liccardo won with a fairly comfortable 5 point margin. In second place, however, Santa Clara County Supervisor Joe Simitian and state Assemblymember Evan Low were tied according to the certified results in early April.

Under CA law, that meant all three --- all Democrats in the very left-leaning Bay Area district --- would advance to the general, for the first time in CA's Top-Two primary history. That left all three men seemingly happy enough. Liccardo, in first place, would have his competition split between two competitors and Simitian and Low would each go to the general election. Neither dared asked for a recount, because a single change of even one vote would knock one of the second-place finishers out.

CA law doesn't allow for an automatic, state-funded recount in such closes races (as dozens of other states do). But it does allow any voter to request a recount in any race they like, so long as they are willing to pay for it. If the final recounted results cause a change to the certified results of the election, the requester is supposed to be refunded. At least, in theory.

A guy by the name of Jonathan Padilla sought a recount in the race. He filed on behalf of Low, because you have to file on behalf of one of the candidates, even though Low says he had nothing to do with the request. Padilla, it seems, had worked for first-place finisher Liccardo during his 2014 run for Mayor in San Jose, though not lately. And while Liccardo says he knows nothing about Padilla's effort here, and nobody seems to know who actually funded the recount, it was carried out over several weeks recently in both San Mateo and Santa Clara Counties, which the 16th CD splits across.

Padilla was initially told that the recount would cost about $320,000 in Santa Clara alone. It would cost another $84,000 to recount in San Mateo, astronomically high numbers in a state which still allows County Registrars to charge pretty much anything they like. Those charges vary wildly from county to county (as we have detailed multiple times over the years) and all votes cast in a race must be re-tallied in order for results to be official recertified.

The costs to Padilla were then largely cut in half once he agreed to a recount by the same computer scanners that tallied the ballots in the initial count, rather than by a manual hand-count wherein results can be known to be accurate.

In any event, please tune in to find out who won the recount (by just 5 votes total!) and why it is that the CA Sec. of State now says Padilla is not due a refund after all, even though the results of the recount changed the results of the election to send just two candidates, instead of three, to this year's general.

We're joined today by DR. JOHN MAA, a San Francisco-based surgeon who was the first voter ever in California to seek and fund a statewide recount of a ballot initiative way back in 2010. He has become a bit of an expert in CA recounts since then, and advised both Low and Simitian during the recent 16th District recount.

Maa explains a number of vulnerabilities in CA's antiquated recount laws that were once again exposed by this latest recount, from seemingly arbitrary costs to requesters in each CA county (making recounts unaffordable to all but the weathiest of voters or candidates), to the concerns about retallying votes by the same computer scanners that tallied them in the first place, to the absurd ruling by the SoS that Padilla should not be refunded for the entire thing.

"Ultimately, I believe that the requester is a hero for Election Integrity," Maa tells me about Padilla. "And they bore the cost of what I believe that the Registrar's office should have done, because their certification of a tie was actually in error."

Tune in for much more.

THEN, in the second half of today's program, we get caught up on a whole bunch of legal woes for Donald Trump and several of his top supporters, as well as accountability for New Jersey's sitting Democratic U.S. Senator Bob Menendez, who is accused, along with his wife, of bribery and corruption to the tune of hundreds of thousands of dollars. His criminal trial began jury selection in Manhattan today.

As to the Trumpers, 2016 Campaign Manager and top Trump White House Advisor Steve Bannon's appeal was rejected late last week in the two Contempt of Congress charges he was found guilty of, resulting in a four-month sentence for defying subpoenas from the Congressional Committee investigating the Trump-incited January 6th insurrection. Bannon has a few more appeal options left before he, like White House trade advisor Pete Navarro (already serving four months for the same crime) is sent off to a federal penal facility.

Trump's disgraced 2020 attorney and former NYC Mayor Rudy Giuliani --- who is also facing criminal charges in Arizona and Georgia, a bunch of civil lawsuits and has already been found liable for $148 million for repeatedly defaming two Atlanta poll workers in 2020 --- was fired from his daily radio show gig at WABC in New York. Apparently, the billionaire Republican owner of the station let him go because Rudy refused to stop lying about the results of the 2020 election on air. Sad!

And, also in New York on Monday, Trump's former personal lawyer and "fixer" Michael Cohen finally took the stand to offer pivotal testimony in the disgraced former President's first criminal trial on 34 felony counts related to the falsification of business records meant to hide his White House repayments to Cohen for hush-money given to porn star Stormy Daniels to help him win the 2016 election.

Oh, and a few callers ring in today as well, in another very busy BradCast to kick off the week!...

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On today's BradCast: Why we're taking sides for democracy in this year's election. And why every real journalist should. [Audio link to full show follows this summary.]

Among the many stories covered on today's program (and not necessarily in this order)...

• Journalist John Harwood: "As a Veteran Reporter, I've Always Valued Neutrality. But Trump's Threat To Democracy Should be the Biggest Political Story of 2024"

• USA Today: "Exclusive: Homeland Security ramping up 'with intensity' to respond to election threats"

• The RNC, recently taken over by Donald Trump in full, is now little more than an election denialist/voter suppression operation (and, of course, a personal ATM for Trump). They recently fired their newly hired election law expert for not pretending enough that the 2020 election was stolen; New co-chair Lara Trump is taking to Fox "News" to spread disinformation about absentee ballots and ballot counting; House Speaker Mike Johnson is introducing a bill to make it illegal for non-U.S. citizens to vote in federal elections --- which is already illegal --- and claiming that, while there may be zero evidence, "we all know intuitively that a lot of illegals are voting".

Also, some news since we last spoke...

• Republican Rep. Marjorie Taylor Greene tried and then failed spectacularly (thanks to help from House Democrats) to remove the Republican House Speaker again.

• Stormy Daniels completed her testimony in Trump's 2016 election interference case in New York. The cross-examination, according to many reports, did not go well for Team Trump.

• Joe Biden finally cuts off offensive weapons to Israel for Benjamin Netanyahu's promised threat of a full ground invasion in southern Gaza.

And finally...

• Desi Doyen joins us for our latest Green News Report, as tornadoes leave trails of destruction in the U.S.; Florida bans "climate change" as hurricane season begins; House Republicans open a new pretend battle in their "War on Woke Appliances"; and U.S. culture finally begins to reflect climate reality...

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IN TODAY'S RADIO REPORT: Tornado outbreaks leave trail of destruction across multiple states; Republicans ban climate change in Florida, just in time for hurricane season; House Republicans' latest salvo in their 'War on Woke Appliances'; PLUS: A shift is underway in how U.S. culture portrays climate reality... All that and more in today's Green News Report!

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): What Trump promised oil CEOs as he asked them for $1 billion for his campaign; From flooding in Brazil and Houston to brutal heat in Asia, extreme weather seems nearly everywhere; World’s top climate scientists expect global heating to blast past 1.5C target; Microsoft made the biggest renewable energy agreement ever to fuel its AI ambitions; Corporate climate watchdog document deems carbon offsets largely ineffective... PLUS: The world’s largest carbon removal plant is here, and bigger ones are on the way... and much, MUCH more! ...

Once again, on today's BradCast, we've got a mid-week "ketchup" for you, with everything you need to know about the disgraced former President's still-ongoing, first criminal trial. And it's been a very big week in that regard. [Audio link to full show follows this summary.]

But, first up today, interesting results out of Indiana on Tuesday, where the "zombie campaign" of Nikki Haley, who quit the race two months ago, still racked up nearly 22% of the vote in the Republican Presidential Primary against Donald Trump. (Joe Biden ran uncontested on the Democratic side.)

Next week's primaries will be in Nebraska, Maryland and West Virginia, where former coal baron and federally convicted criminal Don Blankenship --- a hard-right loon --- has decided to run in the Democratic primary to fill the U.S. Senate seat being vacated by rightwing Democrat Joe Manchin. Blankenship lost as the Republican nominee against Manchin in 2018. This year, as a "Democrat", he'll be running next week in WV against staunch pro-union candidate Glenn Elliot and Marine Corp vet and grassroots organizer Zach Shrewsbury. The winner will likely be taking on current Governor and coal baron billionaire Jim Justice who ran for Governor as a Democrat in 2016 before flipping to Republican in 2017 just after he was elected.

Then, it's on to today's coverage of the past week's criminal Trump Trial in New York, where the former (and future?) President faces 34 felony charges related to hush-money payments made to porn star Stormy Daniels to help him win the 2016 Presidential election. Daniels was called by the Prosecution for testimony on Tuesday and, as you likely know by now, it was a bit of a blockbuster.

We're joined today by our old friends HEATHER DIGBY PARTON, award-winning columnist at Salon and longtime blogger at Hullaballoo, and former attorney and former Republican KEITH BARBER, who now blogs on legal and Constitutional matters as "KeithDB" at the progressive Daily Kos website.

Among the topics of today's conversation...

• Daniels' disturbing testimony about her disturbing, apparently "quasi-non-consensual" (as Barber describes it) sexual encounter with Trump during a celebrity golf event in Lake Tahoe and why specific details of that counter either are or are not important to the Prosecution's case. (Barber: "If Trump invites you to a dinner date, don't expect dinner.")
• Why Trump's attorneys sought a mistrial on Tuesday, but were rejected by the trial judge.
• How Team Trump's various over-ruled objections are likely working against them.
• How the Defense is doing in its attempt, so far, to cross-examine Daniels. (Barber: Trump's team was "too ham-fisted" and "outsmarted by the adult industry star.") The cross continues on Thursday.
• Why last week's testimony by former, longtime Trump aid Hope Hicks was so important to the State's case, and why she broke down in tears as the cross-examination began. (Parton: "A devastating blow to his defense.")
• Why Monday's testimony from the Trump Organization's former Controller and its current chief of Accounts Payable was so important to the Prosecution's case.
• How all of this is being reported (or not) by mainstream media and rightwing media (Parton: "Fox is not covering it. Neither is Newsmax or OAN.") and heard by voters in both cases.
• Whether the lack, so far, of testimony describing Trump himself as ordering the falsification of business records is going to be a problem for the Prosecution, and whether upcoming testimony by Michael Cohen can fix that.
• Whether Trump will be held in criminal contempt by the judge for the eleventh time and if he'll actually be given jail time for his next violation of the court's gag-order. (Parton: "Trump doesn't want to go to jail. They don't have hair and makeup people in there." Barber: "He doesn't want to go to jail, no matter how much he'll tell his stupid MAGA followers that he does.")

All of that and much more on today's lively Trump Trial Ketchup show!...

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On today's BradCast: A new cybersecurity incident has emerged in Coffee County, Georgia. That's the now-notorious rural enclave in the southeastern part of the Presidential battleground state where Donald Trump allies and operatives, in January of 2021, unlawfully breached, copied and distributed the state's proprietary touchscreen voting system software after the 2020 Presidential election. Five participants in that breach were charged with felonies as part of the broad racketeering conspiracy case against Trump filed in Fulton County, GA. [Audio link to full show follows this summary.]

Before we get there today, however, some quick news on Trump's New York criminal trial, where he stands accused of 34 felonies related to hush-money payments made just before the 2016 election to porn star Stormy Daniels. She took the stand today. We cover a few quick details, but will cover that and other related news in more depth on tomorrow's mid-week Trump Trial "Ketchup" program.

Also today, we're happy to announce another very rarely-bestowed BRAD BLOG Intellectually Honest Conservative Award. This one for Georgia's Republican former Lt. Governor Geoff Duncan. The prestigious honor comes in response to his courageous op-ed in the Atlanta Journal Constitution this week, in which he endorsed Joe Biden and encouraged fellow Never Trump Republicans to do the same, noting, "Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass."

Then, it's back to Georgia, where the Coffee County Board of Commissioners released a notice [PDF] late last month that they'd been notified by the U.S. Dept. of Homeland Security (DHS) and its Cybersecurity and Infrastructure Security Agency (CISA), 11 days earlier, about "unusual cyberactivity" on the County's local IT system. The terse statement from the County confirmed indications of "cyber-activity by an unknown malicious actor(s)". It claimed that "Steps have been taken to further secure the network and protect Coffee County's IT infrastructure", while noting that it had "informed Federal Authorities of the incident". (Yes, that would seemingly be the same incident that the very same press release says Federal Authorities, DHS and CISA, notified THEM about.)

We're joined today by longtime Election Integrity and Transparency champion MARILYN MARKS of the Coalition for Good Governance (CGG). Marks was the one who first learned about Team Trump's unlawful breach of GA's statewide voting system hardware and software in Coffee County that first took place on January 7, 2021 (the day after Trump's insurrection at the U.S. Capitol.) Her revelations resulted in the charges filed by Fulton County District Attorney Fani Willis against Trump attorney Sidney Powell (who pleaded guilty) and others involved in the Coffee County break in.

As Director of CGG, Marks is also the plaintiff in civil lawsuit in federal court, filed in 2017, seeking to ban GA Sec. of State Brad Raffensperger's mandated use of the state's easily-hacked, unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots. The trial in that long-running case, known as Curling v. Raffensperger, was finally held in January of this year. As Marks explains today, plaintiffs are still waiting on a verdict from U.S. District Court Judge Amy Totenberg who oversaw the trial, which included demonstrations from plaintiffs' experts revealing that Raffensperger's systems can be hacked by any voter at the polling place with nothing more than a ballpoint pen.

Today, Marks charges that Coffee County appears to have "hid and concealed" information about the new cybersecurity incident from the Sec. of State's office "for some number of days." Though little is still known publicly about the new hack, she is troubled by the news. "This cannot just be coincidence that there have been two such cyberattacks this year on counties, one in Fulton and one in Coffee. That's it. The two counties that have a lot of information challenging Trump and his allies related to [the earlier breach in Coffee] and the theft of the [voting] software to begin with."

We also get an update from Marks on the status of the Curling case, where it is getting very late in the election year for the judge to issue a ruling that would require Georgia to make hand-marked paper ballots available to voters at the polls this November. Marks, however, remains ever hopeful, noting that the move to hand-marked ballots would require no new equipment above and beyond what is already available at each GA precinct.

Marks also discusses a new Georgia law (signed by Gov. Brian Kemp this evening) that will eventually ban the use of tabulation via QRCodes on computer-marked ballots, requiring computer scanners to tabulate from the ballots' human-readable text that is supposedly verified by voters after it is printed and before its cast. Unfortunately, as she explains, that bill, even if implemented in 2026 as mandated by the legislation, will not make the state's touchscreen Ballot Marking Devices any less vulnerable to manipulation or any more verifiable by the public after an election.

Marks, whose organization found no evidence that Biden's 2020 victory in the Peach State was decided incorrectly, is also offering testimony this week to the GA State Board of Elections, advocating that recounts in the state must be carried out by hand, rather than by the same computerized scanners that tallied ballots in the first place.

"The state law is quite clear, a recount is to be done by hand, for obvious reasons such as the machine [used to tally ballots] is coded wrong," she explains. Otherwise, she adds, you're going to get the same incorrect results "if you just run the ballot back through the machine that is miscoded."

The reason that Trump supporters are still arguing over the 2020 tally in the state, she believes, is thanks to the lack of a public hand-count after that very close election. Raffensperger insisted on a machine tally instead. "All of that could have been solved if they had done a manual recount, as the law required. Which would have allowed Trump to appoint a counter at every table, handle every single ballot. And they would have had a hard time arguing then about counterfeit ballots, wrong counts, no transparency," Marks tells me. "A lot of the problems that we've lived with now over three years would have been solved if they had just followed the law and done a manual recount."

Finally today, we close with our latest Green News Report, with Desi Doyen's coverage of relentless rain and deadly flooding in both Brazil and Houston; the hottest April ever recorded on Planet Earth; and President Biden's unveiling of billions of dollars to spur clean energy production in rural areas and the removal and replacement of toxic lead water pipes across the nation...

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