California Republicans know they can't win normal statewide elections. Hence, the attempted Recall election of progressive Democratic Gov. Gavin Newsom amid several crises that the GOP candidates hoping to replace him will make considerably worse. But now, voting system and cybersecurity experts tell The BradCast there is reason to be very concerned about the voting and tabulation systems used in some 60 percent of the state, following the recent theft and release on the Internet of Election Management System software, allegedly by a far-right County Clerk in Colorado during the MyPillow CEO's so-called "Cyber Symposium" last week in South Dakota. One of those experts joins us to explain the concerns, and what can be done about it, today. [Audio link to full show is posted at end of this summary.]

But, first up, the circus of some 46 candidates on the ballot hoping to become Governor of the nation's most populous state, if Newsom is removed by the first question on the Recall ballot, serves as a reminder that this special election, while seemingly ridiculous, is also potentially deadly for residents of the Golden State. Nonetheless, recent polling suggests that it is currently a dead heat as to whether Newsom will be removed and then replaced by someone likely to get little more than 20% of the vote on the ballot's second question about who should take his place.

In the middle of a debate between several GOP "front-runners" on Tuesday in Sacramento, one of the candidates, multi-millionaire John Cox (the guy who actually campaigns with a grizzly bear), got served in a Court process as he was introducing himself, as "ordered" by a San Diego Superior Court Judge finding that he owes about $100,000 to a contractor the Republican businessman failed to pay during his failed run against Newsom in 2018.

While neither of the top Republican or Democratic candidates on question two of the ballot were at the debate (Trump-loving, climate change denying, woman-hating Rightwing radio talk-show host Larry Elder and Democratic real-estate millionaire Kevin Paffrath), both of them oppose Newsom's mask and vaccination mandates. The BRAD BLOG's Ernie Canning, in a "Progressive's Guide to the California Recall" published today, explains why CA voters must vote "NO" on the Recall's first question, before he goes on to explain who he believes progressives should support on question two.

Sky-rocketing rates of infections, hospitalizations and deaths under GOP Governors like Florida's Ron DeSantis and Texas' Greg Abbott (who tested positive himself on Tuesday), should serve as another reminder of the importance of both elections and having Governors who do not place political ambition over science. Despite pleas to the contrary from health officials, both DeSantis and Abbott have issued edicts blocking local governments and school districts from instituting mask mandates, even as hospitals in both states are reaching or exceeding capacity, and children under 12 (unlike Abbott and DeSantis) are ineligible to become vaccinated. (Fortunately, President Biden reiterated today that the federal government will cover the salaries of school officials who chose to protect children, even if their paychecks are cut by the TX and FL Governors. And one school district in TX has come up with a very clever way of trying to get around Abbott's ban on mask mandates.)

Meanwhile, thanks to Newsom's various statewide mask and vaccine mandates here in California, infection, and death rates are all now coming back down once again.

Of course, facts such as these mean little to those pushing for the removal of Newsom, and many on the right have demonstrated of late that there is little they won't do in order to "win" an election. Thus, the theft and release of important voting system software by a far-right County Clerk in Mesa County, Colorado last week during Mike Lindell's "cyber symposium" (at which he didn't release the promised "absolute proof" that China stole the 2020 election from Trump), has a number of actual cybersecurity and voting system experts very concerned today.

We've been covering this story in detail over the past week, as both the national media and California media haven't covered it at all. But they should. Colorado media finally jumped in, a bit, this week after their Sec. of State on Monday announced that Mesa County Clerk Tina Peters --- who appeared on stage several times at Lindell's forum last week --- was behind the theft and copying of two hard drives at the Mesa County Election Division containing Dominion Voting's Election Management System (EMS) software.

Democratic CO Sec. of State Jenna Griswold's office, in a news release Monday night, explained how Peters pulled off the heist with two accomplices in the middle of the night back in May, before the software was released into the wild during last week's symposium. Since then, we have reported on this show about the concerns expressed by voting system and cybersecurity experts like Harri Hursti, who warns that the release of the critical software "lowers the barrier for attack planning and therefore increases the likelihood of future attacks." That, just after another top expert in the field, University of Michigan's J. Alex Halderman, filed a 50,000 word report in a long-running federal lawsuit in Georgia, which seeks to ban Dominion's unverifiable touchscreen voting systems. The report, which he says [PDF] details disturbing, newly discovered vulnerabilities in those systems, which reportedly could allow votes to be changed without detection, has now been sealed by the federal judge due to its sensitivity --- even from the plaintiffs and defendants in the case!

Dominion's vulnerable touchscreens are used in several large jurisdictions in California, even as the recall is now ongoing, including San Diego County, San Francisco and Riverside County. Their EMS software --- released to the Internet and downloaded by thousands just last week --- is used to tabulate votes, both hand-marked paper ballots and touchscreen votes, in every county where Dominion's systems are used. The software is used broadly in enough counties here that it could easily effect the computer-tallied results of the Recall election.

Another top expert who is worried about all of this joins us on today's program to explain why, and what can now be done about this serious security breach. University of California-Berkeley Professor PHILIP STARK is an expert witness in the Georgia case, the inventor of the post-election Risk-Limiting Audit protocol, and currently serves on the Board of Advisors of the U.S. Election Assistance Commission.

He joined Hursti this week in telling me that they were both dubious about vague claims from the CO Sec. of State's office that the U.S. Cyber Security and Infrastructure Security Agency (CISA) was not particularly concerned about the leak of the Dominion software.

"It is a serious risk," Stark makes clear today. "The best metaphor I've been able to come up with is, if I were trying to break into a bank, how helpful would it be to have blueprints of the bank and the bank vault? How helpful would it be for me to have an actual exact copy of the bank, completely at my disposal, to try different ways of breaking in and so forth? Not even a scale model, but literally the exact same thing, just in a different place. That's what having a copy of these disks amounts to."

"To the extent that these systems were not that secure in the first place, this doesn't make the systems more vulnerable. But it gives a would-be evil-doer lots of help and information to plan an attack, figure out what's going to work, which then can be conducted later by someone with less technical skill," Stark warns.

He explains that "these Election Management Systems are used, among other things, to configure the ballot marking devices" as well as "results from the precinct-based scanners" and the high-speed centralized scanners used to tabulate Vote-by-Mail ballots. "The release of the EMS code gives someone a blueprint for how to write malware to infect the ballot marking devices, etc., when they're configured using these systems."

We go on to discuss what can and should now be done by California in regards the ongoing Recall election (as well as other jurisdictions, with elections coming up in November, where Dominion systems are used in more than a dozen states) to ensure that results are accurately tabulated and reported, and can be known by the public, after the election, as such. His recommendations include the use of both hand-marked paper ballots and a far more robust post-election audit process than is currently mandated by CA state law.

Moreover, he cites a critical lesson that should be learned from Tina Peters, the Republican County Clerk in Mesa, CO who is alleged to have brought accomplices into the Elections Division in the middle of the night on May 23rd, and turned off the security cameras in order to steal the software and copy it for release into the wild. (She is now under criminal investigation and has been relieved of her duties by CO's Secretary Griswold.) "This is a very clear reminder that insider threats are real," observes Stark. "This is a wake-up call. It is very difficult to mitigate insider threats."

We are still waiting for a response from the CO Sec. of State's office, as to who they spoke with at CISA and what exactly that person said, given that the cybersecurity folks I've spoken with are quite dubious that the nation's top cybersecurity watchdog actually downplayed this voting system breach. Or, if they did, that they fully understood it. Meanwhile, CA's Sec. of State, to my knowledge, has said nothing about any of this publicly. But that may be because neither state nor national media --- other than us --- have bothered to connect the dots between California and these very serious concerns...

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Ya never know what you may unearth when you peek into the Memory Hole, including a bunch of stuff that should never have been hidden away there in the first place. Also, on today's BradCast, a few noteworthy updates on the Dominion Voting System software stolen from a Colorado County Clerk's office and released into the wilds via the Internet at last week's fraudulent "fraud" forum put on by MyPillow Guy Mike Lindell, and how that serious security breach might effect the ongoing California Recall election. [Audio link to full show is posted at bottom of this summary.]

So, a lot of stuff covered on today's show, including...

• Texas Gov. Greg Abbott has tested positive for COVID. That, after barring local governments and school districts in the Lone Star State from imposing mask mandates, even for children under 12 who, unlike Abbott, are not lucky enough to be able to get vaccinated.

• A news clipping from a 1912 New Zealand newspaper, which recently went viral 109 years later, warns about the burning of coal adding "tons of carbon dioxide to the atmosphere". The clipping, confirmed as genuine by both USA Today and Newsweek, warns that "This tends to make the air a more effective blanket for the earth and to raise its temperature." The scientifically prescient story goes on to accurately note that "the effect may be considerable in a few centuries." If only we'd listened in 1912.

• Similarly, if only we listened to the courageous Rep. Barbara Lee (D-CA) back in 2001, when she was the only member of Congress, Republican or Democratic in either the U.S. House or Senate, to vote against going to war in Afghanistan from the 9/11 attacks. As the Afghanistan conflict unwinds today, amid both chaos and uncertainty, we take a listen to the sage words from Lee on the floor of the House, just three days after the U.S. was attacked 20 years ago next month.

• As the Taliban returns itself to power in Afghanistan, following 20 years of U.S. occupation and our failed attempt to prop up a democratic, Western-style government, the far-right radical Islamic group which shielded al-Qaeda after 9/11 claims to have become much more moderate in the interim. A Taliban spokesman today told media in Kabul they will respect the rights of women and girls to work and go to school, and will not seek retribution against those who supported the U.S. and its allies or the failed government we tried to create there. But, as we discuss, there is very little reason to trust their new P.R. blitz.

• We also discuss the hand-wringing D.C. punditry which seems to be falling over itself to declare Joe Biden's Presidency a disaster, after the chaos at the Kabul airport yesterday, following the Taliban takeover of Afghanistan. As Nicole Wallace (yes, we note the irony of her old job as George W. Bush's Comms Director during both the Afghanistan and Iraq wars) noted on MSNBC yesterday, "95% of the American people will agree with everything" Joe Biden said in his remarks on Afghanistan at the White House on Monday, while "95% of the press covering this White House will disagree." She goes on to highlight, as does TPM's Josh Marshall today, how out of sync with the public the D.C. media class is on this point, even after the events of the past few days, as Biden stands by his decision to pull America out of its longest war once and for all.

• Then, some important new news in the story that, until yesterday, only The BradCast and The BRAD BLOG, by and large, had been reporting on at all. Namely, the theft and copying of hard drives containing Dominion Voting's Election Management System (EMS) software, as now allegedly stolen from the office of Mesa County, Colorado County Clerk Tina Peters. The Dominion EMS is the central control system for creating and counting ballots in jurisdictions which use the company's voting and tabulation systems, including nearly 60% of California counties, where we have an ongoing Gubernatorial Recall election right now, which could be adversely effected by what top cybersecurity and voting system experts have described to me as a very serious security breach.

  After nearly a week of reporting on this story, almost exclusively, following the release of the software during MyPillow CEO Mike Lindell's failed MAGA "Cyber Symposium" in South Dakota last week, where Tina Peters appeared on stage several times, others are now jumping in. That, as CO's Democratic Sec. of State Jenna Griswold finally issued a news release Monday on the apparent theft. Griswold's office cites Peters and two others as having snuck into the Mesa County Election Division office late at night in May to make image copies of two hard drives containing the software. A criminal investigation by the state's Republican Attorney General is now reportedly under way, but Griswold states that Peters has now been removed from her elected post as Clerk, and will be replaced by appointment of the Secretary, after security cameras were also reportedly turned off in the office to hide the alleged crime. The voting and tabulation hardware and software in Mesa will also now all need to be replaced at considerable cost to taxpayers.

  The news release from the SoS office also references a vaguely worded assessment of some sort on this matter, said to be from the U.S. Cyber Security and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security. The release claims that "CISA has confirmed that it does not view this breach as a significant heightening of the election risk landscape at this point."

  But an election official in Colorado and, perhaps more notably, several of the nation's top cybersecurity and voting system experts, including the legendary Harri Hursti and UC Berkley's Philip Stark, have told me they are dubious about the CO SoS' statement on this point and the apparent dismissal of concern by CISA. Hursti notes the lack of named attribution for the DHS/CISA assessment, lack of a direct quote from any official at CISA, and no similar or supporting statement released directly by CISA itself. Moreover, as one CO election official told me, the phrase "at this point" in the reference attributed to CISA is likely doing quite a bit of heavy lifting there.

  We've sought additional comment, clarification and/or attribution for the curious CISA assessment from Griswold's office. We've yet to receive a response. We expect to cover this issue in more detail on our next BradCast, including said response, if received by then. Despite the downplaying of concerns from "CISA" and the CO SoS, we have reason to remain concerned about this breach, amid CA's ongoing Recall election.

• Finally, Desi Doyen joins us for our latest Green News Report, as a tropical storm compounds Haiti's deadly weekend earthquake disaster; July shatters all-time heat records on Planet Earth; and the federal government declares a water shortage on the Colorado River for the very first time, resulting in serious implications for water supplies to both Arizona and Nevada amid the ongoing mega-drought in Western states...

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Grim, breaking news out of both Haiti and Afghanistan forced us to set aside our previous plans for today's BradCast. [Audio link to show follows below this summary.]

First, breaking coverage on the continuing fallout and search for survivors following the enormous, 7.2 magnitude earthquake on Saturday in Les Cays, Haiti, about 80 miles east of the capitol, Port-au-Prince. As we went to air, more than 1,400 have been declared dead, with thousands more injured. There is already a shortage of hospitals, doctors, medicine and shelter as tens of thousands of families have been left homeless. The temblor in the Western Hemisphere's poorest nation comes as it was already struggling with the pandemic and a lack of vaccines, gang violence, and political chaos in the wake of the July 7 assassination of its President.

It also comes as Tropical Depression Grace is set to roll in on Monday night, with some 15 inches of rain expected in some areas. The scale of human tragedy at this hour in Haiti is unfathomable. It's likely to get much worse in the days ahead.

And while nations like Haiti are desperate for vaccines, authoritarian governors in Florida and Texas are blocking small, local governments and schools from even instituting mask requirements as the school year begins. Last week it was announced that 3 Broward County, FL teachers died from COVID over a 24-hour period. None were vaccinated. That, as several school districts defy Gov. Ron DeSantis order blocking mandates to help keep schools open and children alive.

In Texas, the state's all-Republican Supreme Court stood behind Gov. Greg Abbott's similar ban on mask requirements. Several of the state's most populous counties, such as Dallas and Bexar (San Antonio) are also defying their Governors deadly, authoritarian edict.

Then, on the other side of the globe, another massive human tragedy is unfolding today, as Kabul, the capitol city in Afghanistan, fell to the Taliban on Sunday, while U.S. forces are completing their withdraw by months end after 20 years of war launched following the 9/11 attacks in 2001. Seven Afghans were killed at Kabul's airport today, as chaos erupted on the tarmac with hundreds of Afghans desperately swarming and clinging to a departing U.S. military jet.

The total collapse of Afghanistan's government --- propped up by the U.S. for decades --- was remarkably swift, with its President fleeing the country over the weekend, handing control of the nation back to the Taliban. U.S. officials say they are stunned by the speed with which the Afghan government simply melted away in recent days. They shouldn't have been. Washington Post's Susannah George reported over the weekend on local, regional and provincial officials literally selling out to the Taliban over the past year and a half, beginning on the very day that the Trump Administration announced an agreement with the Taliban and Afghan Government to withdraw all U.S. forces by May 1 of this year.

Though President Biden extended the deadline for leaving until the end of August, he honored the deal made by the previous Administration to pull out. He spoke today at the White House as to why he stands by his decision, despite the unfolding tragedies. We share his remarks in full, in which he reiterated his previous vow in July that after the deaths of some 2,500 U.S. troops and injuries to more than 20,000 of them, following 20 years of war and more than a trillion dollars spent, he says he cannot, in good conscience, pass on this war to yet a 5th President.

Near the end of the show we open the phone lines to listeners on whether they support Biden's decisions to pull out. The responses, at least today, are remarkably unanimous...

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On today's BradCast: Senate Dems strike a very big deal and the U.S. Election Assistance Commission gets sued again, this time for rolling back voting system standards after secret, unlawful meetings with the manufacturers they are supposed to be regulating. [Audio link to show is posted below.]

First up, in what is being reported as potentially "transformative" legislation for the country, Senate Democrats on Tuesday night announced they had come to an agreement on a deal that would invest $3.5 trillion into the expansion of Medicare, the Affordable Care Act, child care and a host of other "human infrastructure" priorities, while also addressing climate change with a broad array of clean energy incentives. The blueprint for the agreement still lacks specific legislative language, but was struck after weeks of work in the Senate Budget Committee chaired by Bernie Sanders (I-VT). Democratic Committee members, such as centrist Mark Warner of Virginia, are also said to be on board with the package, which would be paid for by increased taxes on those making more than $400,000 a year and on large corporations. If all Senate Dems agree to the final bill and no more than 4 Democrats defect in the House, the measure could be adopted under Senate Reconciliation rules with a simple majority vote without the need for any Republicans.

Passage of that package, along with adoption of the smaller bipartisan nearly $600 billion proposal recently hashed out among moderate Senators on more traditional infrastructure spending, such as for roads and bridges, would amount to a massive victory for Democrats (presuming Republicans do not renege on their part of the agreement) and, more importantly, for jobs, families the climate and the American people as a whole. It would be the largest such spending package since the New Deal. We walk through some of the reported details of the new reconciliation package and what it may mean for Americans before the 2022 mid-term elections.

And, speaking of elections, earlier this year we reported on the U.S. Election Assistance Commission (EAC)'s secret and unlawful meetings last year with voting system vendors, as discovered by SUSAN GREENHALGH, longtime election integrity advocate and Senior Advisor on Election Security at the non-partisan government watchdog group, Free Speech for People (FSFP). As she revealed at the time, the EAC's meetings, even with vendors, are all supposed to be public, according to the federal Help American Vote Act (HAVA). Her group was forced to sue to make the EAC cough up emails and other records detailing the secret vendor meetings. Most disturbingly, the EAC's Commissioners made alarming changes to newly drafted voting system certification guidelines just after those meetings.

The EAC is the federal agency responsible for creating certification guidelines for the nation's voting and tabulation systems. After a painstaking 5-year process in public consultation with technical advisors and other experts, the final draft of the much-needed and long-awaited Voluntary Voting System Guidelines (VVSG) 2.0 was released last year. It included, among other important elements, a ban on wireless modems in voting and tabulation systems. Cybersecurity experts applauded the provision, after long warning of the dangers of such devices in systems that register, record and tabulate the nation's votes.

After the EAC's secret meetings with voting system vendors last year, however, the agency weakened the new guidelines --- removing, for instance, the ban against wireless modems --- and revealed an amended, watered-down version just days before Commissioners voted for final approval of the new standards. Experts were stunned. Now Greenhalgh's FSFP is suing the EAC again, along with co-plaintiff Philip Stark, an elections expert from UC-Berkeley and a member of the EAC's own Board of Advisors (as well as a recent guest on this program). The complaint [PDF] calls for the EAC to roll back the last minute changes made to the guidelines after they secretly met with the voting system manufacturers.

Greenhalgh joins us to explain all of this latest madness, what it could mean for election security, why the EAC made these changes and continue to roll over for the vendors they are supposed to be regulating, and to discuss the perils of the woeful EAC's under-handed changes at a time when cyberattacks are on the rise and confidence in election results (justifiably or not) is plummeting.

"Rather than being an independent source of information regarding voting systems, the EAC is going to the vendors to ask them the questions and understand how the systems work. And, of course, the vendors aren't going to say, 'Yeah, this is highly insecure, we shouldn't be doing this,'" Greenhalgh explains.

"It's mind blowing to me," Greenhalgh tells me, when I ask if the EAC Commissioners fully understand the security risks involved in allowing the modems that vendors want in their systems (for reasons she also explains.) "You would think they'd want to err on the side of caution, they would want to err on the side of security. And if there was a good reason to allow this, then why not have this process out in the open where they can make the case to the public as to why 'we think this is a secure way to go.'? Instead they did the whole thing behind closed doors, in a super shady manner. Doesn't engender a lot of confidence." 

Finally today, in addition to the Dems' massive new infrastructure proposal announced on Tuesday night, Senate Democrats also unveiled a long-overdue, landmark proposal to finally legalize cannabis at the federal level. That bill, however, will require some Republicans to come aboard for passage, so we'll see how it goes...

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Our plans for covering the Biden/Putin summit in Geneva today were happily tossed aside late today, with the big news that West Virginia Democrat Joe Manchin is apparently willing to compromise on a voting rights bill in the U.S. Senate! Frankly, it's more important right now than Biden/Putin, so they got bumped from today's BradCast. We didn't, however, bump our guest today, who offers some critical insight on the disturbing news that Donald Trump's Justice Department "spied" on House Democrats Adam Schiff and Eric Swalwell. [Audio link to full show follows this summary.]

First up, Sen. Manchin has been the only Democrat in the upper chamber unwilling to come on board as co-sponsor of the For the People Act (H.R.1 in the House, where it's already passed and S.1 in the Senate, where Manchin is holding it up.) In fact, he recently declared in a hometown paper op-ed that he opposes the measure (even though he co-sponsored it back in 2019), while also restating his opposition to reform of the filibuster. Such reform would be required to adopt the For the People Act with a simple majority of Democrats in the Senate.

Today, however, Manchin released a memo [PDF] detailing his "Compromise" points for support of the For the People Act! We discuss those points at the top of today's show. They include a whole bunch of stuff that's in the current measure already adopted by the House, along with a few "New" items that he is seeking. Most of them are acceptable (such as "Make election day a public holiday"), where some others (such as a measure for seemingly modest "voter ID" requirements) may be a bit more controversial among some Democrats and voting rights advocates.

All told, however, while the devil remains in the details --- and his simple bullet points offer few --- we see nothing particularly objectionable about Manchin's "Compromise" list. At least nothing that should prevent passage of such a measure ASAP to help counter some of the extreme voter suppression measures currently being adopted by Republicans at the state level around the country in advance of the 2022 mid-terms.

There is still the problem that, as Manchin's memo notes, "federal voting rights legislation must be the result of both Democrats and Republicans coming together to find a pathway forward." He's right, of course, in general. But the fact is that Republicans have zero interest in finding any such path. There is also the problem that, even if Dems can settle on a bill they (and Manchin) all like, there is little chance in hell that even one Republican will come on board to support it, much less the 10 that would be needed to overcome a GOP filibuster. If Manchin won't agree to compromise on the filibuster --- at least to pass democracy related legislation --- the measure would go nowhere.

Still, one step at a time. Today's news, that Manchin is finally willing, at least, to compromise on the For the People Act, is tremendously encouraging for those of us who care about the survival of democracy in the U.S.

Next, we're joined by long-time, independent national security journalist MARCY WHEELER of Emptywheel, with some critical insight on the news that broke late last week revealing the Trump Dept. of Justice secretly subpoenaed phone, email and text message records of House Democrats Adam Schiff and Eric Swalwell in 2018. Both were, and are, members of the U.S. House Permanent Selection Committee on Intelligence (HPSCI) and both were regarded by our disgraced former President as his political enemies.

In addition to Schiff and Swalwell, the Trump DoJ's shocking secret surveillance also included scores of Congressional aides and even their children, purportedly as part of a probe into leaks regarding a Foreign Intelligence Surveillance Act (FISA) warrant taken out during the Obama Administration on 2016 Trump Campaign advisor, Carter Page.

Following the news this week, the House Judiciary Committee announced a formal investigation into what they describe as "a pretext to spy on President Trump’s perceived political enemies". Also, Attorney General Merrick Garland has asked the DoJ Inspector General for a probe into the matter as well.

Wheeler, however, offered some very helpful "perspective on the politicized leak investigation" by Trump's DoJ at her website, which we discuss today. Among the points she notes: This isn't actually "spying"; It isn't actually unprecedented --- well, mostly; and the fact that the secret subpoenas reportedly only sought metadata (records of who and when someone was called, emailed or texted, rather than the actual content of those communications), shouldn't really bother Democratic lawmakers at all, given that they have long defended the collection of "just" metadata in probes by law enforcement officials.

Wheeler notes Schiff has been "championing" the "it's 'just' metadata" claims for years "when he talks about surveilling Americans." But, she explains, "when you get metadata [going back] ten years, that is enormously powerful." Putting limits "on the span on metadata that you can pull without a judicial order" might be "something, maybe that Adam Schiff will have learned his lesson" from here, she quips.

Moreover, the breadth of the secret subpoenas --- for example, obtaining Schiff's records from Apple going all the way back to 2009 for an investigation into a leak that occurred in 2017 --- was wildly broad. And, though the records apparently didn't reveal any of the Congressmembers or their staff (or their children) were guilty of leaking, the FBI and DoJ were legally allowed to hold onto to those records for years, potentially using them for other reasons as well, as it appears Trump's AG Bill Barr may have. As Marcy snarked in her piece on this at Emptywheel: "It’s a pity for Adam Schiff that no one in charge of surveillance in Congress imposed better trackability requirements on FBI’s access of its investigative collections."

Schiff is currently the Chair of HPSCI. At the time of the secret subpoenas, he was the Committee's ranking Democrat and has long been supportive of these types of virtually limitless subpoenas, according to Wheeler.

There are other outrages here, for example, the length of allowable gag orders, preventing companies like Apple from notifying customers, for years, that they are being surveilled, as in this case; the fact that there are no real requirements for narrowly tailoring such broad searches. Wheeler is hopeful that lawmakers may learn from this, now that they have become the targets. Naturally, they are bothered when it happens to them and to journalists, whereas the same invasive practices targeting ordinary Americans receives little attention or concern from lawmakers.

"The standard is there is no probable cause required," for these kinds of searches, she explains. "The FBI could have just said, 'We need all of the phone records for everybody on HPSCI because they are the people who got the document that was leaked,'  and that meets the relevant standard. And that is the standard that Adam Schiff has been telling us for years isn't all that intrusive"...

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Writing at Washington Monthly today, asking "Why Is Merrick Garland Defending Bill Barr's Policies?," law professor and Free Speech for People (FSFP) Board Member Jennifer Taub quips: "This is Merrick Garland's Tylenol moment, and by which I mean he has more than a headache but a poisoning on his hands." Yup. Today's BradCast won't cure his headache, but it may offer an antidote for the poisoning...if he pays attention. [Audio link to full show follows below.]

The new Attorney General spoke at the Dept. of Justice on Tuesday about his national strategy to focus on the rise of domestic terrorism, particularly carried out by white supremacists in the wake of the Trump-incited January 6th attack on the U.S. Capitol. Garland described such incidents as "attacks on all of us collectively, aimed at rending the fabric of our democratic society and driving us apart," adding: "We have an enormous task ahead, to move forward as a country, to punish the perpetrators, to do everything possible to prevent similar attacks and to do so in a manner that affirms the values on which our justice system is founded and upon which democracy depends."

Garland's remarks follow on his announcement Friday that he is doubling the number of DoJ attorneys focused on enforcing voting rights at the federal level in light of new vote suppression laws being adopted by Republicans in states around the country.

So, he seems to understand at least two major threats to the values "on which our justice system is founded and upon which democracy depends." But is he really prepared to punish all of the perpetrators?

Every day now it seems that stunning new information is revealed as to just how poisoned our Dept. of Justice had become under the Trump Administration, as the former President used the nation's once widely respected law enforcement agency for his own personal purposes, to protect himself from legal accountability (as in former AG Bill Barr's use of the department to block Trump from criminal accountability for obstruction following Special Counsel Robert Mueller's findings and from civil accountability in the defamation case filed by Trump's alleged rape victim, E. Jean Carroll, both of which Taub writes about today); to wield power against his perceived political enemies (as we learned last week, when it was revealed that the DoJ secretly obtained phone, email and text message records from Democratic lawmakers and several media outlets in 2018); and, in futile efforts to keep himself in power (as we learned today, based on emails obtained by the House Oversight Committee revealing Trump tried to order the DoJ to file briefs in the U.S. Supreme Court in support of his evidence-free big lie that the 2020 election was stolen from him).

As more and more emerges, it's difficult to keep up with it all. But, sadly, what we know so far is likely only the tip of the iceberg. That's why, back in February, a group of non-partisan government watchdog groups penned a letter [PDF] to then Judge Merrick Garland, prior to his confirmation as AG, calling on him to form a task force at the DoJ immediately after being confirmed, "to investigate any potential federal criminal or civil violations that may have been committed by former President Trump, members of his administration, or his campaign, business, or other associates."

The letter, which has now been signed onto by more than 200,000 Americans, according to FSFP, asks Garland to convene the task force to probe Trump's "flurry of unethical, unconstitutional, and often criminal activity, culminating on January 6, 2021, with the seditious insurrection on the United States Capitol incited and encouraged by former President Trump and his allies."

"If we are to begin the process of restoring the integrity of the Department of Justice and the rule of law to our nation," the groups write --- before detailing at least five different categories of "potential offenses" by the previous administration --- "it is essential that the Department thoroughly investigate these actions and, where warranted and appropriate, hold accountable those who have violated the nation's laws."

That DoJ task force, however, has yet to be formed. And Garland, according to our guest today, Constitutional attorney and longtime voting rights champion JOHN BONIFAZ, co-founder and President of FSFP, has yet to reply to the February letter.

On today's show, Bonifaz explains why "it's critical" that this task force be stood up, and why such a group of prosecutors need to be convened in this matter, rather than an independent commission formed by Congress, a blue ribbon panel formed by the White House or even another Special Counsel investigation launched by DoJ.

While he supports Congressional oversight in general, he explains: "The reason why we believe a task force is the best way to go over a Special Counsel is we do think this should not be assigned outside of the Department to someone who then is seen, as Robert Mueller was, as the sole arbiter of this." While disagreeing, as many scholars do, with the notion that a sitting President cannot be criminally indicted, Bonifaz explains that Mueller's report "was very clear that once the President was out of office, he would be free to be prosecuted for those crimes."

"That's just one example of many as to why this task force needs to be created," he tells me. "There are multiple investigations that need to proceed, and potentially multiple prosecutions. It would be an outrage for this Administration to claim that it's going to turn the page, it's not going to conduct that kind of accountability for those that have engaged in such lawless behavior in the last Administration. That's what happens on the road to tyranny. If we're to protect our democracy and our Constitution, it's critical that we hold Donald Trump and his associates accountable for the violations of federal criminal law they may have committed."

We discuss a number of the already known issues currently crying out for real probes by federal prosecutors if the DoJ is ever to be restored; concerns about Trump associates still burrowed in at Justice; the many investigations known to have been shut down by Barr which should quickly be re-opened; and the question of "why is the Biden Justice Department continuing the work of the Barr Justice Department" when it comes to attacks on press freedoms via only-recently lifted gag orders on secret subpoenas of reporters' private records and "the intervention that the Barr Justice Department started in the E. Jean Carroll case --- both of these decisions were clearly made with Garland's knowledge."

I also ask Bonifaz for his opinion on whether he believes Garland is actually up to the gargantuan task of dealing with the ongoing and increasing problems that DoJ must now handle regarding all sorts of criminal and civil matters, even while bringing both accountability for the unprecedented corruption of the previous Administration and the necessary reforms at DoJ to avoid the same or worse abuse of the nation's top law enforcement agency in the future.

"I think this is a moment for the Department of Justice, but also for democracy and our Constitution. And they need to get it right," he explains.

In a separate matter, FSFP --- which was founded in the wake of the Supreme Court's 2010 'Citizens United' ruling that opened the floodgates to corporate money in American elections --- is now working at the state level to enact model legislation that would bar corporations with foreign investors (which is a whole lot of them!) from being allowed to spend money in state and municipal elections.

Finally, we're joined by Desi Doyen, as new temperature records are being smashed during the year's first major (and very early) heat wave, for our latest Green News Report. Beyond the bad news about climate change, we've got some very good news to close with today, particularly for folks up in Alaska...

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NICOLE SANDLER back again, holding down the fort, guest hosting the BradCast while Brad and Desi are sidelined due to jackhammers tearing up the concrete outside their studio. Hopefully the noise ends soon, and they can return. [Audio link to full show is posted below.]

President Biden announced recently that he'd withdraw all American troops from Afghanistan by 9/11-- the 20th anniversary of the attack. But now, military officials say that the withdrawal will be complete by early-mid July. The fact is, there’s no reason we should have been in Afghanistan for 20 years...but it seems that when the United States sends troops somewhere, they usually leave a few behind.

So I thought today was a good day to talk with DAVID VINE, Professor of Anthropology at American University and author of United States of War: A Global History of America's Endless Conflicts, from Columbus to the Islamic State. Vine explains, among other things, that in its 245-year existence, the US has been involved in war for all but 11 of those years!

After a heavy discussion about war, I thought it was time to lighten the mood a bit. One of my favorite pandemic discoveries is the Marsh family from Kent, England, who have charmed the world with their musical videos dealing with life during the pandemic and lockdowns. I know that Brad shared their song imploring everyone to get vaccinated, "Have the New Jab" because I sent it to him to try to ease his needle nervousness.

Memorial Day is Monday, and now that most of us have been vaccinated, many will head out to parties or other gatherings for the holiday. Well, apparently the Marsh family is a bit ahead of us, as it seems that Ben and Danielle, the Marsh parents, overdid it on their first night out with friends, and the children scold them in song in this clever mashup of song parodies, "Sipping Through Their Fingers / Father and Sons," giving Abba and Cat Stevens the Marsh Family treatment. Enjoy!...

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On today's BradCast, the fight for truth and justice continues from Palestine to Washington D.C. to Los Angeles, CA. [Audio link to full show is posted below summary.]

Just before airtime today, encouraging news broke that Israel and Hamas have agreed to a cease-fire after nearly two weeks of fighting that left at least 230 Palestinians (including at least 65 children) dead in Gaza, and 12 Israels (including two children) dead on the other side. The promised pause in hostilities comes after President Biden's long-overdue pressure on Israeli Prime Minister Benjamin Netanyahu, which came after pressure from Congressional Democrats on Biden.

Republicans in Congress, meanwhile, revealed once again this week the bad faith with which they are supposedly "working" with Democrats. After the top Democrat and Republican on the Homeland Security Committee in the House negotiated a deal for the structure of an evenly partisan divided, independent commission to examine the deadly January 6th insurrection at the U.S. Capitol, the GOP minority leaders in both the House and Senate whipped their own members to reject it. Nonetheless, the House passed the resolution to create the Jan. 6 Commission on Wednesday, after some stunning and dramatic debate, with 35 Republicans joining all of the Dems to adopt the Commission. The rest of the House GOPers scoffed at the attack on the Capitol and even at the U.S. Capitol Police themselves, the very law enforcement officials who risked life and limb to protect all Congressional members on that shameful, historic day. The measure must still overcome a Republican filibuster to be adopted in the Senate, where Mitch McConnell is opposing with lies about it being "unbalanced", in hopes of protecting his party, his counterpart in the House, Kevin McCarthy, and our disgraced former President who incited the riot.

Meanwhile, back here in California, we catch up with the GOP's ongoing recall attempt of progressive Democratic Governor Gavin Newsom, whose poll numbers are on the rise, as the rates of COVID infections, deaths and positive tests are now among the lowest --- if not THE lowest --- in the nation. The CA GOP, unable to win statewide elections anymore, unless they can fool voters during a low turnout recall election, had cited Newsom's handling of the pandemic and the state's homelessness crisis as reason to unseat the first term Governor in a recall election later this year.

As our guest today, retired attorney and longtime BRAD BLOG legal analyst ERNEST A. CANNING explained in a fascinating post this week, however, a federal judge may have recently buttressed Newsom's case when it comes to his efforts on the housing crisis in the Golden State as well.

Specifically, while noting the high marks given to the Governor in the judge's ruling in the case filed by the Los Angeles Alliance for Human Rights seeking federal intervention on the homelessness crisis in L.A. City and County, U.S. District Court Judge David Carter's 110-page decision cites the real reason for, as Canning described it, "the nightmare of homelessness at the heart of a place that dares to call itself the City of Angels."

Canning explains Judge Carter's "eye-opening" historical revelations as he detailed a century of systemic racism and corruption in Southern California that has directly resulted in the crisis which now disproportionately affects African-Americans. From "racially restrictive covenants, redlining and eminent domain" used by Los Angeles "to racially segregate neighborhoods" to "Ku Klux Klan violence [that] further targeted Black families who resided in majority white neighborhoods" to sea-side property taken "from Black families and turn[ed]...into a whites-only park," the judge offered an insightful and maddening history of the horrors that have come to haunt all of us --- or, certainly should --- here in Southern California.

"There were no African Americans," says Canning, where he went to school while growing up in SoCal in the 50s and 60s. "The thing that Judge Carter reveals is that that didn't happen by happenstance. Back in 1910, 36% of African Americans were living in racially-diverse neighborhoods, and they were homeowners. In steps, the KKK, enforcement of racially restrictive covenants, redlining, and eminent domain" changed all of that. "We're not talking about Georgia or any of the former Confederate states, we're talking about Southern California."

I hope you'll take a look at his coverage of Judge Carter's ruling here.

Finally, Desi Doyen joins us for our latest Green News Report, with some not horrible, landmark news from the International Energy Agency on how the usually fossil fuel-friendly agency is now calling for reaching net zero carbon emissions by 2050; and some incredibly exciting news on Wednesday night's unveiling by the Ford Motor Company of their brand-new, game-changing, all-electric F-150 Lightning pick-up truck, that could just save the world...and power your entire house for days...

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Today on The BradCast, we slide down the slippery, oil-soaked slope of increasingly dangerous ransomware attacks with, as our guest warns today, "nothing" to stop one from taking out an election in the not-too-distant future.

But, first up, some better news out of a federal courtroom in Texas this afternoon, where a judge has nixed the National Rifle Association's attempt to escape accountability for massive corruption and self-dealing in New York, where state Attorney General Letitia James is suing the 150-year old "charitable" group to dissolve it. The NRA had filed for bankruptcy protection in order to duck NY's lawsuit and re-charter itself in the Lone Star State, where apparently they welcome corrupt "charitable" organizations. As we discussed on the show last week, with NRA expert and author Igor Volsky, the group's leader Wayne LaPierre, remarkably, filed for Chapter 11 protection without the knowledge of its Board of Directors or General Counsel. The judge described that as "shocking" and found that the NRA was unlawfully hoping to use the bankruptcy proceedings to avoid the NY state litigation. Judge Harlin Hale didn't buy it, however, and dismissed the "bad faith" filing today after an 11-day trial. The NRA will now have to face the music in NY, where the state AG declared in response: "No one is above the law." (We'll hope that's also true in her ongoing probe of bank and tax fraud by Donald Trump and his Trump Organization as well. She already succeed in shutting down HIS phony "charity", calling itself the Trump Foundation.)

Also today, more breaking news out of Arizona. Despite claims from some state Republican Senators that they are embarrassed by the clown show currently playing out in Phoenix with the Cyber Ninjas' "audit" theater of 2.1 million ballots from the 2020 Presidential election in Maricopa County, (one such GOP Senator who voted for the exercise now laments, "It makes us look like idiots"), the same Senators passed legislation on Tuesday to make it harder for some 140,000 Arizonans to vote. Republican Gov. Doug Ducey signed the new law today, less than an hour after passage, which would purge voters from the permanent mail-in ballot list if they fail to vote in two elections in a row and then fail to return a letter within 90 days of it being sent to them. Democrats and some businesses charge that the measure disproportionately targets voters of color. But, of course, that's a feature, not a bug for the state GOP, still smarting from having lost the Presidential election and both of its U.S. Senate seats to Democrats.

Then, we're joined by longtime cybersecurity and national security journalist KIM ZETTER to discuss the ransomware attack which has led to the shut down of the Colonial Pipeline. The company's network supplies nearly half of the gas, jet fuel and diesel used on the Eastern Seaboard, as is snakes some 5,500 miles from Texas to New Jersey.

Zetter explains how this attack, attributed to a Russia-based group calling themselves DarkSide, was apparently able to burrow its way into Colonial's corporate IT computer network, if not to the operational computer network that actually controls the pipeline system, as well as why the company quickly decided to shut down the pipeline itself anyway.

After sharing some details she has gleaned from sources, including pipeline customers and suppliers, we discuss the recent rise of ransomware attacks which are extraordinarily effective and difficult to prevent. Many companies and organizations --- businesses large and small, hospitals, banks, and both state and local governments --- are now forced to pay the ransom demanded by the cyber-terrorists. Even today, news broke that negotiations between ransomware attackers and the D.C. Metropolitan Police have broken down, with the attackers now threatening to publicly release a sensitive list of police informants if more money is not offered. (The group is demanding $4 million, but claims the Department has offered only $100,000.)

"Unfortunately, this is an industry now," Zetter explains, describing the firms that now specialize in serving as negotiators with the hackers, while helping the crippled companies restore their systems with decryption tools supplied by the hackers once ransom has been paid.

Zetter is also one of the few journalists in the nation that has been covering concerns and vulnerabilities in computerized voting and tabulation systems as long as me. I spent many a sleepless night last year concerned about the possibility of a ransomware attack on wildly vulnerable state and county elections systems. "Nothing" can prevent such an attack, warns Zetter, especially on systems that are often left exposed and vulnerable on the Internet all year around, even when there are no current elections under way (as we discussed in detail with Zetter in 2019.)

As you may imagine, we've got lots to talk about with Zetter today. She has written for years on these matters at outlets such as Wired, Politico, New York Times, Vice's Motherboard and is the author of the book Countdown to Zero Day: Stuxnet and the Launch of the World's First Digital Weapon. She also now writes her own newsletter called Zero Day, covering all of these topics and more.

Finally, Desi Doyen joins us with the latest Green News Report, with more on how the shutdown of the Colonial Pipeline, the largest such network in the nation, is crippling the fuel supply on the East Coast; how a new study finds air pollution from farms causes thousands of premature deaths each year in the U.S.; more ominous signs of the worsening drought in California; and some much better news regarding electric vehicles and action being taken by the Biden Administration to restore landmark federal protections for migratory birds after the Trump Administration had dismantled them...

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We've got two lede stories really on today's BradCast. You can decide for yourself which one is the more maddening. [Audio link to full show is posted below this summary.]

Late last week, the bi-partisan Federal Elections Commission (FEC) announced they were ignoring the advice of their own General Counsel by voting down further investigation of the Stormy Daniels hush-money case payoffs by a former disgraced President. Two Republican appointees voted to kill, two Dem appointees voted to continue the probe (with one Repub recusing and one independent absent for the vote). The way the broken, six-person FEC is structured, no investigations of campaign finance reform violations --- no matter how obvious and blatant, as in this case --- can move forward unless there are four votes to do so.

Here, it's a slam dunk. Donald Trump's former personal lawyer and fixer, Michael Cohen, was already found guilty and sent to prison for the criminal campaign finance conspiracy in which he paid off the adult film star to keep quiet about her affair with Trump. The affair took place ten years before the 2016 election. The payments were given to her just days before the election. It was clearly an election related expense, yet the Trump Campaign failed to report it, and Trump himself paid Cohen back for the payouts during his time as President.

Both Cohen and the DoJ stated in Court, before Cohen went to prison, that the payments were part of a criminal conspiracy "directed by" and "for the benefit of" Trump himself.

The explanation of the Republican commissioners on the FEC for killing the probe is ridiculously laughable, as we discuss with our guest today, former FEC Chair ANN RAVEL. She was appointed to the Commission under President Obama in 2013 and served until 2017. She, too, agrees this was a "slam dunk" case against Trump, which serves to highlight how the GOP have permanently "captured" the Commission in order to make certain that Republicans are never held to account for violations of federal campaign finance laws.

"Wanting to do nothing is exactly how the Republican Commissioners have always been able to assure that the Commission doesn't do what it is supposed to do to make elections and the electoral process fair, and to make sure that there is total disclosure of campaign finance activities," Ravel explains. "You're right to say that it's a 'slam dunk' case. In particular, because the [FEC's] General Counsel said [Trump's behavior] was 'knowing and willful', which it clearly was. 'Knowing and willful' is the criminal standard. So that may be an alert to the Justice Department that they need to now go forward and prosecute the case."

The DoJ prosecuted Cohen for participating in the conspiracy. Now the nation's top law enforcement agency needs to prosecute the man that the DoJ has already said "directed" it!

Ravel also offers her insight on how the FEC became so captured and broken in the first place (Hint: Trump's former White House Counsel and longtime GOP operative Don McGahn struck a corrupt bargain with Mitch McConnell years ago) and on the Democratic plan in the For the People Act (otherwise known as H.R.1 and S1) to reform the FEC. The plan would restructure it from a 6-person panel designed to deadlock and never move anything forward, to a 5-person panel of appointees selected by non-partisan judges and attorneys, with the fifth appointed by the President. No more than two people from any one political party could serve on the Commission at once, and appointees would have to have spent a number of years not working on political campaigns or as staffers for elected officials, among other sensible restrictions.

"The positive about what they have proposed in HR1 is that there would be a blue-ribbon commission, comprised of people who actually believe in the law and enforcement of the law, who would be nominating and reviewing particular individuals to be on the commission who would abide by the law. That is key to making the change --- to have people who are not beholden to a particular political party, who independently would look at the law and make decisions based on what the legal requirements are."

Naturally, Republicans oppose the reform (along with HR1 in its entirety) and are lying about it to say that it would turn the Commission from a bi-partisan commission into one that gives Democrats partisan control.

Ravel also explains how the Stormy Daniels case --- which can still be prosecuted on a criminal level by the DoJ --- is not necessary over at the FEC either, since the vote to kill the inquiry can now be appealed in a court of law by an outside group.

Then, I've got a bit of a today on the absurd clown show of an audit of the 2020 Presidential election still under way in Maricopa County (Phoenix), Arizona (which we've been covering in detail for the past several weeks); the legitimate audit, being led by several top shelf election and voting systems experts set to begin this week in Windham, New Hampshire (as we detailed in some length last Friday); and the remarkable 8,500 word deep-dive investigative report published over the weekend by Washington Post, detailing how the phony myth of Donald Trump's "stolen" 2020 election came together beginning way back in 2018.

In short (which is not easy with an 8,500 word story!), a wealthy Texas businessman and some Republican operatives calling themselves Associated Specials Operations Group (or ASOG) took the research on vulnerabilities in computer voting and tabulation systems compiled by folks like Bev Harris of Black Voting, Cybersecurity journalist Kim Zetter, myself and others, to morph those very real vulnerabilities into phony claims of actual election fraud. Simply because a system is vulnerable, does not mean the vulnerabilities have been exploited. But such distinctions did not matter to this group which is clearly operating in bad faith, or to Trump who was happy to highlight any lie to cover for his shame of having been a failed, one-term President.

As I have been trying to explain for nearly 20 years on this beat, whether an election is stolen or not, the fact that we now use privatized, non-overseeable computers to cast and tabulate votes is itself a grave threat to democracy. Ultimately, as I've warned over and over again over the years (and as we are now seeing play out), it doesn't matter if an election is 100% accurate and secure if the public can't know that it is. Secret software and concealed vote counting inside computers run by private companies --- even when done perfectly and securely --- allows those operating in bad faith (as is the case with Republicans right now), to claim an election was stolen, even when there is no proof to support such an extraordinary charge. It's nearly impossible to refute such claims, bogus or otherwise.

I have warned about exactly this scenario as a dangerous threat to democracy itself for years, and now, as I explain on today's show, my worst nightmare is now playing out before all of our eyes...

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On today's BradCast: It's nice to see hundreds of companies and corporate executives coming out in favor of democracy and voting rights. If only they actually meant it. [Audio link to full show is posted below this summary.]

First up today, however, the Biden Administration announced a spate of new sanctions against Russian organizations and individuals in response to both the massive Solar Winds hack of top U.S. agencies, including including the Treasury, Justice, Energy and Homeland Security departments, as well as for what is described as interference in the 2020 election on behalf of Donald Trump.  At the same time, the Administration seems to be going out of their way to downplay the sweeping sanctions by suggesting that they are open to top level discussions to avoid further exacerbating growing tensions between the two nations.

But one of the 32 individuals sanctioned is of note today because the announcement from the U.S. Treasury Department refers to the 2016 election, charging that the individual, Konstanin Kilimnik shared proprietary polling information given to him by Trump's first campaign manager, Paul Manafort, directly with Russian Intelligence Services.  If true, that would be significant new information. Previous reports on Russia's involvement in the 2016 election from both Special Counsel Robert Mueller and the bipartisan Senate Intelligence Committee cite the information Manafort is said to have given to his former business associate Kilimnik, a Russian and Ukrainian political operative linked to Russian intelligence. But neither of those voluminous report goes so far as to say that the data was subsequently given directly to Russian intelligence services.  Those reports acknowledge they were not able to learn what came of it after it was handed over to Kilimnik. Today's announcement of the sanctions by the Treasury, however, notes: "During the 2016 U.S. presidential election campaign, Kilimnik provided the Russian Intelligence Services with sensitive information on polling and campaign strategy."

As national security website Just Security observes: "The Treasury Department’s new statement raises questions about why this information is coming out now and why the Special Counsel’s office did not have access to it during its investigation. Was it not available then or did it exist but was not provided to the Mueller team?"   So, does this mean the Biden Administration has uncovered details on manipulation of the 2016 election that was previously hidden or withheld by the Trump Administration?  It looks like the "Clean up on Aisle 45" will be continuing for quite some time. There is a LOT to clean up.

In not entirely unrelated news, hundreds of companies and corporate CEOs issued a full-size, two-page ad in the New York Times, Washington Post and other papers this week, with a short statement purporting to declare "WE STAND FOR DEMOCRACY," and noting: "We all should feel a responsibility to defend the right to vote and to oppose any discriminatory legislation or measures that restrict or prevent any eligible voter from having an equal and fair opportunity to cast a ballot."

Though the statement doesn't mention any specific states, it was issued in response to Republicans' recently enacted voters suppression law in Georgia and dozens of other states where similar restrictions on the franchise, in bills sponsored by GOP state lawmakers, are moving forward.  All of which is said to be in response to false claims by Trump and Republicans of massive fraud in 2020.  Georgia's new law, for example, makes it more difficult to vote by mail, limits the use of drop boxes, bans the distribution of food or water on long voting lines (which are all too typical in certain parts of the Peach State) and allows the partisan GOP state legislature to replace bipartisan County Election Boards with a single partisan person who will be able to unilaterally undermine elections or even overturn results.

While statements like the one issued this week in the two-page ad --- and, before it, by Atlanta-based companies such as Coca-Cola, Delta Airlines --- have resulted in good publicity for those signed onto them, they have also brought blowback from the right, leading Republicans (who pretend to abhor so-called "cancel culture") to demand boycotts of any company which stands up for voting rights.

I have railed in recent weeks about the absurdity of Republicans finally paying attention to concerns about new voter suppression laws only now that a number of corporations have come out in apparent opposition to such laws. Corporate entities, it seems, have far more sway with the GOP lawmakers who ignored weeks of complaints and protests about the new laws from actual voters before the GA law was passed.

But our guest today is seemingly even more cynical about these recent corporate declarations of fealty to democracy. We're joined today by MICHAEL HILTZIK, Pulitzer Prize-winning journalist and business columnist at the Los Angeles Times. He argued in his column this week that many of the "vague" declarations recently by large corporations are no substitute for actual action. He cites a host of companies, for example, which, following the January 6th U.S. Capitol insurrection, vowed to suspend donations to lawmakers who had voted to overturn the Electoral College results that same day. Despite those public pronouncements, he details one company after another --- from Jet Blue to AT&T to Toyota --- which, despite their previous public claims, have since given plenty of money to dozens of Republicans who voted against the certification of Biden's Electoral College victory.

In his column, he notes that while many companies and executives have come out in opposition of suppressive voting laws, almost none have gone on record to demand the passage of measures which would counteract them, such as the John Lewis Voting Rights Act or H.R. 1, the For the People Act.

"It's not that unusual for businesses to affiliate themselves on the side of the angels when they feel a lot of popular pressure to do so.  But once again the question is, what are they going to do about it?," Hiltzik tells me today. "Let's face facts. Many of the companies --- if not all of them --- that signed on to these statements, these honeyed words, had been assiduous supporters of the politicians who are now out there introducing and passing laws that restrict the voting franchise."

Criticizing their failure to speak out before Georgia's law was adopted, for example, he says, "They didn't really put their reputations on the line when they didn't think they had to.  And, as a result, we have a law in Georgia that's going to be very hard to repeal because the more these companies come out and say this is wrong, the more the rightwing legislators who passed it are doubling down, saying 'We're not going to kowtow to these liberal leftwing corporations'.  So they lost their chance. They're trying to recover. But I don't think they really deserve a lot of credence just by signing a statement."

Moreover, he explains, many of these very same companies have been opponents of democracy within their own corporate organizations. "What's really hypocritical is that these same companies that have said 'We believe in democracy, we believe in everybody having a vote' --- they've actually gone to the Securities and Exchange Commission and asked for, and received, a tightening of the rules that makes it even harder for small shareholders to get resolutions on the annual meeting agenda, and to actually get votes on the resolutions that they submit."

There is plenty of cynicism on today's show to go around. And it extends to our discussion of the need for campaign finance reform, and several neat GOP tricks that have long been used to prevent such long-overdue efforts to keep corporations out of our elections altogether.

Finally, Desi Doyen joins us once again for our latest Green News Report, which, as always, is chocked full of important news, including Japan's announcement that they intend to dump more than a million tons of radioactive water from the crippled Fukushima nuclear plant into the sea. And we close with a follow up to that story from the Guardian today, regarding Japan's ill-fated attempt to marginalize concerns from their own citizens and neighboring countries, by using a cartoon character dubbed "Little Mr. Tritium" to make the massive release of radioactive wastewater slightly more adorable than it actually otherwise is...

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IN TODAY'S RADIO REPORT: U.S. global threat assessment warns climate change is a clear and present danger; Japan to dump Fukushima's radioactive wastewater into the Pacific Ocean; Biden's budget seeks to undo Trump's damage; Atmospheric methane hits largest single-year increase on record; PLUS: To combat climate change, France moves to ban short airline flights... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): China ‘Must Shut 600 Coal-Fired Plants’ To Hit Climate Target; Big Companies Line Up to Crush Green Transparency Resolutions; Study Finds Lower Life Expectancy Around Superfund Sites; Tribal Lawsuit Halts Donlin Gold Mine; 'Seismic shift' at FERC could kill natural gas pipelines; Florida To Close Wastewater Reservoir With Leak History... PLUS: DDT’s Toxic Legacy Can Harm Granddaughters Of Women Exposed: Study... and much, MUCH more! ...

On today's BradCast: Joe Biden is on a "go big" roll that has stunned even many long time progressives. Another one of them joins us on today's show to sing the praises (mostly) of his $2.25 trillion infrastructure, jobs and climate proposal known as the American Jobs Plan. It will be paid for --- at least in very small part --- by ending long time direct subsidies (yes, government socialism) to the Fossil Fuel Industry. But, even on that, the industry is getting a break that they shouldn't. [Audio link to full show is posted below this summary.]

First up today, however, some noteworthy news headlines...

• The white Brooklyn Center, Minnesota police officer who resigned yesterday after shooting black motorist Daunte Wright during a traffic stop on Sunday, has been charged with second-degree manslaughter after days of protest and unrest. The city's Police Chief, who also resigned on Tuesday, has said that the 26-year veteran officer, Kim Potter, meant to taze the 20-year old Wright, but shot him instead.

• A scathing new Inspector General's report finds that U.S. Capitol Police were instructed by leadership not to use their best crowd-control weapons on January 6th, despite clear intelligence from the FBI and Dept. of Homeland Security warning that "Congress itself is the target" for protests by Donald Trump supporters who were scammed by his false claims that the Presidential election was stolen. In the days before the assault, pro-Trump social media sites included explicit details regarding plans by MAGA Mob extremists to target both the Capitol and members of Congress, including maps of underground tunnels at the Capitol building and threats calling for "violence" and "war". While DHS and the FBI were aware of these threats --- and, therefore, so was Trump --- for reasons that still remain unclear, the Capitol Police were left wildly unprepared for the deadly siege.

• And, in perhaps the most critical news of the day, President Biden announced, in no uncertain terms, his plans to remove all U.S. troops (other than those needed to protect diplomats) from Afghanistan no later than September 11th of this year, the twentieth anniversary of the 9/11 attacks. He explained his reasoning and responded to critics of the move in remarks at the White House today, declaring that "It's time to end the forever war." We share extended excerpts from his address.

Then, we're joined by the great energy and climate journalist DAVID ROBERTS --- formerly of Vox, now publishing his own must-read newsletter called "Volts" --- for insight into Biden's plans to pay for what Roberts characterizes as a remarkably progressive infrastructure, jobs and climate proposal.

Introduced two weeks ago, the American Jobs Plan is to be paid for largely by an increase on the corporate tax rate. But, as Roberts detailed in a recent Volts article, it will also include a repeal of some of the permanent subsidies to the Fossil Fuel industry which they have enjoyed for decades, as written into the tax code. While many progressives are pleased about that, including Roberts, the fact is that those direct subsidies to the industry, as he points out, amount to a very small fraction of the cost of Biden's ambitious plan. Indeed, at some $35 billion for the entire industry, spread out over ten years, it also amounts to a very small amount of the true cost of the "indirectsubsidies" or "externalities" which the public pays for to boost profits for the polluting industry.

The direct subsidies, says Roberts, are "a drop in the bucket" compared to "the total amount of money that would be raised if you went after the indirect subsidies" with a carbon tax that accounts for the true cost of the industry's "products that produce a lot of social harm.  Harm in terms of air pollution that they generate, which then produces health costs, and people miss work. There's the climate damages that they do when they're burned. There's land pollution. There's abandoned oil and gas wells at the end of their life. Those cost a lot of money" to clean up, which the companies rarely, if ever, do.

"The oil and gas industry itself doesn't pay any of those costs. So when your product imposes all these costs and you don't pay them, the public steps in and pays them. Like the kids with asthma who are paying, rather than the fossil fuel companies." Roberts suggests "those externalities, as they're called, have always been the premise for a carbon tax, why we would want to put a tax on carbon so that you can recoup all these damages that the oil and gas industry are not paying for."

Still, setting aside how the package is to be paid for, Roberts concedes that he is "pleasantly surprised" about the "super-big and ambitious" package which includes, as he also details, a whole bunch of cool stuff that has received little coverage, since there is actually so much packed into the sweeping, long-overdue proposal.

How to get it passed, however --- and, specifically approved by "our emperor and benefactor Joe Manchin, long may He reign" --- is another matter, which we discuss in detail today as well.

"Where we are is so ludicrously far away from where we need to be, that it becomes difficult to judge anything in the middle," Roberts argues. "Is this a good big step or is it a grossly inadequate step? Yes. It's both. Everything we're going to do on climate change for the next decades will fit that description. It's going to be big and not big enough."

We then close today with a quick thought or two on a new statement from hundreds of companies and corporate executives in opposition to the GOP attempts to restrict voting rights around the country. We hope to have more time to discuss the matter on tomorrow's BradCast...

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Hopefully today's BradCast, if nothing else, serves as a friendly reminder that Liz Cheney --- whether or not she met the incredibly low Republican bar by voting to impeach Donald Trump after the January 6th MAGA Mob insurrection at the U.S. Capitol --- is still not your friend, much less some sort of hero. [Audio link to full show is posted at end of summary below.]

Among the many news items and important insights and context covered on today's program...

• The Biden Administration will finally withdraw the last of our 2,500 U.S. troops still deployed to Afghanistan by September 11th of this year, 20 years after the 9/11 attacks which resulted in our seemingly endless war there and elsewhere. For some reason we remain dubious about that exit date...even if we are hopeful.

• The FDA and CDC are recommending a "pause" on the use of Johnson & Johnson's COVID vaccine after finding it led to rare blood clots in six women out of more than 3.8 doses administered in the U.S. For the record, the coronavirus, as of today, has killed more than 562,000 Americans to date, which is more deaths over the past year than 188 September 11th attacks.

• After two nights of protests and unrest in Brooklyn Center, Minnesota --- a suburb outside of Minneapolis, where white, former cop Dereck Chauvin is currently on trial for the murder of George Floyd --- the city's Police Chief and 26-year officer Kim Potter resigned Tuesday following her Sunday killing of Daunte Wright. Potter says she accidentally shot the 20-year old black man while attempting to taze him after he was pulled over for expired tags on his vehicle. The incident was capture by Potter's body cam video released on Monday, the day after the shooting.

• As disturbing as the video of Wright's killing was, another confrontation captured via body cam between cops and a black Hispanic man --- this one, a uniformed Army lieutenant named Caron Nazario --- is arguably even more disturbing for reasons we discuss on today's show. The incident, which included the berating and point-blank pepper-spraying at gun-point of an incredibly compliant and polite unarmed Nazario, occurred last December. The video tape, however, was only released publicly on Monday as part of Nazario's lawsuit against the abusive Windsor, Virginia police officers Joe Gutierrez and Daniel Crocker who pulled him over on a dark highway for a missing permanent license plate on his new car. (Temporary tags were in the window and clearly visible in the video tape.) Gutierrez has now resigned and Virginia's Attorney General has opened a civil rights investigation into the incident, one of undoubtedly thousands of similar ones not caught on viral video tape each year in America.

• Wyoming's Republican Rep. Liz Cheney has been attacked by many in her party and lauded by some on the non-right for living up to the absolutely lowest expectations for a Republican these days after having voted in favor of the second impeachment of Trump in January, for his incitement of the U.S. Capitol attack. But, as we've noted on several occasions since then, nobody should mistake her for anything other than her diabolically rightwing father's daughter. That was made clear on Monday during an appearance with Georgetown’s Institute of Politics and Public Service when she appeared to condemn the radical extremism rampant in her own party while simultaneously "both sidesing" the matter with references to extremist in "both parties". Sorry, Liz. This isn't even close to a "both sides" issue. But, if there are still any question about that...

• ...Disturbing new data released by the Center for Strategic and International Studies (CSIS), reaching back 25 years and analyzed by the Washington Post on Monday, finds "Domestic terrorism incidents have soared to new highs in the United States, driven chiefly by white-supremacist, anti-Muslim and anti-government extremists on the far right." And the numbers of both incidents and fatalities in recent years aren't even close to those attributed to "far left" attacks. We comb through the Post's analysis of the troubling data, while noting its alarming similarity to the warnings included in a 2009 DHS report on far-right domestic extremism that was ultimately retracted by the Obama Administration after Republicans pretended to be outraged about it (after saying nothing about a similar report regarding left-wing extremism released just prior.) Coincidentally we notice that WaPo's original headline for their analysis on Monday was "Domestic terrorism data shows right-wing violence on the rise." That was apparently quickly changed online yesterday to the more GOP-friendly "The rise of domestic extremism in America." We're sure Liz Cheney is delighted about that.

• Finally, Desi Doyen joins us for our latest Green News Report, chocked full of troubling climate change news, as usual, but featuring at least one story that leaves us moderately more hopeful today...at least when it comes to the ability for warring battery makers to come together for the good of our not-a-moment-too-soon electric car future...

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The long, necessary and arduous 'Clean up on Aisle 45' isn't only a domestic challenge. The disgraced former President also left a disastrous mess behind in hard won foreign alliances and unilaterally broken international agreements. On today's BradCast, we dive back into the landmark, 7-party nuclear accord with Iran which Donald Trump not only violated and broke, but specifically sabotaged thereafter in order to make it more difficult, if not impossible, for future American Presidents to restore. [Audio link to full show is posted below.]

But before we dive into that foreign mess today, the domestic disaster Trump unleashed on January 6th at the U.S. Capitol continues to reverberate. On Wednesday, 10 more members of Congress joined the federal civil suit filed against the former President in February by Mississippi's Democratic Rep. Bennie Thompson. The suit charges Trump violated the Ku Klux Klan Act of 1871 by inciting his supporters to block Congress from carrying out its Constitutional duty of counting and ratifying the Electoral College vote from the 2020 Presidential election.

The newly amended complaint, filed by the NAACP, also names Trump attorney Rudy Giuliani, the white supremacist group The Proud Boys (and several newly formed entities created after the legal dissolution of that extremist organization), as well as the Oath Keepers as defendants. It details the trauma suffered by the Congressional members during the deadly attack and in the days that followed.

In February, a 57-43 majority of the U.S. Senate, including 7 Republicans, found Trump guilty of "Incitement of Insurrection" during his historic second impeachment trial. The plaintiffs in the amended Thompson complaint seek both compensatory and punitive damages, as well as injunctive relief, with the dollar amount to be determined by jurors at a D.C. federal court trial.

Coincidentally today, the New York Times obtained an excerpt from a new book by former Republican U.S. House Speaker John Boehner who correctly writes that his party has been taken over by "whack jobs" and cites Trump as having "incited that bloody insurrection," charging him with "stoking the flames of conspiracy that turned into violence in the seat of our democracy."

Next, we turn to one of Trump's (many) foreign disasters, as talks began this week in Vienna, through intermediaries for the U.S. and Iran, in hopes of finding a way toward restoration of the landmark 2015 nuclear deal between the two countries. The pact was struck after years of delicate negotiation by the Obama Administration along with China, France, Russia, the UK and Germany. As you'll recall, Trump unilaterally violated the otherwise successful deal that curbed Iran's nuclear program and removed stockpiles of uranium from the country in exchange for the lifting of certain sanctions against the Islamic Republic.

Even though the Trump Administration confirmed Iran's compliance with the terms of the deal, the 45th President nonetheless violated it by by pulling the U.S. out and re-imposing punishing sanctions. According to our guest today, however, that's not all he did. Trump also imposed additional punishing sanctions and did so in a way that would cripple the ability for any future President to lift them and return to the agreement.

We're joined today by DR. TRITA PARSI, Middle East foreign policy expert and Executive Vice President of the Quincy Institute for Responsible Statecraft. Parsi, who also co-founded the National Iranian American Council, the largest Iranian-American grassroots organization in the U.S., worked as an advisor to the Obama White House during the complicated negotiations for the 2015 deal, known as the Joint Comprehensive Plan of Action (or JCPOA). He documents those efforts in his book, Losing an Enemy: Obama, Iran, and the Triumph of Diplomacy.

Today, Parsi details Trump's sabotage of the JCPOA, and the clever trick employed by the Administration to make it far more difficult to lift the "sanctions wall" they imposed. While his Administration was a failure at just about everything else, Parsi quips, "I don't think anyone actually has accused them of being bad at destruction. At destruction they actually excelled quite well, and in almost an unprecedented and unparalleled way."

During the conversation, he goes on to explains the clear --- if difficult --- road back toward restoration of the accord; discusses the week's encouraging news out of Vienna; outlines the urgency of the talks just two months before new elections are held in Iran; and offers insight on the price the U.S. may now have to pay in order to win back the trust of the Iranians after the U.S. violated the hard-won terms of the agreement.

"To put it into context," Parsi tells me, "the Iranians just signed a 25-year agreement with the Chinese. The Iranians probably do not care at all who comes in and replaces [Chinese President] Xi, they don't care who is the head of the Communist Party, because they have confidence that the Chinese are going to keep their word. Whereas on our end, unfortunately, we couldn't keep an agreement for two years, even one that we were the lead negotiator of."

In some related-ish news which broke during our conversation with Parsi, the Biden Administration announced plans to restore some $325 million in U.S. humanitarian assistance to Palestinians which had been terminated by the Trump Administration.

Finally, we close today with an update on the landmark unionization vote at the Amazon warehouse in Bessemer, Alabama, at what would be the first such facility in the U.S. for the retail giant where workers win collective bargaining rights. Voting in the mail-in election ended about a week and a half ago. So what's the delay in learning the results? I explain the complicated process the federal National Labor Relations Board must carry out in tallying the secret ballots from the company's 5,800 warehouse workers in Bessemer. Long story short: We may be hearing news of the results fairly soon...

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