As usual, we're looking both forward and back on today's BradCast...and not a whole lot of it looks fantastic in either direction. But their could be some accountability on the horizon, which always looks good to us. [Audio link to full show is below this summary.]

First up, some climate and "sausage making" news. New polling finds that a majority of Americans --- in both major parties --- now finally see our quickly worsening climate crisis as being of "high importance" to them. We break down the new survey and what it does and doesn't mean.

In related matters, as discussed on yesterday's program, there is still a chance that the U.S. could meet President Biden's pledge to cut greenhouse gas emissions that cause global warming in half by 2030 and reach net zero emissions by 2050, even after corrupt, coal-state Democratic Sen. Joe Manchin insisted on removing the key program for clean electricity from Biden's Build Back Better reconciliation bill. That program would have paid utility companies to move quickly to clean energy sources and penalized those that stuck with dirty, dangerous fossil fuels like coal and natural gas. But those already long odds may be getting much longer if Manchin is successful in removing yet another key climate provision from the bill, fees that are to be levied against the release of methane from oil and gas wells. Desi Doyen explains why that program is so important and how killing or weakening it, as Manchin reportedly wants, could be a fatal blow to our chances of surviving our ongoing climate emergency.

Next, the Biden Administration this week has, for a second time, rejected our disgraced, twice-impeached former President's attempt to invoke Executive Privilege to prevent the release of more Trump-era White House documents regarding the attack on the U.S. Capitol on January 6th. The documents are the second tranche requested of the National Archives by the U.S. House Select Committee investigating the Trump-incited attack.

That bad news for the former President (but good news for all democracy-loving Americans) comes on the heels of a series of reporting shedding additional light on Trump's attempt to steal the 2020 election, including by insurrection at the Capitol. Over the weekend, Washington Post detailed the "war room" effort carried out at the historic Willard Hotel near the White House from December through January, as Trump's activist lawyers, goons and other operatives, such as Rudy Giuliani and Steve Bannon, plotted various ways to overturn Joe Biden's victory.

Another report over the weekend from Rolling Stone documents the ways in which at least seven GOP U.S. House Reps participating in the planning of the rallies that led to the assault on the Capitol. Those members of Congress, according to two of the organizers who served as sources for the magazine (who are also said to be cooperating with the Jan. 6 Committee) are Marjorie Taylor Greene (R-GA), Paul Gosar (R-AZ), Lauren Boebert (R-CO), Mo Brooks (R-AL), Madison Cawthorn (R-NC), Andy Biggs (R-AZ) and Louie Gohmert (R-TX). In the wake of the reporting, a number of Democrats in the House are now calling for the expulsion of those Republican members.

The Rolling Stone report also cites Gosar as encouraging the two unnamed organizers by telling them they could expect a "blanket pardon" from the President for a separate, unidentified matter in which they are said to have been involved. If true, Gosar's (apparently false) promise, if it was actually made, also seems to place Trump himself squarely at the center of organizing the conspiracy that eventually became a deadly attack on the U.S. Capitol.

Monday, on MSNBC, Bob Woodward and Robert Costa, who detailed the Willard Hotel war room in their new book PERIL, offered more details, with Woodward reporting that the pair had "talked recently with a former Republican head of the Criminal Division in the Justice Department who said there is a 'lay down case,' just in what we know --- 18 U.S. Code, Section 371 --- a law that says it is a crime to defraud the government in any deceptive way, and that's exactly what they did here."

Last night, citing Woodward's comment, our guest today, KEITH BARBER, who blogs at Daily Kos under the name "KeithDB", broke down exactly what 18 U.S.C. § 371 actually is and how it could or should be applied here. In addition to being a regular dKos contributor on legal and constitutional matters, Barber is a former U.S. Army Captain, a longtime (now retired) attorney, and a lifelong Republican, at least "pre- Trump", according to his profile at the website.

Today, he walks us through the statute in question today, explaining how it is interpreted by the DoJ and how it appears to apply quite perfectly to both Trump and his cronies in their efforts to steal last year's Presidential election through deception and fraud.

Citing the DoJ's own explanation for its attorneys, Barber notes that he "was really surprised how stunningly broad" the statute is. "It basically can refer to impairing, obstructing or defeating the lawful function of any department of government, or depriving any department of government of its lawful right and duty required by law."

"Here," he continues, "we have counting of the Electoral College votes, very much required by law. That has to be done. A duty of Congress by law. And, arguably, the efforts going on in that 'war room', even setting aside the violence question --- the efforts to, through legalese and bogus Constitutional means, overturn the election --- constituted an effort, through deception and dishonesty, to overturn the election." Barber argues that Trump's criminal conspiracy seems to perfectly meets the DoJ's definition of the law, exactly as Woodward and Costa's former DoJ source posited.

Then, of course, the question is: Will the House Select Committee on January 6 cite that section of federal law and, more importantly, will the DoJ take action to enforce it against Trump and/or his cronies? As we also discuss, the DoJ has been less than aggressive in upholding the conspiracy law against Trump in other matters, such as the criminal conspiracy that both federal prosecutors and his former lawyer, Michael Cohen, allege that Trump "directed" in the hush-money payoffs to adult film actress Stormy Daniels --- for which his co-conspirator Cohen served time in prison.

There's much more in our conversation, including what to make of Gosar's alleged promise of "blanket pardons" and whether the attempts by Trump attorneys, such as John Eastman and Rudy Giuliani, to avoid testimony to the January 6 Committee by claiming attorney/client privilege, will legally hold up. (Spoiler: It won't, explains Barber.)

Finally, we're joined again by Desi Doyen with our latest Green News Report on one of the busiest weeks in climate news in our 12 years of producing the GNR. So, I won't even try to summarize it here. But, please do tune in for that and much more on today's BradCast!...

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On today's BradCast, I share an idea that I've thought long and hard about, struggled with and, frankly, never thought I'd have, much less recommend, as this idea is essentially counter to everything I have long fought for as a democracy advocate. But, as they say, desperate times...and all that. [Audio link to full show follows this summary below.]

Next Wednesday, Senate Majority Chuck Schumer has told Democrats, he plans to bring up the Freedom to Vote Act for a cloture vote, which --- if successful --- would then allow the Senate to proceed to debate on the bill that is critical right now for the survival of American democracy itself. Even if passed, Freedom to Vote won't save everything, of course, but it will help. Big time. The Joe Manchin-approved "compromise" version of the For the People Act (which has already been passed by the House) would, among a boatload of other long-overdue things, institute automatic voter registration and minimum requirements for Absentee and Early Voting in all 50 states; adopt rules that would limit the most disenfranchising Photo ID restriction laws; require hand-marked paper ballots for all voters(!); and prevent extreme partisan gerrymandering among other much needed stuff that would benefit all voters and democracy itself --- if not necessarily the Republican Party, as they see it, while they continue to lie about the bill in order to place party above both country and democracy.

Next week's cloture vote on the measure is likely to be supported by all 50 members of the Democratic caucus in the Senate. But it is unlikely to be allowed up for debate in the minoritarian Senate because, unless Manchin and any other Democratic obstructionists agree to reform the filibuster to allow democracy saving legislation to pass with a simple majority, it won't receive the 60 votes needed to overcome a Republican obstructionist filibuster. That, as GOP-controlled states across the country continue to adopt measures making it harder for (certain) voters to vote and easier for Republicans to cheat by overturning election results they don't like by partisan fiat.

In 2010, the GOP's so-called "REDMAP" program succeeded with Republicans taking over state legislatures in order to draw extreme partisan gerrymanders following that year's decennial census to assure themselves majorities in both statehouses and Congressional delegations for the ensuing decade, even when receiving a minority of the vote. Now that the 2020 census has been completed --- and the GOP's stolen and packed U.S. Supreme Court has determined that federal courts may not intercede to block partisan gerrymanders in any way --- those same Republican state legislatures are in the process of drawing even more extreme gerrymanders for partisan advantage over the next decade. Experts say that "red" states are now in the process of redistricting in such a way that even if the nation voted exactly as it did in 2020, Republicans would end up taking control of the U.S. House --- even with millions of fewer votes than Democrats receive for their elected members of Congress.

That is just part of the near future that all Americans can look forward to if the Republicans and Democrats like Manchin and Kyrsten Sinema in the Senate prevent passage of the Freedom to Vote Act along with its federal restrictions on extreme partisan gerrymanders.

While I hate the idea, all one has to do is take a look at what the Texas legislature (and others like it) are currently up to and planning this year to realize that it's time --- at least if Freedom to Vote is not adopted --- for Democratically-controlled states to answer the GOP assault on democracy by instituting their own extreme partisan gerrymanders in response.

As noted, I hate that idea. It is, at least on the surface, counter to the small "d" democratic ideals that I have always fought for. But, at this point, with the American democratic experiment now teetering toward unstoppable authoritarianism, unilateral disarmament by Democrats seems more like a suicide pact. Yes, for Democrats, but, much more importantly, for democracy itself.

I suspect not everyone will agree with me here, including my guest today. I'm joined by the man who actually wrote the book on partisan gerrymanders, DAVID DALEY of FairVote.org. His book on the GOP's REDMAP assault on democracy is called Ratfucked: The True Story Behind the Secret Plan to Steal America's Democracy. His more recent follow-up, out this year, is Unrigged: How Americans Are Battle Back to Save Democracy.

Daley details the horrors to come from the GOP's extreme gerrymandering plans that we will see in the next few weeks and months, describing them as "really bleak for the Democrats on the redistricting front". For example, he explains, "if you look at the 2020 election, Democratic candidates for the U.S. House won 4.7 million more votes than Republican candidates, but that only turned into a 5 seat majority. Republicans, simply by redistricting in Texas, Georgia, North Carolina and Florida alone --- before you even get to the handful of other states where they can pick up individual seats --- could probably get at least twice the number that they need to flip the House simply by gerrymandering those states."

But, even as he argues in favor of "Constitutional hardball" from Democrats, he does not agree with me that Dems should participate in the same sort of behavior in response when it comes to redistricting this year, describing it as "rearranging deck chairs on the Titanic." He explains why, and we debate the issue on today's program.

I welcome your thoughts on this matter via email or in comments below, as I hope to discuss this more on the show in the days ahead.

Finally today, as if anyone needed more evidence of the dangers that await a fully Trumpified GOP takeover of democracy (even more than has already occurred), at least one Republican candidate running for the House of Delegates in Virginia next month should scare the hell out of you..and, for reasons that Desi Doyen explains, especially Virginians...

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Of course they knew they were lying at the time. The pathetic thing is, their supporters who they continue to dupe, still believe the lies even today! But just in case anyone needs actual proof of Team Trump's attempt to use a Big Lie to try and steal the 2020 election, new evidence discussed on today's BradCast has been unearthed via the discovery process in one of the many defamation cases now filed against the Trump Campaign and their lawyers, Rudy Giuliani and Sidney Powell. [Audio to full show is posted at the end of this summary.]

According to a report from the New York Times today, a memo written by the Campaign in November, included in a recent motion filed by former Dominion Voting Systems employee Eric Coomer, reveals that even while Trump's attorneys were lying to the public about Dominion having stolen the election (so they could try and steal it themselves) via an insane, evidence-free conspiracy theory involving hacked voting machines, George Soros, China, Cuba, Venezuela and its dead President Hugo Chavez (among others), the Campaign knew it was all nonsense.

None of it stopped their attorney from continuing to try and steal the 2020 election anyway, nor from defaming Dominion (which is suing a bunch of them, along with Fox "News" and other far-right outlets) nor Coomer, its former director of product strategy and security, who they falsely claimed to have been key to Dominion's non-existent strategy to hack the election for Joe Biden. Oh, and the Trumpers also falsely claim that Coomer revealed the whole plot while on a recorded conference call with "antifa", with whom he was supposedly a "member," according to the ridiculous MAGA mob claims....even though there is no such actual organization (and, apparently, no such actual recording. Go figure!)

The Dominion/Venezuela/Hugo Chavez part of the story - which also involves another company named Sequoia, which is suing for defamation as well, and has even LESS to do with any theft of 2020 --- is somewhat our fault. The Powell/Giuliani lies about Venezuela and Chavez and Dominion and Smartmatic were spun from a twisted and bastardized version of my exclusive, investigative reporting from 2008 to 2010. (Reporting that was well-sourced, accurate, independently verifiable, and which happily still stand by.) Thus, we spend some time unpacking the latest revelations in this story for you today, as twisted as it all is.

That story, in turn, helps us kick off a host of fresh accountability-related stories today that are unlikely to end well for any of the Trumpers. Among them...

• Republican Senators (and Trump lackeys) Lindsey Graham and Mike Lee also didn't buy the bogus fraud narrative that the Trump White House and Campaign were selling, according to Bob Woodward and Robert Costa's new book, Peril. Not that that prevented Graham from tossing in with the criminal conspiracy in Georgia with Trump, Giuliani and others, to try and steal the election in the state. That criminal conspiracy is currently being investigated by Atlanta's Fulton County District Attorney.

• During a routine scheduling hearing in New York state court, the lawyer for Allen Weisselberg, the Chief Financial Officer at the Trump Organization, who has been indicted along with the company on several felony charges related to an alleged, long-running, tax fraud scheme, described as "sweeping and audacious" by state prosecutors, revealed that new indictments may be coming in the case. Little more was offered as far as who might be indicted and on what basis the attorney made his claims, but there ya go. In the meantime, the judge has pushed the next hearing to July of next year to allow Weisselberg time to review some 6 million pages of documents submitted as evidence in the case, pushing any trial to August or September of 2022 at the earliest. That, of course, presumes Weisselberg, who has worked at the Trump Organization for five decades, doesn't decide to flip on his boss before then to avoid huge fines and years in prison.

• As to fines (and legal fees) that Trump and/or his businesses may have to cough up, given all of the ongoing legal battles they are defending against, that could become a very big problem for the disgraced former President as well. According to new reporting, occupancy rates are plummeting at Trump's properties, including his headquarters Trump Tower in New York and his tower in Chicago. A $100 million loan for the Fifth Avenue building in NYC has now been placed onto a "debt watch list" by the loan's master servicer, Wells Fargo, due to the quickly falling occupancy rate in the building since the end of last year. And that comes as Trump is reportedly personally on the hook for loans up to $400 million coming due in the next couple of years.

• And, if you think it's time for us to move on from Trump accountability coverage since he's no longer in officer, well, we've got some bad news for you. We haven't even given up yet on George W. Bush accountability news! Happily, he faced a bit of accountability this weekend for his years of unprosecuted war crimes, courtesy of a U.S. Iraq war vet this past weekend in Los Angeles. We've got the play-by-play.

• Finally, Desi Doyen joins us for our latest Green News Report, with good news and bad (mostly bad) as the U.N. General Assembly meets this week in New York and much more. Also, remember when the Trump Administration moved the Bureau of Land Management headquarters from D.C. to Grand Junction, Colorado in 2019 to try and pretty much kill the federal agency? Well, that largely worked, with nearly 300 experts, scientists and other employees who chose to resign or retire rather than move their lives across the country for no legitimate reason. Now the Biden Administration's Interior Department is moving the BLM back to D.C.

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It's an old cliche by now that every bad disaster movie begins with a scientist's warnings being ignored. We'll continue to hope, on today's BradCast, that California's Gubernatorial Recall election, with voting under way right now and Election Day next Tuesday, doesn't turn into a bad disaster movie...now that CA's Democratic Secretary of State seems to be ignoring the urgent warnings from a whole bunch of the nation's top computer scientists. [Audio link to full show is posted below this summary.]

Several weeks ago, polling of likely voters in the GOP's sleazy attempt to oust Democratic Gov. Gavin Newsom from office in a special recall election, suggested a dead heat on the question of removal for the otherwise popular progressive Golden State Guv. Today, more recent polling suggest Newsom is up by more than 10 points among those considered to be likely voters, according to 538's average of recent surveys, and by about 8.5 points in RealClearPolitics' round-up. That, after the very Trumpy, far-right Republican radio host, Larry Elder, has emerged as Newsom's likely replacement if the Governor loses on the ballot's first question as to whether he should be recalled.

In the meantime, as we have been highlighting over the past month, California's state election officials should be very concerned about a new security threat to the election itself following the theft of Election Management System (EMS) software made by Dominion Voting Systems. The vendor's systems are used to run elections in nearly 60% of California jurisdictions. Copies of its EMS software were apparently purloined in the middle of the night by a far-right County Clerk in Mesa County, Colorado last May before being released to the wilds of the Internet during MyPillow CEO Mike Lindell's phony "cyber symposium" last month. That release now poses "critical new risks to the recall election," according to eight of the nation's top cyber security and voting system experts. They sent a chilling, 3-page warning letter [PDF] to CA Sec. of State Dr. Shirley Weber late last week, advising her to mandate a statewide Risk-Limiting Audit (RLA) as the "one critical action" she can and should take immediately to try and mitigate against this "serious threat" which, the experts argue, warrants "emergency action" on the part of state officials.

One of the authors of that letter, DR. DUNCAN BUELL, Chair Emeritus in Computer Science and Engineering at University of South Carolina, joins us on today's show to explain the letter, the threat and the need for the SoS to take action now, rather than waiting until after Election Day.

"If the results are known first and then somebody says 'let's audit', there will always be some skepticism and some conspiracy theory that the reason for the audit is because the result came out different from somebody in power who wanted it to be a different result," Buell tells me. "You've got to mandate the audit before you have the result so the voters know that this is being done specifically for the right reasons."

He goes on to explain how the EMS software, which can now be downloaded and explored for vulnerabilities by anyone with an Internet connection, is "absolutely central to everything" when it comes to running elections on computer systems. "The EMS is almost certainly going to be configuring ballot styles --- even for hand-marked [paper] ballots, where the bubble is to be filled in, in terms of position on the page --- and it's going to be the system at the end of the day that does the tabulations. So anything that is that central is really critical."

When I ask if it's an overstatement to refer access to the EMS software as "the keys to the kingdom" when it comes to computerized voting and tabulation systems, Buell confirms: "I don't think that's an overstatement at all. That's very much the case."

Even with the recent shift in polling, suggesting a possible lead for Newsom in the Recall, Buell notes, "I don't necessarily think either side should be breathing a 'sigh of relief' because the problem really is that the election system needs to be secure, and the election process has to be done in a transparent way that voters can trust and understand. With the release of the [EMS] software, it's hard for anyone to really feel that what's going to happen is what ought to happen unless there is a statistically sound Risk-Limiting Audit conducted after the fact, just to make sure things got done right. This is a question of confidence, transparency, and the fact that we don't get to do elections over."

He offers much more insight on all of this during our conversation today, as based on his many years of experience with voting systems as both a Professor and expert witness in voting system related cases and challenges across the country. We discuss the lack of response the eight top experts have so far received from Sec. Weber in CA, and a dismissive --- and arguably naive --- statement given by her office to AP last week following the release of the letter.

"I have seen well-meaning election officials with too little skepticism and too much hubris," Buell warns. "I think that's a problem. We don't know what the results are going to be, so we don't know ground truth for what's going to come out of this recall election in California. We can't do it over. This means that, yes, all of the processes have to be rock solid. But it also argues that there needs to be a way, after the fact, to make sure that the outcome that you think you got is the outcome that you should have gotten. That's what one of these RLAs, Risk Limiting Audits, will do."

He also observers that California is lucky, in that the inventor of the RLA protocol, Philip Stark of U.C. Berkeley, is right here to help. Stark is also a signatory of the letter to Weber. He joined us on the show several weeks ago, just after the stolen Dominion EMS software was released, to explain the serious concerns at that time --- well before the national media had noticed any of this, and before CA's SoS got around to seemingly ignoring the warning and advice of the nation's top experts in the field.

Given that Donald Trump is already falsely and predictably claiming that the CA Recall is "a rigged election", as is Fox "News", it's even more imperative that Weber mandate a professional, publicly witnessed, statewide post-election audit now (as opposed to the type of scammy, secret, "audit" theater recently carried out by inexperienced, partisan, conspiracy buffoons in Maricopa County, Arizona, for instance) before the computer-tallied results of next week's critical Recall Election are known.

Speaking of fraud and conspiracy buffoons, we have a bit of fresh news this week about the slow, but still "ongoing" criminal investigation by Fulton County, Georgia District Attorney Fanni Willis into the conspiracy led by Donald Trump to try and strong-arm Peach State officials into stealing the election on his behalf last year. That probe could also end up targeting fellow conspirators Sen. Lindsey Graham (R-SC) and Rudy Giuliani.

And then we close with the really really dumb comments from MyPillow conspiracy buffoon Mike Lindell, in which he recently seems to have thrown himself under the bus on his own streaming video channel, in regards to the $1.3 billion defamation lawsuit he is currently facing from Dominion Voting Systems...

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Donald Trump tried to steal the 2020 election. We really must stop describing his efforts and those by his supporters as "questioning the results" or "claiming fraud" or "trying to overturn the election." The fact is, Trump tried to steal it. He used every means at his disposal to try and do so. Thankfully, he is largely a failure at pretty much everything, so it didn't work, though we now know it came exceedingly close. So, let's start calling it for what it is: An unprecedented attempted by a President of the United States to try and steal a Presidential election. To that end, accountability is now happening. Slowly but quite assuredly, along with a number of other related accountability stories on today's BradCast. [Audio link to full show is posted below this summary.]

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

• Some of the breaking news on today's terror attack at the Kabul airport in Afghanistan, which killed at least 13 U.S. service members and 60 Afghans and seriously injured many more. ISIS-K, an off-shoot of the Islamic State and an enemy of the Taliban, has claimed responsibility for the attack by two suicide bombers. If anything, Thursday's tragedy amidst the largest airlift in U.S. history --- following the swift takeover of the country by the Taliban --- simply serves to underscore even further why the U.S. pullout must continue, and why we certainly shouldn't have been there for 20 years (if at all);

• In much less horrific news, the U.S. Election Assistance Commission (EAC) released its 2020 post-election survey [PDF] of various voting and election-related data from all 50 states last year. While The Guardian's Sam Levine characterizes the report as proving the election was "a remarkable success", we explain why that may be a bit of an overstatement. That said, the data does reveal yet again that, while there were far too many rejections of absentee and mail-in ballots (as is always the case, but especially amid pandemic voting last year), there is still no evidence at all to even suggest that the Presidential election was stolen in any way, shape or form by Joe Biden, the Democrats or anyone else. Not that Donald Trump didn't try (and fail) to do exactly that, of course;

• In much brighter related news, a federal judge in Michigan on Wednesday brought some serious accountability down on nine of the Trump attorneys, including Sidney Powell and Lin Wood, who both helped Trump try to steal the 2020 election by filing fraudulent lawsuits, in this case in Michigan, fraudulently claiming that the election was stolen, using fraudulent claims about fraud. All nine lawyers were excoriated by U.S. District Court Judge Linda V. Parker's scathing 110-page order [PDF], which should (hopefully) end each of the attorneys' careers as officers of the court. Parker mandated the Trump lawyers pay attorneys fees accrued by the city of Detroit and state of Michigan in defending against the "frivolous" so-called "Kraken" lawsuit; take 12 hours of legal classes each (including 6 on Election Law); and, most importantly, face investigations for possible suspension and/or disbarment by legal authorities in each of their home states;

• More accountability for Trump's attempt to steal the 2020 election, specifically for the January 6th attack on the U.S. Capitol that he incited as part of that effort. Seven Capitol Police officers on Thursday filed a lawsuit [PDF] against Trump, several far-right extremist groups charged with aiding the deadly plot, and even against Trump associates like Roger Stone. It is, as the New York Times describes it, "the most expansive civil effort to date seeking to hold Mr. Trump and his allies legally accountable." Trump is already facing two other similar lawsuits filed by the NAACP and by Rep. Eric Swalwell. But, no doubt, the disgraced former President and his supporters will see this new complaint differently, because it is filed by police officers and, as you know, Republicans always "back the blue", right?;

• That lawsuit follows just one day after the bi-partisan U.S. House Select Committee on the January 6th attack issued a massive series of records requests to at least 8 different federal agencies for documents related to Trump's movements, actions and meetings on January 6th, and in the weeks and months both before and after. The requests were sent to, among others, the FBI, Dept. of Homeland Security and National Archives, where Presidential White House records are stored. Trump is apparently livid about the effort, describing it as a "partisan exercise" being carried out by a "Leftist" House Committee. (That may come as a surprise to "Leftist" Committee members Liz Cheney and Adam Kinzinger);

• In still more accountability news today, tangentially related to Trump's attempt to steal last year's election in Michigan: The sentence for the first domestic terrorist, among some 13 charged in the plot to kidnap Democratic Gov. Gretchen Whitmer last year, was handed down on Wednesday. A 25-year old man who, according to Justice Department prosecutors, cooperated with the investigation after initially pleading not guilty, changed his plea and was sentenced to more than 6 years in prison on charges of providing material support for terrorist acts and felony firearms charges. The failed conspiracy, according to the FBI and Whitmer, sprang from Trump's attempt to vilify the Governor for her science-based handling of the COVID pandemic, in a year in which Trump was willing to say and do anything to win the important battleground state. (He lost it by 150,000 votes instead);

• In accountability news only spiritually related to Trump, a federal appeals court declined to overturn the sentence of the man who killed nine Black parishioners at the Emanuel Methodist Episcopal Church in Charleston, South Carolina in 2015. The now-27-year old avowed white supremacist is the first person charged with a death sentence for committing a federal hate crime. While accountability is great, a life sentence would have been sufficient. Killing people is bad, as some of us learned even before Kindergarten. Apparently, the U.S. Government has yet to do so;

• Only politically related to Trump, the Republican state Attorney General in South Dakota, Jason Ravnsborg, who fatally struck a pedestrian last year and left him to die, decided to take a plea deal rather than begin his trial today. Nonetheless, as of airtime, despite the hit and run fatality, Ravnsborg was still in office as the state's top law enforcement official;

• And, in related corrupt Republican state Attorney General news, definitely politically related to Trump, Texas Attorney General Ken Paxton is also still in office. That, despite being charged with multiple felonies for securities fraud some time ago (and, so far, evading trial on those years-old, but still-pending indictments); facing potential disbarment by the State Bar of Texas for his attempt to help Trump steal the election with a bogus, fraudulent, rejected lawsuit filed with the U.S. Supreme Court to try and overturn results in four non-Texas states; and under investigation by the FBI after 7 top staffers in his office quit and filed a legal complaint detailing how AG Paxton was involved in a serious bribery and abuse of power scheme involving protection for one of his top donors and a scheme that involved having the man give a job to his mistress. Well, on that federal investigation, AG Paxton had some good news this week! In an unsigned 374-page report [PDF] published by AG Paxton's office on AG Paxton's letterhead, AG Paxton's own internal investigation found that "AG Paxton’s actions were lawful" and that "AG Paxton committed no crime". Phew! That was close! I'm sure the FBI is calling off their probe, even as we speak.

• Finally, as a late brewing potential major hurricane (Ida) spins toward the Gulf Coast for possible landfall over the weekend, Desi Doyen joins us today for our latest Green News Report, with a suspiciously inordinate amount of encouraging news. But don't worry, there are a few items of the usual catastrophic nature GNR is known for as well. We'd hate to leave anyone disappointed...

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Okay. Now it's not just insane. It could also be criminal, as a leak of actual voting system software at MyPillow CEO Mike Lindell's three-day, so-called "cyber symposium" in South Dakota may have imperiled the security of the Gubernatorial Recall election now under way in California. We've got some exclusive details on today's BradCast. [Audio link to full show is posted below this summary.]

First up, before the details on what appears to have happened at Lindell's bizarre circus show in Sioux Falls, some very quick news, on the Census Bureau's release of 2020 data today and the GOP's plans to use it to gerrymander themselves into a U.S. House majority; U.S. plans to evacuate the embassy in Kabul as the Taliban retakes much of Afghanistan; Support from national teacher's unions to mandate vaccination or testing for the nation's school staff; and Rightwing radio host COVID and vaccine deniers findings themselves dead and/or hospitalized...with COVID.

Then, it's on to the 2020 "stolen election" Crazy Train still unfolding in MAGALand.

On Wednesday, a U.S. District Court judge appointed by Donald Trump, ruled that Dominion Voting Systems' $1.6 billion defamation lawsuits against Trump attorneys Sidney Powell, Rudy Giuliani and, yes, Mike Lindell, may proceed. Judge Carl J. Nichols' 44-page ruling [PDF] denied all parts of the defendants various Motions to Dismiss. Suffice to say it did not go well for them, on any front, leading former crack-addict and current phony stolen-election addict Lindell to declare the ruing "the worst decision a judge has made in the history of this country." (Which someone named Dred Scott would likely dispute.)

But the real madness has been unfolding in South Dakota this week, at Lindell's three-day "Cyber Symposium" that was promised to reveal "absolute proof" that the 2020 election was stolen through a massive, sophisticated cyberattack by China (I think.) Lindell's promised "proof" of the steal was so unimpeachable that it was to result, he's been declaring for weeks, in an immediate 9 to 0 decision by the U.S. Supreme Court to reinstate Trump to the White House this Friday the 13th!

It may not work out that way, however. The far-right newspaper Washington Times published a gob-smacking story on Wednesday, in which a cyber expert hired by Lindell himself to examine and explain the super-secret 37 terabytes of data --- said to have been captured from Internet transfers just days after the November election, revealing that China flipped millions of votes --- told the paper that the data and claims about them were illegitimate.

It's a simply coo-coo for Cocoa Puffs story --- again, from a Rightwing outlet --- detailing how none of Lindell's claims appear to be real, and seem to be sourced to a former Government contractor who was also the source of (false) claims that the Obama Administration wiretapped Trump Tower in 2016. But, as Lindell's own experts explained to the Washington Times, the data doesn't show what it is supposed to show...but that may only be because the source dude supposedly had a stroke the day before the symposium!

Lindell's expert, who says there still could be some evidence of something anyway in the data they did examine, told the paper: "We were handed a turd. And I had to take that turd and turn it into a diamond."

But now the loony toons story takes a potentially much darker turn, albeit a somewhat confusing one. Mother Jones' AJ Vicens does a fine job attempting to make at least some sense of what has happened with this part of the story over the last several days. It seems to involve an election official named Tina Peters, County Clerk of Mesa County, Colorado (who is now apparently being investigated by state law enforcement authorities), a guy named Ron Watkins, widely thought to be "Q" of the infamous Q-Anon MAGA conspiracy world, and potentially a former campaign manager for Rep. Lauren Boebert (R-CO). See Vicens for that part of the story.

The upshot is that duplicate images said to be of stolen hard drives containing actual, proprietary Dominion Voting System software, seemingly from Mesa County, was released at Lindell's Cyber Symposium and is now said to be out in the wild, as it was made available for download to pretty much anybody with the technical know-how to grab it.

This afternoon, we confirmed with legendary Finnish cybersecurity and voting systems expert Harri Hursti, who is at South Dakota conference, apparently serving as an analyst for a news outlet, that the hard drives do, in fact, contain Dominion's Election Management System (EMS) software, though not its source code, as some have reported via Twitter. As Dominion explains on its website, the EMS "Drives the entire election project through a single comprehensive database...From election definition to results reporting." It is, in short, the heart of the entire Dominion election system suite.

"What was shared were 3 different images of installed EMS systems," Hursti told me via email from Sioux Falls. "I can confirm that those were circulated for copying. It [isn't] source code as such, but part of the code is interpreted code, there is human readable and editable things there."

Hursti is well known in the voting system world, where his most notorious "white hat" hack of a Diebold voting system was revealed in HBO's Emmy-nominated 2006 documentary, Hacking Democracy; He was also featured in their 2020 Emmy-nominated Kill Chain: The Cyber War on America's Elections; and, in what may have been Hursti's first American film interview, my own with him in 2010's award-winning Murder, Spies and Voting Lies: The Clint Curtis Story. He also heads up the infamous DefCon Voting Village in Las Vegas each year, and most recently was tapped by the state of New Hampshire to oversee a very thorough, professional and transparent post-election audit to determine why the Diebold optical-scanners in the town of Windham miscounted several hundred votes in a State Representative race last November.

In other words, his credentials here are impeccable. Though what the dangers of the release of Dominion's software into the wild may be is still less than clear. Particularly as it pertains to the September 14th Gubernatorial Recall election now underway here in California. It's something that I am still trying to dig into. Dominion's EMS software is used in a number of large jurisdictions in the state, including San Diego County, San Francisco and Riverside Counties.

Earlier this week, I spoke on The BradCast with cybersecurity and voting system expert Rich DeMillo, founder of Georgia Tech's School of Cybersecurity and Privacy, about serious vulnerability concerns that have recently emerged [PDF] in a long-running federal lawsuit seeking to ban Dominion's touchscreen vote systems across the state of Georgia. How this new security breach may now come into play in either that case, here in California, or in any of the other many jurisdictions which use the same software across the nation, is unclear at the moment. One expert I spoke with this afternoon, however, said it does seem to prove yet again that "security by obscurity" (attempting to keep vulnerable software safe by keeping it a secret) doesn't actually work, especially when it comes to voting systems.

More on this story, I suspect, in the days ahead.

Finally, we close today with Desi Doyen and our latest Green News Report, as Senate Dems move forward with critical climate legislation in their $3.5 trillion reconciliation package, even as deadly, climate change-fueled wildfires, heat waves and floods continue to wreak absolute havoc around the globe this week...

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As Desi notes on today's BradCast, the underlying theme to our boatload of stories is that "elections matter". Then again, that seems to pretty much be our underlying theme every day on this program. Glad she's finally noticed! [Audio link to full show is posted below summary.]

Among the too-many stories covered on today's show...

• Democratic Gov. Andrew Cuomo finally resigns amid his sexual harassment scandal. Lt. Gov. Kathy Hochul will become New York's next Governor and the first woman to serve in that role;

• $1 trillion bipartisan infrastructure bill finally clears the U.S. Senate with a 69 to 30 vote (including 19 Repubs voting in favor with all of the Dems.) It's a big early victory for President Biden's "Build Back Better" agenda and a feather in his cap. But there's a long way to go still, including an eventual vote in the House and, most importantly since everything hinges on it, agreement among Dems on the much larger $3.5 trillion, Dems-only reconciliation package paired to go with it. But, for now, so far so good;

• Pandemic horrors continue to worsen in the U.S., despite easy availability of free, safe and effective vaccines to prevent it. The most devastated states are run mostly or completely by Republicans. Arkansas had just 8 ICU beds available in the entire state as of Monday, according to Republican Gov. Asa Hutchinson, after throwing away 80,000 unused vaccine doses last week. Mississippi had 0 ICU beds open and more than 200 patients waiting in ERs for a room, with all numbers heading straight up. Louisiana hospitals have returned to the bad old pre-vaccine days, but Democratic Gov. John Bel Edwards is "praying and fasting", so that should help. Florida is smashing their pandemic records with hospitalizations at an all-time peak and young, healthy and unvaccinated residents now dying (many from the same church over the past two weeks.) At the same time, Texas is halting elective medical procedures and begging out-of-state health care workers to come to the state. But the Republican Governors in both TX and FL are banning school districts from requiring masks for staff and children (who, under 12, cannot be vaccinated!) in the new school year. Two of the largest districts in Texas are, thankfully, defying Gov. Greg Abbott's authoritarian order. Several districts in Florida are doing the same in response to Gov. Ron DeSantis, who is now threatening to withhold salaries of Superintendents and School Board Members who ignore his tyrannical and deadly edicts;

• In Wisconsin, where a Democratic Governor presides along side a gerrymandered GOP-controlled state legislature, Gov. Tony Evers vetoed several Republican absentee ballot voter suppression laws today, which would have affected disabled and elderly voters in particular, and challenged the state Assembly's schemes to carry out an Arizona-style post-election "audit";

• Speaking of 2020 denialism, Dominion Voting Systems filed three more defamation lawsuits today, seeking $1.6 billion in damages each, against wingnut news outlets Newsmax and One America News Network (OANN), as well as Trump MAGA billionaire Patrick Byrne, the former Overstock CEO and a major financier of the AZ Audit and huckster of 2020 denialism and fetishist merchandise and media. Today's new legal complaints, filed in federal court, are in addition to previous similar ones filed against Trump attorneys Rudy Giuliani and Sidney Powell, as well as MyPillow CEO Mike Lindell and Fox "News". (Ever wonder why these "news" organizations are being sued by voting machines companies, but we haven't been, despite our nearly-20 years of critical reporting on them? There's a reason for that, as we also discuss today.);

• And, speaking of the MyPillow Guy, CNN's Drew Griffin took apart his "Absolute Proof" of election fraud in an investigative report late last week. Even as Griffin made a few errors himself, suffice to say it didn't go well for MyPillow Guy, who is also reportedly having a tough time today kicking off his three-day "Cyber Symposium" in South Dakota, after which he has promised his "absolute proof" will result in a 9 to 0 decision by the U.S. Supreme Court to reinstate Donald Trump before the month is out! Sounds plausible;

• Finally, Desi Doyen joins us for our latest Green News Report, as the U.N. declares "code red for humanity" in its latest assessment by the Intergovernmental Panel on Climate Change (IPCC), while apocalyptic wildfires and drought play out around the world at the very same time from Northern California to Greece. What an elaborate "hoax"!

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It's one of those dark days on The BradCast. But we don't make the news, we just cover it. [Audio link to full show follows this summary.]

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

• NY Attorney General Letitia James releases a report finding Gov. Andrew Cuomo sexually harassed as many as 11 staffers and retaliated against one of them, in violation of both federal and state law. The third-term Democratic Governor continues to deny the charges compiled over 5 months by the AG and refuses to step down. President Biden joins the chorus of calls for Cuomo's resignation. The NY State legislature announces they will soon conclude their impeachment inquiry.

• New York City's outgoing Mayor, Bill de Blasio, announces that patrons of indoor leisure venues such as restaurants, gyms and shows will soon be required to show proof of vaccination. It's the first major U.S. city to require vaccination for use of businesses as the deadly and highly transmissible Delta variant of the coronavirus wreaks havoc, even in places like NYC where a higher-than-average percentage of the population has been smart enough to become vaccinated.

• We continue to share heartbreaking stories of those who waited to too long --- for any number of usually terrible reasons --- to get vaccinated. Today's story features a husband and wife in Texas who didn't trust the vaccine, but now wish they had. They've both been "very, very, very, very sick" in the ICU and on ventilators for weeks. They are now begging relatives to make sure their four children get their shots, as it was too late for both parents to do so.

• Florida is leading the nation of late in infections, hospitalizations and deaths, breaking their own pandemic records on the first two data points over the past several days. President Biden today noted that the states of FL and TX now account for one-third of all cases in the U.S. and called on their GOP Governors to stop making things worse by blocking local health mandates. But, Louisiana is also breaking its own pandemic hospitalization record, leading Gov. John Bel Edwards (D) to reinstate indoor masking mandates and Dr. Catherine O'Neal, Chief Medical Officer of the state's largest hospital, to issue a dire statement on Monday. She calls these the "darkest days" of the pandemic in her state, and is begging residents to mask up and get vaccinated. ERs in the state, she explains, are now unable to treat non-COVID patients, such as those having heart attacks or suffering from vehicle injuries.

• Whether the CDC will say it out loud or not, Pulitzer Prize-winning science reporter Laurie Garrett argues that the "science says" a third mRNA shot is going to be needed for all Americans --- and that those over 60 should already be getting them.

• And, yup, as TPM's Josh Marshall recently argued, citing the damage that mixed-messages from public health officials is causing, including to their own authority, while trying to coddle the voluntarily unvaccinated, "we need more blame": "We need to be placing the burdens on non-vaccination on the unvaccinated. And we need to be clear with the public that the problem is the non-vaccinated. They’re at fault. They’re to blame. And even more, the public influencers, celebrities and political actors who’ve driven resistance to vaccination are to blame."

• In lighter news, the month-old pro-Trump "free speech" social media network (just the newest of many) called GETTR --- created by Trump spokesperson Jason Miller and funded by one of Steve Bannon's Chinese benefactors --- is reportedly being flooded with pro-ISIS propaganda, including "reams of jihadi-related material...graphic videos of beheadings, viral memes that promote violence against the West and even memes of a militant executing Trump in an orange jumpsuit similar to those used in Guantanamo Bay." MAGA!

• Finally, as climate change hastens world collapse faster each day, Desi Doyen joins us for our latest Green News Report! Told you we had a dark show for you today!...

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As noted during today's BradCast, we've been fighting to protect, expand and shore up democracy for nearly 20 years on this program and at The BRAD BLOG. For the first time in all of those years, however, it now really feels as if we are in a battle to save democracy itself in America. So it was very good to hear the President of the United States today stand up and clearly spell out what is now at stake in that fight. [Audio link to full show is posted below summary.]

First up today, Washington Post published a BradCast">fascinating excerpt on Tuesday from a new book by the Post's D.C. correspondents Carol Leonnig and Philip Rucker, named I Alone Can Fix It: Donald J. Trump's Catastrophic Final Year. The lengthy excerpt details the tumultuous, chaotic and dysfunctional 2020 Election Day and Night inside the White House, as Trump discovered he was likely to lose his reelection race. We focus specifically on Leonnig and Rucker's reporting on what seems to have been the genesis of Trump's Big Lie, as it developed that night, reportedly as the brain child of his tipsy personal lawyer Rudy Giuliani. His idea, rejected at first by Trump's advisors, was to simply say "we won" in every battleground state, despite mounting --- and, eventually, solid --- evidence to the contrary.

The Big Lie, adopted by Trump that night during his false "victory" speech in the wee hours, claiming the election was stolen and that "frankly, we did win this election," has poisoned the nation's soul ever since. At least the Republican part of the nation --- if they have a soul --- as GOP state lawmakers have opportunistically exploited that Big Lie in recent months to adopt severe new restrictions on voting and to institute provisions that allow partisan officials to overturn election results for virtually any reason.

Just before airtime on Monday's show, Democratic state lawmakers from the Texas House of Representatives left the state on two chartered planes to break the House quorum during a special session in the state legislature. The session was called by Republican Gov. Greg Abbott to force through a voter suppression bill that failed to pass when Democrats walked out on the last day of the regular session last May, also denying the GOP of a quorum to conduct business at the time. Now, the state Democrats have gone to D.C. for what they describe as "the fight of our lives." They hope to stop all business in the Republican-dominated state House during the 30-day emergency session and to press Senate Democrats to adopt the For the People Act at the federal level to help counter at least some of the restrictions Republicans are attempting to impose on Lone Star State voters, as well as those elsewhere in the country.

The heroic Dem state lawmakers, who face likely arrest upon returning home, deserve our support for their extraordinary attempted effort to save democracy in Texas. They say they plan to stay in D.C. throughout the 30-day session and lobby Senate Democrats like WV's Joe Manchin and AZ's Kyrsten Sinema to reform the filibuster to allow passage of For the People with a simple majority, as their only hope. Abbott, however, is able to call as many special sessions as he likes upon their eventual return. So, time is now very much of the essence.

At the same time today, President Biden was also using his bully pulpit to press for the protection of voting rights and American democracy itself. In a stirring speech at Philadelphia's National Constitution Center, he outlined what is now at stake, declaring that "we are facing the most significant test of democracy since the Civil War." In remarks that would have sounded right at home during one of my rants on this he program, he noted bluntly, "the Big Lie is just that: a big lie." Biden described passage of federal voting rights legislation as "a national imperative," warning of the measures that are being enacted to not only suppress the vote at the state level, but overturn results.

"If you vote, they want to be able to tell you your vote doesn't count for any reason they make up," Biden charged, adding ominously (if correctly), "They want the ability to reject the final count and ignore the will of the people if their preferred candidate loses."

We share the President's speech in full today (transcript here, video here), as his important remarks are worth paying close attention to.

Finally, Desi Doyen joins us for our latest Green News Report, with a dozen states in the West are now facing unprecedented heat, fire, drought and a serious stress test of the electrical grid, as our climate emergency becomes ever more apparent in very real, and very stark terms...

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The idiom, "the road to hell is paved with good intentions", comes to mind when considering both the transformation of California's Republican Party and the Golden State's gubernatorial Recall process since first established by voters on Oct. 10, 1911. Both transformations point to the need for California to either significantly reform or eliminate gubernatorial Recalls altogether.

Our state's Recall process was the brainchild of Hiram Johnson, an immensely popular Republican governor who switched to the Progressive Party after taking office. His progressive bona fides were already on display during his Jan. 13, 1911 Inaugural Address when he declared: "The first duty that is mine to perform, is to eliminate every private interest from the government, and to make the public service of the State responsive solely to the people."

Later that year, in a letter to former President Theodore Roosevelt, Johnson expressed his dismay over then Republican President William Howard Taft's lack of humanity and Taft's belief that government exists only to benefit big business. Johnson expressed admiration for the Progressive Party candidate, Wisconsin Senator Robert M. La Follette, but sought to persuade TR to run against Taft because Johnson believed La Follette would lose. (In 1912, the Progressive Party nominated TR as its Presidential candidate and Johnson as its VP candidate).

As envisioned by Johnson, California's Recall procedures would serve as a form of bottom-up direct democracy that would act as a check against the corrupt influence of corporate wealth and power then being exerted in the Golden State by the Southern Pacific Railroad.

California's gubernatorial Recall, however, has failed to live up to Governor Johnson's lofty expectations. "Since 1911," according to Ballotpedia, "there have been 55 attempts to recall a sitting California governor. The only successful campaign was in 2003 when voters recalled then-Gov. Gray Davis". The Davis Recall was a purely partisan affair made possible only because the wealthy right-wing Republican Congressman, Darrell Issa, invested $1.7 million of his own money to fund a GOP engineered, professional signature gathering campaign. That was coupled, politically, with a disinformation campaign regarding power outages in the Golden State that had been engineered by the infamous, corrupt and now defunct Texas-based energy company, Enron.

This year's gubernatorial Recall against California's Democratic Governor Gavin Newsom is being wielded as an anti-democracy cudgel by an increasingly authoritarian Republican Party --- a Party which morphed into an instrument of the very corporate wealth and power Gov. Johnson hoped the Recall would serve to defeat. The Newsom Recall was initiated because the unpopular CA GOP realizes its only prospect for winning a statewide election at this time lies in what it hopes is a low-turnout election; albeit, a special election that will cost California taxpayers an estimated $400 million.

Last week, California's Lt. Gov. Eleni Kounalakis, a Democrat, set the date for the Newsom Recall Election for Sept. 14, 2021. Per a recently released UC Berkeley poll and a May 25 Public Policy Institute poll, it appears likely that a significant majority will cast a "No" vote. Nonetheless, given the abuse of the process by state Republicans, CA Democrats, who hold a super-majority in the State legislature, would do well to place a proposition on the November 2022 general election ballot to reform or even eliminate the gubernatorial Recall process altogether...

On today's BradCast, we're still trying to clean up the deadly mess from the past four years of Donald Trump and the nearly 20 since 9/11. [Audio link to today's full show is posted below summary.]

Among our stories today...

• More bad news for Rudy Giuliani, after he was foolish enough to throw away whatever shreds were left of his reputation in order to serve as the attorney for a well known con-man. Oh, well. In addition to facing a federal probe for his foreign work on behalf of Donald Trump, facing two different billion dollar defamation suits by voting machine companies he lied about, facing lawsuits from members of Congress for having helped to incite the deadly January 6 insurrection at the U.S. Capitol, and seeing his law license suspended in New York for having lied on Trump's behalf that the 2020 election was stolen, Rudy has just had his law license suspended in Washington D.C. for the same reasons. Womp womp.

• In significantly sadder news, even as COVID infections and deaths continue to plummet in much of the country, both are now spiking in pockets of Trump Country where his duped followers are refusing to get vaccinated. Missouri has now become the nation's hotspot, with infections rates up nearly 50 percent across the state, but much higher in the farthest rightwing pockets of the state, where there is a shortage of ventilators and respiratory specialists to handle the surge. Infection rates have spiked more than 70 percent in some areas of the Show-Me State, and include hospitalizations for a number of patients in their 20s and 30s as the Delta variant grows in dominance. Hospital officials fear the numbers may get far worse over the next week or so, in the wake of the 4th of July holiday weekend. What are state officials doing about it? Republican Governor Mike Parson just signed a law passed by the GOP-dominated state legislature to shield businesses and churches from COVID-related lawsuits.

• Correctly describing it as an "unwinnable war", President Biden announced that all U.S. combat troops would be out of Afghanistan no later than the end of August, somewhat earlier than his announced plans of leaving the war-torn nation by this year's 20th Anniversary of the 9/11 attacks. He spoke to criticism from those who believe he's pulling out from America's longest war too soon, with the Taliban already taking back control of the country as the U.S. leaves. "How many more thousands of American daughters and sons are you willing to risk?,” Biden asked, adding: "I will not send another generation of Americans to war in Afghanistan, with no reasonable expectation of achieving a different outcome." He also vowed to help safely evacuate thousands of Afghani translators, drivers and others who assisted the U.S. mission, as they now face certain danger from the Taliban. And he took questions from the press about whether 2,300 Americans deaths, more than 20,000 U.S. casualties and more than a trillion tax-payer dollars spent on the conflict over the past 20 years was all worth it. We share some of his remarks today.

• After breaking the nation, the world and arguably the planet itself (with years of climate change denialism), Rupert Murdoch's Fox "News" will soon be expanding to break the weather as well. "People are hungry for more information about what the hell is going on with the weather because of climate change," Desi Doyen notes today. "So now you can get not only rightwing media news, you can get your rightwing weather, that will tell you only things about the weather that you want to hear!"

• But now, at least one very long time former Fox executive close to Murdoch is speaking out against his old boss for "the real damage that Fox News is doing to America." That includes "the unnecessary deaths of many Americans" fueled by sowing doubt about COVID-19 and spreading lies about the 2020 Presidential election. "Fox News has caused many millions of Americans --- most of them Republicans (as my wife and I were for 50 years) --- to believe things that simply are not true," writes Preston Padden at the Daily Beast this week, after decades at Murdoch's network, where worked closely with its now 90-year old CEO since the company's inception in the 1980s.

• Finally, its our first Green News Report since returning from our July 4th break, after a week of record smashing temps in the Pacifica Northwest and Canada which killed hundreds, to the record breaking Elsa which stormed ashore in Florida on Wednesday and is wreaking havoc up the Eastern Seaboard today. Plus, a whole lot of both disturbing and encouraging climate news items for us to get caught up with after taking last week off...

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Last week, New York prosecutors filed multiple criminal indictments against the Trump Organization and its CFO Allen Weisselberg in response to an alleged "sweeping and audacious" 15-year tax fraud scheme. Today, Donald Trump himself filed a lawsuit against social media companies for banning him after he used his accounts to incite an attack on the U.S. Capitol on January 6th. Today on The BradCast, we discuss both issues and more, including our conversation with a former Asst. U.S. Attorney who is dubious about the legal expert consensus that NY prosecutors plan to file additional charges against other "senior executives" at the Trump Organization. [Audio link to full show is posted below summary.]

First up, Trump's new lawsuits against Facebook, Twitter and YouTube were announced on Wednesday, with the disgraced former President claiming that his First Amendment rights are being violated by the private companies who no longer allow him to use their platforms to lie about last year's election and to incite violence. The First Amendment, however, does not apply to private companies. It applies to the Government. In fact, as one legal expert notes today, "Trump has the First Amendment argument exactly wrong. In fact, Facebook and Twitter themselves have a First Amendment free speech right to determine what speech their platforms project and amplify --- and that right includes excluding speakers who incite violence."

It was next to impossible to find coverage of the lawsuit today which quoted any legal expert unrelated to the suit or the disgraced former President, who supported Trump's legal theory. Even Fox "News" quoted a libertarian lawyer describing the complaint as "asinine".

While it's unclear who is footing the legal bill for Trump's latest legal folly, seemingly meant to further hoax his gullible "conservative" supporters into believing they are all "victims" of political censorship by "radical left" giant social media companies, we're almost certain that Rudy Giuliani will no longer be lending his efforts. A new book by Michael Wolff documents Trump's rage over losing to Joe Biden last year, and claims that he is now unwilling to pay Giuliani for his legal work in criss-crossing the country to claim, without evidence, that the 2020 election was stolen from Trump. That, as Rudy has now had his law license suspended in New York for his false legal claims about the election; is facing a federal investigation for his foreign lobbying work on behalf of Trump; and is named in billion dollar lawsuits by the Dominion Voting System [PDF] company for myriad lies about their products.

But Trump, of course, is facing his own legal problems as well, including the 10 criminal indictments filed against his company last week, along with 15 counts against his longtime Chief Financial Officer, Allen Weisselberg. The indictments, which include charges such as Scheme to Defraud; Conspiracy; Grand Larceny; Criminal Tax Fraud; and Falsifying of Business Records, stem from what prosecutors describe as a tax fraud scheme that includes more than a million dollars in off-the-books compensation for apartments, cars, and school tuition for Weisselberg and others, "orchestrated by the most senior executives” at the Trump Organization from 2005 until this year.

In the wake of last week's charges, many legal experts have argued the indictments suggest more charges will be coming, as part of the ongoing two year investigation by Manhattan District Attorney Cyrus Vance and NY Attorney General Letitia James --- perhaps even for "senior executives" named Trump. Our guest today, however, former Asst. U.S. Attorney RANDALL D. ELIASON of George Washington University Law School, disagrees. At least, he is dubious.

In the days both before and after last week's indictments, Eliason suggested on Twitter that if NY ended up charging Trump's company along with Weisselberg, that would be a signal that there is not, in fact, more charges to come, as many have speculated.

Eliason, an expert in White Collar Criminal Law and a frequent contributor to Washington Post and his own Sidebars Blog, describes the charges against Weisselberg --- who allegedly received more than $1.7 million in untaxed, off-the-books compensation and stiffed city, state and federal governments for at least $900,000 --- as a very "serious case" indeed. He explains why nobody should be fooled by "Attorneys for Weisselberg and the Trump Organization [who] have tried to downplay these as just a 'fringe benefits' case, to make it sound as though it's about the company maybe just failing to report something."

He notes, in particular, prosecutors claims that the company was "keeping two sets of books" to hide their "tax fraud scheme". Eliason says this suggests a "very deliberate" effort to defraud that "makes it pretty hard to claim that it was just a mistake or a misunderstanding about the complicated tax code," as Trump implied during a rally in Sarasota, Florida over the weekend. (That, by way of stark contrast with his boast at a 2016 rally when he declared: "I know more about taxes than human being that God ever created!")

Eliason offers a great deal of insight into what these charges mean and how serious they are. Still, he goes on to argue that, in his opinion, unless prosecutors manage to flip Weisselberg --- which he believes would have already happened if Weisselberg was flippable --- that it is unlikely there will be further charges against others in the case.

"Failing cooperation by Weisselberg," he tells me, "the fact that they included the company [in the indictments] makes me think, if he doesn't flip, that's all we're going to have. Because otherwise you hold off on the company, you isolate Weisselberg, and if you bring cases against other individuals, with or without Weisselberg, that just makes the case against the company stronger. Because the company is only liable vicariously through the actions of its agents. So you don't charge the company now if you think there's more to come."

I challenge Eliason on a number of these points today, in which each of us concede we are reading tea leaves. Of course, he's the expert attorney and I am anything but. Please tune in for this interesting discussion!

Finally, we close with what is best described as some "good-ish news" regarding Elsa, the first Atlantic storm to come ashore this year, in what is already a record setting storm season...

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We're back on today's BradCast after a much-needed week off, which turned out to be a really big news week. But don't worry. We get all caught up somehow (mostly) on everything you need to know in just one segment today! Plus, an excellent guest to explain how the Republicans' packed U.S. Supreme Court has undermined both democracy and the Constitution yet again at the end of this year's term. [Audio link to full show is posted at end of this summary.]

Among the stories from last week (and this week) that we catch up on before moving to our guest...

• The thought-to-be-extinguished Lava Fire in Northern California erupts with two others;
• Last week's deadly, climate-change fueled heat wave in the Pacifica Northwest and British Columbia resulted in hundreds of deaths in the U.S. and Canada;
• The confirmed death toll at the condo collapse in Surfside, Florida ticks up over 30 with more than 100 still unaccounted for, as recovery is hampered by the incoming, already record-breaking Hurricane Elsa;
• An ExxonMobil lobbyist was caught on video admitting to the company's years of subterfuge about our climate emergency caused by the unmitigated burning of their products;
• Attorney General Merrick Garland declared a moratorium on federal executions;
• George W. Bush's "war criminal" Secretary of Defense, Donald Rumsfeld, died;
• The U.S. finally, permanently evacuated Bagram Air Base in Afghanistan as President Biden tries to finally end America's longest war before the 20th Anniversary of 9/11;
• COVID infections spiked 10% over the previous week as the Delta Variant continues to pose a quickly growing danger, effecting mostly unvaccinated people (so far);
• Despite its low infection rate, Los Angeles County urged residents to wear masks indoors again, thanks to the increasing spread of the much more infectious coronavirus variant;
• More than 180 people were shot and killed over the July 4th holiday weekend in more than 540 shootings in the U.S. over a 72-hour period;
• House Speaker Nancy Pelosi named her selections, including one Republican, to a House Select Committee to investigate the Trump-incited January 6th attack on the U.S. Capitol after Republicans in the House and Senate recently reneged on a deal with Democrats for a bipartisan independent commission;
• Sexual predator Bill Cosby was freed from jail thanks to a ridiculous deal made years ago by one of the lead defense attorneys in Donald Trump's second impeachment trial;
• The Boy Scouts of America agreed to an $850 million settlement with victims over thousands of sexual abuse allegations;
• The Trump Organization and its longtime Chief Financial Officer Allen Weisselberg were indicted on multiple state criminal charges including Scheme to Defraud, Conspiracy, Grand Larceny, Criminal Tax Fraud and Falsifying of Business Records;
• The NYC Mayor's election, already made ridiculously complicated by Ranked Choice Voting, went sideways last week after it was discovered that 135,000 sample ballots were accidentally included by NYC election officials in the weeks-long, impossible-to-oversee RCV tabulation procedure;
• Arizona's months-long "audit" theater was extended yet again, as the rightwing, QAnon conspiracy company called Cyber Ninjas continued its secret examination of 2.1 million ballots cast during last year's Presidential election in Maricopa County (Phoenix). That's the partially taxpayer-funded clown show that, as I reported weeks ago now, according to the Ninjas' own documents [PDF], allows them to miscount a MINIMUM of 42,000 votes without setting off any internal alarm bells, in a race that was decided by a statewide margin of just 10,000 votes;
• And, the Dept. of Justice called on Congress to adopt new laws to protect voters after the GOP's stolen and packed U.S. Supreme Court ended their term last week by undermining democracy and the U.S. Constitution yet again.

In Brnovich vs. DNC [PDF], the Court's 6 to 3 Republican majority overturned a lower appeals court decision that had blocked two new restrictions on voting in Arizona. One barred the counting of ballots cast by voters in the wrong precinct and the other banned the collection of ballots by third-parties (derisively known as "ballot harvesting" by Rightwingers implying it's used by minorities to defraud elections...despite the lack of any evidence in support of that assertion). Both laws were shown to have disproportionately impacted minority voters in the state. That is supposed to be barred by Section 2 of the Voting Rights Act. But, writing for the Court's majority, activist Justice Samuel Alito made up new "guidelines" that ignore both Congress' intent in its passage of the VRA and the Constitution's own plain language that "Congress shall have the power to enforce" the 15th Amendment decree that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

So, how will the Court's ruling in Brnovich, allowing for discrimination in voting laws, effect the spate of pending challenges to new voter suppression laws now being enacted by GOP-controlled states around the country? What, if anything, can Congress do about it? And, if they do, will this hard-right anti-democracy Court allow any such new laws to stand?

We're joined today to discuss all of that and more by longtime public interest attorney ROBERT BRANDON, President, CEO and co-founder of the Fair Elections Center. He describes the Republican Justices' opinion as "a real departure" from the claims of so-called originalism and Constitutional textualism --- a literal reading of the plain words of the Constitution --- which the rightwing Justices have long pretended to believe in. This decision, he explains, is "clearly is going to make it harder to challenge and defeat, in court, the laws that disenfranchise the most Americans, particularly black and brown voters, and other marginalized voters. In the case of Arizona, including disabled voters, who often need help delivering their ballots."

Alito's ruling, according to Brandon, essentially says "discrimination is okay as long as it's not a whole lot." But Brandon also explains why the Court's decision, as terrible as it is, doesn't necessarily mean that the multiple legal challenges to dozens of new GOP suppression laws adopted since last year, in the wake of Trump's evidence-free Big Lie that the election was stolen, will fail.

"It's a great irony, of course, that we just had the highest turnout election in history," he says, "yet now we're talking about adding all of these new barriers to voting around the country."

Finally, on this four-day work week following the Monday Independence Day holiday, a new analysis of a years-long study in Iceland finds that productivity either remained the same or improved in the majority of workplaces when the work week was cut to just four days. How can we get this progressive idea --- now also being studied in Spain and New Zealand, and found to benefit workers' health and lives without harming corporate bottom lines --- adopted here in the U.S.? Working on it...

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On today's BradCast: It was one of those days. Again. Everything all at once. Again. We do our best to help you make sense of it all. Again. [Audio link to today's full show is posted below this summary.]

Among the stories, many of them still breaking as we went to air, covered on today's program...

• High-rise condominium building collapses in South Florida near Miami Beach. As of air-time, 1 person was announced as dead and 99 others currently unaccounted for, as rescuers continue to comb through the deadly rubble searching for survivors.

• President Biden declared "we have a deal" on an infrastructure package. It's a $1.2 trillion bipartisan "compromise" deal in the U.S. Senate on his proposed $2.25 trillion American Jobs Plan. That proposal is one part of his infrastructure plan for things like roads, bridges, the electrical grid, and broadband Internet. The other part of his two-part proposal is the $1.8 trillion American Families Plan, which includes the "human infrastructure" part of the package, focused on childcare, education and healthcare. While Biden lauded the "compromise" struck among Republicans and conservative Democrats in the Senate, House Speaker Pelosi promised she would not bring up the compromise proposal for a vote in the House until the other part of the package --- the American Families Plan and, presumably, whatever is being left out of the "compromise" bill --- is passed with a simple majority vote in the Senate under Budget Reconciliation rules which allow lawmakers to avoid the anti-democratic Senate filibuster rule. "Make sure you understand this," the Speaker vowed during her presser today, "there ain't gonna be no bipartisan bill unless we are going to have the Reconciliation bill."

• Pelosi, who has seen her fair share of Republicans reneging on deals at the last minute, also announced that she intends to create a House Committee to investigate the deadly, Trump-incited attack on the U.S. Capitol on January 6th. That, after House Dems had struck a deal with Republicans earlier this year for a bi-partisan, evenly divided, independent Commission, only to see Republican leadership, after the deal was already struck, go on to vote against the bill in the House and kill it entirely with the filibuster in the Senate.

• Speaking of the filibuster, which would need to be reformed if Democrats hope to pass their sweeping elections, voting rights and campaign finance reform bill known as the For the People Act through the Senate, three moderate Senate Democrats (Mark Kelley of Arizona, Michael Bennett of Colorado, and Catherine Cortez-Masto of NV) spoke to the need to do exactly that during a private conference call this week. The audio, obtained by the Colorado Newsline, reveals each moderate Dem discussing the need to reform the filibuster and suggesting that intra-caucus negotiations are well underway to try and figure out how to do exactly that.

• In New York, an appeals court has accepted the recommendation of a state committee of attorneys to immediately suspend Rudy Giuliani's license to practice law, citing "uncontroverted evidence” that he “communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020." That conduct, the court agreed, "immediately threatens the public interest and warrants interim suspension from the practice of law." While the disgraced former U.S. Attorney and NYC Mayor will be allowed to argue against the suspension in an upcoming hearing, experts believe the action today, however, is likely to lead to permanent disbarment. "The seriousness of respondent's uncontroverted misconduct cannot be overstated," the court wrote [PDF]. "This country is being torn apart by continued attacks on the legitimacy of the 2020 election and of our current president, Joseph R. Biden." That, after Giuliani spent months on behalf of Trump, following the November election offering one false claim after another to one state legislative committee after another, pretending to cite evidence that the election was stolen from the disgraced former President.

• Those unsubstantiated and false claims, at least in Michigan, were devastatingly rebutted and debunked on Wednesday, by a Republican state Senate committee on Wednesday. In their unsparing 35-page point-by-point report [PDF], the lawmakers absolutely eviscerate Giuliani's, Trump's, Sidney Powell's, Jovan Pulitizer's and all of the other GOP grifters and con-artist's evidence-free claims about "voter fraud" and theft by computer voting and tabulation systems. Every Republican on the state's Senate Oversight Committee signed on to the brutal report, compiled over the past eight months, and responding to each and every phony claim suggesting systematic fraud in the state. The Committee found no basis for any of the wild accusations and even calls for a legal investigation and potential prosecution by the state's Attorney General for "those who have been utilizing misleading and false information...to raise money or publicity for their own ends." Ouch.

• Finally, Desi Doyen joins us for our latest Green News Report with, well, not much good news today. The worsening drought in the West is now threatening drinking water; The Siberian Arctic(!) is facing a record heatwave, with temperatures topping out above 110 (in the Arctic!); A new report finds climate change is making heat waves hotter; And a whole bunch of other news that I don't have the heart to share with you here...

Enjoy!

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On today's BradCast: The Republicans' stolen and packed U.S. Supreme Court handed down a bunch of new decisions today. New York's primaries elections were very interesting in both NYC and Buffalo on Tuesday. And Congressional Democrats vow to fight on for voting rights after Senate Republicans, as expected, used the filibuster to block debate on protecting voting rights. [Audio link to full show follows this summary.]

First, on yesterday's primaries in NY, the race for Mayor in New York City featured almost 15 candidates. But, under the city's new Ranked Choice Voting system, as we explained on yesterday's program, it could take weeks before we are told who the winner is. Whether voters will have confidence in those results --- after weeks of the virtually-impossible-to-oversee RCV counting (and recounting) system --- is anyone's guess. For the moment, a fairly conservative law-and-order candidate, Eric Adams, leads the pack in the ongoing first round of tallying, with about 32 points. He's followed by progressives Maya Wiley and Kathryn Garcia with 22 and 19.5% each, respectively. Andrew Yang is in fourth place with almost 12% of the vote. As none of the candidates received more than 50 percent, however, the Ranked Choice tallying will soon begin. When it ends, and who wins, is anybody's guess. Yes, even though Yang conceded after his 4th place finish, he could still end up winning under the confusing RCV process. And the winner of the Democratic primary is almost certain to be the next Mayor of NYC.

Meanwhile, up in Buffalo, New York's second largest city, India Walton, a 39 year-old African American socialist with no experience in political office, unseated the city's four-term Democratic Mayor Byron Brown in a huge upset. If she wins the general in November, Walton will be the first socialist mayor of a major city since 1960, after unseating an incumbent Buffalo Mayor for the first time since 1961. Brown, however, reportedly is considering a write-in campaign this fall against Walton, given that there will be no Republican for her to face on this year's ballot in the heavily Democratic city.

Down in D.C. on Tuesday, the Democratic majority in the U.S. Senate "won" the vote to proceed with debate on their sweeping elections, voting rights and campaign reform bill known as For the People, when all 50 Democrats stuck together to vote in favor. But they lost anyway, because Republicans, for their part, all voted against debating voting rights, even as state level GOP legislatures are adopting bills all across the country to restrict such rights. 60 votes would have been needed to overcome the Republican filibuster in the Senate, where Senators representing a tiny majority of Americans (about 20 percent, according to Ari Berman), have the ability to block any and all legislation offered by Democrats, whose 50 Senators represent some 43 million more Americans than those represented by the 50 Republicans in the upper chamber. Nonetheless, Majority Leader Schumer, President Biden and House Speaker Pelosi all vowed to fight on, with Pelosi announcing that Dems would "not be deterred"; Biden declaring "this fight is far from over"; and Schumer promising that Tuesday's vote "was the starting gun, not the finish line."

For any of that to be true, however, West Virginia's Joe Manchin and Arizona's Kyrsten Sinema, at the very least, would have to agree to change the rules for the Senate filibuster. Dems hope that voters may help convince them to do so over the Independence Day recess, given that For the People is supported by some 68% of American voters.

Next, we're joined by the always-great MARK JOSEPH STERN, legal reporter at Slate, to discuss, among other things, the decisions handed down today at SCOTUS, as the Court wraps up this year's term at the end of the week. Despite the 6 to 3 advantage for rightwingers on the Republicans' stolen and packed Supreme Court (because Republicans were more than willing to kill the filibuster in order to accomplish it!), Chief Justice John Roberts, once again, managed to produce largely consensus decisions on all but one of the opinions released today.

Among those opinions, as explained and analyzed by Stern, was a very troubling ruling that kneecaps union organizing rights across the country. That one, which Stern notes "is very over the top" and makes up "a completely new rule that did not exist before," was the one decided by the rightwingers' 6 to 3 vote. It continues the Roberts Court's relentless erosion of labor rights. But there were also reasonable decisions handed down on police powers to enter your home without a warrant and on a high school's punishment of a cheerleader who used the F-word on Snapchat over a weekend while she was in 9th grade. One other decision was also released today, allowing President Biden to replace Donald Trump's terrible director of the Federal Housing Finance Agency (FHFA), which oversees mortgage giants Fannie Mae and Freddie Mac.

"There's enough credit to go around here," says Stern, in response to my question about whether Roberts deserves credit for some of the narrow decisions that were able to overcome a bitterly divided Court without causing too much damage to longstanding rights and precedent. "I think Chief Justice John Roberts is in the driver's seat on some of these compromise decisions. But I think that, to some degree, Justices Kavanaugh and Barrett are willing to go along, and so are the liberal justices. I think a lot of these decisions involve compromise on both sides. Some of them include some bitter pills for the left or the right to swallow, but at the end of the day, six justices are trying their best to duck the big issues, and issue really small decisions that don't ruffle too many feathers."

The fallout so far this term, the first with the GOP's 6 to 3 advantage, was "not as terrible as it could be." Though, Stern cautions, "It's not over yet. There are still some major decisions coming down the pike. And no matter what happens, we've still got next term with guns and abortion, of course."

The biggest decision this term, however, may be whether or not 82-year old Justice Stephen Breyer is going to step down to allow President Biden to nominate someone younger to fill his seat while Democrats hold the majority in the Senate, or whether he's going to pull a Ruth Bader Ginsburg and wait to leave the Court, one way or another, after Republicans have regained a majority in the upper chamber. Given that the Senate's Republican leader Mitch McConnell has already indicated he is unlikely to ever allow a Democratic President to fill a Supreme Court vacancy while Republicans hold a majority, we both hope that Breyer will take McConnell at his word, and get out now while the getting is still good.

As usual, it's another jam-packed BradCast. Enjoy!

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