Joe Biden is now one year in. Donald Trump is now one year out. Have the media figured out how to properly cover either or both of them? We discuss on today's BradCast. [Audio link to full show is posted below this summary.]

But first, Trump's troubles are getting worse by the day hour. It's been a bad 24 hours for the disgraced, twice-impeached, one-term former President. But that's usually good news for America!

As we literally begin today's program, news breaks that the U.S. Supreme Court is allowing the National Archive to turn over hundreds of pages of Trump White House documents to the bipartisan U.S. House Committee investigating the January 6, 2021 attack on the Capitol and Trump's attempt to steal the 2020 Presidential election.

That bad news for Trump (and good news for everyone else) follows last night's bad news for him (and good news for us) out of a New York state courtroom. NY Attorney General Letitia James has been investigating years of apparent bank, insurance and tax fraud by Trump, the Trump Organization, and Trump's children for years. She recently subpoenaed Trump and his kids Ivanka and Don Jr. to sit for depositions in her civil probe. (She is also working with the Manhattan D.A.'s long-running criminal probe into related matters.) Trump and the kids sued to quash the subpoena and, late on Tuesday night, James' office filed documents in response, detailing what she describes in the court papers as "significant additional evidence indicating that the Trump Organization used fraudulent or misleading asset valuations to obtain a host of economic benefits, including loans, insurance coverage, and tax deductions.”

We discuss some of that "significant additional evidence" today, along with the additional news that when Eric Trump, back in 2020, failed to quash his own subpoena, he subsequently "then invoked his Fifth Amendment right against self-incrimination in response to more than 500 questions over six hours.” That's his right, of course. But back in 2016, while running for President, Trump described pleading the Fifth as "disgraceful". "The mob takes the Fifth," he said at the time. "If you're innocent, why are you taking the Fifth Amendment?" We'll see if he, Ivanka and Don Jr., soon join his "disgraceful" son Eric in doing the same, along with the Trump Organization's "disgraceful" Chief Financial Officer Allen Weisselberg, who's already been criminally charged with fraud in Manhattan after also pleading the Fifth more than 500 times as well during his own deposition with James.

And then there's the new guy in the White House, who doesn't seem to be criminal or a liar or a fraudster at all. Today marked the end of Joe Biden's first year in office. It's been a rocky one at times, but also extraordinary successful on a number of legislative and economic issues.

We're joined today by ERIC BOEHLERT, longtime media analyst and publisher of the Press Run newsletter, to discuss media coverage of Biden at the one year mark, and how it compares to coverage of Trump's first --- and subsequent --- years in office.

While Biden's approval numbers have been flagging in recent months --- Gallup pegs his one year average at just under 49% --- they are still above Trump's during his entire Presidency. Nonetheless, we saw little from the media declaring Trump's Presidency was over or a failure at the end of his first year, by way of contrast with what we see from the media now, despite several remarkable successes for Biden over the last 365 days.

"It's very similar to Obama," Boehlert asserts. "If you go back and looked at his first year, first term, 'Oh his coalitions are falling apart!' Lots of doomsday coverage for Obama that turned out to be nonsense." He later adds, "Good luck going back and finding stories about whether the Trump Presidency was failed, 'How does he reset?,'" after his first year. "There was an acceptance that Trump was going to poll in the thirties, and the press just went on from there. In terms of how the coverage differs from Biden and Trump, I think that's the key one there."

Suffice to say, the difference in coverage of each President, as Boehlert details, is stark. And not in a good way. Among the other related issues discussed, above and beyond media coverage of the two Presidents: Has the media come to fully understand, much less appreciate, the unprecedented nature of this tenuous moment for American democracy itself?

"We have two sides," Boehlert explains. "A center-left Democrat doing his best, and we have a Republican Party that wants to destroy free and fair elections in America. So if you're the press, don't play that down the middle. Don't pretend those are similar choices."

"When Trump was inaugurated, the press didn't change how it covered Trump," he observes. "You would read the coverage and think Jeb Bush was President, you would think John McCain was President. You would think this is center-right, normal, traditional....not this madman narcissist. I think with the Biden era, they just want to play this game --- 'His polling is down! We've found some Democrats who are critical of him!' These aren't the times for the norm. The Trump years weren't the time for the norm. And we're not seeing drastic change." And that failure by our corporate media is not a good sign for the nation. Or the planet.

Finally today, it appears that Fox "News" is not satisfied by simply rewriting reality in the present. They are now attempting to rewrite history itself, it seems, as far as who actually killed Abraham Lincoln. Seriously. In the bargain, a Lincoln assassination expert's response to an invitation to appear on Fox Nation (the propaganda streaming service companion to the propaganda cable news channel) to discuss it, is one for the ages!...

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Well, we're back! That may or may not be good news depending on who you are and how you choose to look at it. Either way, we're getting our sea legs back on today's BradCast after a week off between the holidays (thanks, Nicole Sandler for covering for us for much of that time!), but it looks like the new year may not be much different than the old one. At least not necessarily better. At least not immediately. Nonetheless, we remain hopeful since it beats the alternative. [Audio link to full show is posted below this summary.]

Among the stories and news both good and bad on today's program...

• A document unsealed by the New York Supreme Court on Monday confirms that not only was Donald Trump subpoenaed for testimony and documents last month by state Attorney General Letitia James, so were his son and daughter Don Jr. and Ivanka. (Eric had already been subpoenaed and forced to give testimony in late 2020.) James is running a civil investigation into years of alleged bank and tax fraud by Trump and his Trump Organization. The District Attorney's office in Manhattan is also probing similar matters in a criminal investigation that James is partnering with, so there's a lot on the line and all of the Trumps, naturally, will try to quash and/or evade their lawful subpoenas. Like Eric, they will likely fail. The Manhattan DA is now Alvin Bragg as of this past weekend. He replaced the previous DA over the weekend, after Cyrus Vance, Jr. decided not to run for reelection last year. Vance's --- now Bragg's --- office has already brought criminal fraud charges against the Trump Organization and its Chief Financial Officer, Allen Weisselberg, for running a tax-avoidance scheme that paid executives benefits that remained off the books and untaxed.

• In less bright news to start the year (and end the last one), Colorado officials now say that nearly 1,000 homes and other structures were destroyed and hundreds more damaged during a massive December wildfire among hurricane-force wind gusts last Thursday in the now well-populated suburbs between Denver and Boulder. Desi Doyen joins us to explain the climate change-related conditions --- unusual warmth, extreme drought, historic lack of snow and rain --- that made the fire so damaging.

• The news got a bit brighter --- again, depending on how you look at it --- after Twitter permanently suspended Rep. Marjorie Taylor Greene (R-GA)'s personal account over the weekend. The far rightwinger has long used the social media service to spread lies, fraud and nonsense and, in this case, violated the company's COVID-19 misinformation policy for a fifth time. Her fifth and final strike was a tweet falsely citing "extremely high amounts of Covid vaccine deaths", citing the CDC's self-reported VAERS (Vaccine Adverse Event Reporting Systems) database frequently and misleading cited by anti-vaxxers. Anyone is able to (and frequently does) add records to the public-facing database falsely claiming injuries or deaths related to COVID vaccines. Greene's Congressional Twitter account has not (yet) been banned, and we discuss the pros and cons of giant social media companies being able to permanently suspend users like the Congresswoman or even the former President, as they did last year. (And, yes, I have some experience in facing down Twitter, even when they inaccurately block the posting of accurate and independently verifiable reporting.)

• But with all that is going on, none is more important than saving our faltering democracy from those on the Right in the MAGA Mob who are scheming to completely undermine it. On New Year's Day, the New York Times' Editorial Board published a must-read editorial headlined "Every Day is Jan. 6 Now". They are absolutely right. "In short," they argue, "the Republic faces an existential threat from a movement that is openly contemptuous of democracy and has shown that it is willing to use violence to achieve its ends." They conclude...
  Whatever happens in Washington, in the months and years to come, Americans of all stripes who value their self-government must mobilize at every level — not simply once every four years but today and tomorrow and the next day — to win elections and help protect the basic functions of democracy. If people who believe in conspiracy theories can win, so can those who live in the reality-based world.

  Above all, we should stop underestimating the threat facing the country. Countless times over the past six years, up to and including the events of Jan. 6, Mr. Trump and his allies openly projected their intent to do something outrageous or illegal or destructive. Every time, the common response was that they weren’t serious or that they would never succeed. How many times will we have to be proved wrong before we take it seriously? The sooner we do, the sooner we might hope to salvage a democracy that is in grave danger.

• The Times' warning is on the money. New polling from ABC-Ipsos finds that not nearly enough Americans understand the very real threat posed to American democracy by Donald Trump's attempt to steal the 2020 election through violence at the U.S. Capitol last year on January 6, nor the GOP efforts to make such an attempted theft all but impossible to prevent in 2024. On a related note, a new Morning Consult survey finds the Republican Party has paid no price among GOP voters --- and even all voters --- for either the Jan. 6 attack or the party's subsequent efforts to pass new voter suppression laws that also allow partisan officials to overturn legitimate election results for purely partisan reasons.

• But on that matter too, there is hope as the new year begins. Members of the bipartisan U.S. House Select Committee investigating the Jan. 6 attack are united in their efforts to expose what happened, who is responsible for it, and any laws they feel may have been broken in the bargain. Over the weekend, Committee Vice-Chair Liz Cheney (R-WY) detailed the panel's ongoing plans to hold public hearings in the new year to help detail all of the above, as based on more than 300 witness interviews and some 35,000 pages of documents, texts, emails, etc. Cheney explained on ABC's This Week program on Sunday that then President Trump watched the entire attack unfold on television from the dining room just off the Oval Office while ignoring threats from GOP House minority leader Kevin McCarthy and from his own daughter Ivanka to take action to take action to quell the insurrection that he incited. She even went as far as to say that Trump is "clearly unfit for future office" and "clearly can never be anywhere near the Oval Office ever again." She even went as far as to say she agrees with Hilary Clinton that if Trump runs and wins next time, "that could be the end of our democracy."

• There was much more today, of course, but that gives you an idea of where we are as the new year begins. And callers also rang in throughout today's program with their own thoughts on all of the above and here is that must-listen interview I mentioned from Nicole Sandler last week with investigative journalist Marcy Wheeler of Emptywheel, offering her very well-documented argument that no one should yet give up hope for accountability for Trump from the DoJ and Attorney General Merrick Garland (which we hope to discuss in more detail in the days ahead)...

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On today's BradCast: Merry Christmas. Christmas is cancelled. Thanks Joe Manchin and Omicron.

Manchin dropped a bombshell over the weekend, announcing on Fox "News" that he could not support the Build Back Better (BBB) act, the better part of the historically progressive agenda of President Biden and of largely every other Democrat in the House and Senate. That, after the measure was scaled from a $6.5 trillion package to just $1.75 trillion in order to appease the West Virginia Democrat. If Manchin remains a "NO", the bill --- and, perhaps the Biden Presidency along with it --- is largely dead. The White House offered an unusually lenthy and, frankly, blistering statement in response to Manchin, calling him out for his lack of "good faith" and broken promises made to the President personally. We share that blistering response in full today.

It should be noted that all of the limp reasons Manchin offered for breaking his promise to support BBB are all BS. The bill is fully paid for (unlike the bipartisan infrastructure bill that Manchin whole-heartedly supported and voted for) and it will actual lower the national deficit eventually, not increase it; The bill will not worsen inflation either. It will in fact, ease it. Moreover, since Manchin's announcement, the biggest Wall Street economists have actually downgraded their outlook for 2022 based on Manchin's sleazy move; And no, the monthly child tax credit expansion that lifted half of the nation's children out of poverty during its first year, after originally being included in Biden's American Rescue Plan earlier this year, will not lead parents to spend it on drugs.

The bad news (for now) of Manchin's self-serving decision is on par with COVID's decision to not be done with us yet, as the Omicron variant, just before airtime, was declared by the CDC to now be the most dominant variant in the nation. They say it now accounts for about 73% of new cases. That was fast. As we'd warned. That's how wildly transmissible it is. Desi Doyen joins us with some clear, sobering thoughts from WaPo's national science reporter Dan Diamond that you may wish to consider on how to help keep yourself and your family safe over the holidays.

On this matter, it should be noted, since some are dismissing the dangers of Omicron --- citing its predicted infections as mostly "mild" --- that means only that many cases may not result in hospitalization. Don't fool yourself by convincing yourself that, even if you do contract Omicron, it will most likely be a "mild" case of COVID. Short of asymptomatic cases, a "mild" version of COVID could lay you up for weeks or longer. It means you won't be hospitalized, but that's about it. And, yes, it's going to land a lot of people in the hospital, as experts believe we're likely to begin seeing as many as 500,000 infections per day. During the January 2021 peak we had "only" about 250,000 infections a day.

Finally, before opening up the phones today to listeners on Manchin, Omicron and more, some slightly better news. Donald Trump is terrified that he is soon to be indicted in New York. So, as he does when he knows he's in big trouble, he has filed a ridiculous lawsuit against New York Attorney General Letitia James in hopes of buying time. It probably won't work.

Then, callers ring in on all of the above. It was a very lively show --- particularly considering the content we had to work with today...

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On today's BradCast, we cover both COVID and SCOTUS and how to try and stay safe from and/or fight back against the very serious threats now posed by both of these hideous, rogue, all-caps acronyms. [Audio link to full show follows this summary.]

First up, it's COVID. Specifically, the Omicron variant, as the CDC finds that, according to their latest data, unvaccinated people are 14 times more likely to die and 11 times more likely to be hospitalized with COVID-19 than those who are vaccinated. Those numbers seem to refer to those vaccinated by two mRNA shots without a booster shot, which is now key to fighting the quickly rising threat of Omicron.

As Josh Marshall bluntly warns in one of his chilling recent updates on newly emerging data on the new, highly transmissible variant --- which still include a number of unknowns --- "A lot of people are about to get sick."

New studies just coming in from around the world suggest that Omicron is incredibly aggressive, even for those with some immunity from two vaccine shots or previous infection. A booster shot, the studies are finding, help tremendously to ward off both the likelihood of infection, as well as the worst symptoms. Two doses and a booster will roughly offer the same protection against Omicron as two shots alone did against Delta. Marshall reports the data show "late December through January will be explosive in terms of numbers of infections" in the U.S. He repeated a similar warning based on newer incoming data on Omicron last night: "The rate of growth is simply explosive. There’s no other way to put it...we should expect a very, very large wave of infections in the coming weeks...The pace and scope of the surge looks likely to be something like the original one in the Spring of 2020."

Too many people, I believe, have been placating themselves on the somewhat misleading data point suggesting Omicron infection appears to be less severe than previous variants. There are a number of reasons that it could be (including the fact that many now have at least some immunity due to vaccination or antibodies from a previous infection), but the severity level misses the point of the somewhat terrifying transmissibility numbers emerging right now and how that is likely to overwhelm health systems in this country and result in a lot of people dying. A more mild disease that infects 5 times more people is equally or potentially even more deadly.

The current surge under way in the U.S. is still almost entirely comprised of Delta cases. Once Omicron --- which is really good at breaking through immunity created by both infection antibodies and vaccines --- begins to rise over the next 2 to 4 weeks, things could get really bad on several levels. We are already seeing deaths spike again to more than 1,700 a day in the U.S., and that's almost entirely from Delta.

Bottom line: Get boosted. "It's not a marginal difference" from two shots, Marshall advises, based on a very close reading of emerging data and discussion with experts, "It's a big one." He goes on to write: "I would also seriously consider limiting obvious vectors of exposure: indoor activities in large groups, eating indoors, large crowds indoors or out. We all have our own levels of risk aversion and we can’t hide forever. But you should assume that your risk of being exposed to COVID is about to go up a lot. So plan accordingly.

Of course, he's hardly the only one sending this similar message. "All the models right now are flashing bright red," warns New York "Intelligencer" science writer David Wallace-Wells in one of his latest pieces headlined "Omicron is About to Overwhelm Us: The new COVID variant has all the makings of a mass wave." Pay attention please. Get boosted.

Next up, it's SCOTUS. Senator Elizabeth Warren (D-MA) penned a blistering --- if absolutely correct on every key point --- op-ed at Boston Globe yesterday, calling for the expansion of the Republicans "packed" and "stolen" and "corrupt" Supreme Court. The call comes not a moment too soon (and, perhaps a year or so too late). Still, it's good to hear elected officials speak as directly about the threat now posed by this corrupted, partisan Court to "basis principles of law" which now "threaten the democratic foundations of our nation."

We share most of her piece on air today. But if you don't listen to the show, read her must-read piece. She breaks down precisely how Mitch McConnell's hypocritical "Republican court-packing has undermined the legitimacy of every action the current court takes" as its illegitimate 6 to 3 rightwing "supermajority will continue to threaten basic liberties for decades to come." Democrats, she advises, must exercise their Constitutional Article III, Section 1 authority to change the size of the Court, as Congress has done at least seven times before. That number doesn't even include what happened after McConnell, corruptly "reduced the size of the court for over a year solely for ... partisan gain and then turned around and jammed through another nominee days before losing the presidency."

But, as welcome as op-eds are, action is better. So we were delighted when, immediately after the Supremes last week once again allowed Texas' clearly unconstitutional six-week abortion ban law to stay in place, the Governor of California announced plans for actual action to push back. If its now judicially acceptable to write laws that both undermine Constitutional rights and evade judicial review by allowing private citizens to enforce it, as the Texas law does, the same can be done with other rights.

On Saturday, Gov. Gavin Newsom declared his intention to "work with the Legislature and the Attorney General on a bill that would create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in the State of California."

"If states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way," the Governor noted in his brief statement. "If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that."

He seems quite serious. And so does New York Attorney General Leticia James who, when asked about whether her state might take similar actions to Newsom's this week on ABC's The View, cited the outrageous immunity against prosecution that gun manufacturer's have been afforded by federal statute to say: "Yes! When I heard about that, I said to my team, we need to follow his lead."

Good. It's remarkable that the extremist radical rightwingers on the High Court either didn't see this coming, or didn't care. Of course, if the Supremes are cool with the Texas law as written, what is to stop any state from allowing "lawful" private, vigilante law suits against people who are simply exercising their First Amendment rights by, say, wearing a MAGA hat or being members of the Republican Party? In truth, nothing stops that at all, which is why Sen. Warren's op-ed is so on point.

Finally, as if those threats are aren't enough, Desi Doyen joins us for our latest Green News Report, with more threats to our climate than the Supreme Court should allow us to fit into six minutes...

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Yes, the walls are continuing to close in on our disgraced, twice-impeached, indescribably criminal previous President, as discussed in two encouraging news stories today. But much of his damage is already done, to a rightwing party that has become so whacked out and authoritarian that the rails they are now off of can no longer be seen. On the other hand, we've got more good news for labor, the economy and maybe even democracy under Joe Biden's Presidency on today's BradCast...whether the corporate media decides to notice such things or not. [Audio link to full program is posted at the end of this summary.]

Among the enormous grab bag of stories covered on today's program...

• Lowest in 52 years: New weekly jobless claims come in at another record low today. And, while you might think such good news numbers, not seen since 1969, would be both cause of celebration and front page news alerts, that sort of thing only happens when such things occur while's there's a Republican in the White House, apparently.

• Good news brewing for workers: A Starbucks shop in Buffalo, New York becomes the first of the coffee giant's corporate-owned stores to become unionized in the United States. As discussed with labor historian Nelson Lichtenstein on a recent BradCast, the company will spend untold millions to keep that from spreading to its tens of thousands of other stores where workers may finally be realizing the collective bargaining is good for everybody.

• At least someone's doing something about it: Italy issues a record fine to e-commerce giant Amazon of more than a billion dollars for their monopolistic practices. Why doesn't the U.S. do the same thing? Perhaps it will with Joe Biden's new, anti-monopoly warriors setting up shop at the Federal Trade Commission and the anti-trust division at the Dept. of Justice.

• Unsolved MAGA mysteries: Some of the wingnuts on pillow impresario and failed election fraud fraudster Mike Lindell's streaming disinformation channel think it must be a Big Government conspiracy causing rightwing anti-vax and anti-mask warriors to keeping contracting COVID and dying from it. We think there may be another explanation.

• You decide: Authoritarian Fox "News" prime time star Laura Ingram can't figure out what Washington Post's Dana Milbank could possibly be referring to in calling for media to stand up for democracy right now. "Authoritarians? What are they even talking about?," Ingram puzzles. "Authoritarians? Who's that?!"

• Show-Me shame: Missouri's embarrassing wingnut Attorney General and U.S. Senate hopeful Eric Schmitt embarrasses my old home state with a letter welcoming President Biden to the Show Me state for his "first visit as President to one of the 25 states that cast its electoral votes for President Trump in 2020" before, on official state AG letterhead, describing him as a "socialist" endangering "the livelihoods of tens of millions" by mandating vaccines or testing for many workers. For an AG, you'd think he'd be better at fact-checking. (Biden has actually visited seven other Trump states before arriving in MO.) But, it's Schmitt's recent Big Government mandate to local public health officials and school boards across the state to immediately end "all" public health orders --- for mask mandates, quarantines and more --- that has one of our listeners from the state (an elementary school teacher) so troubled. She also smartly wonders: "What happened to Republicans being the party of local control?"

• I ❤ New York: As to those walls continuing to close in on the criminal former President, we've got two related pieces of good news today. In one, New York Attorney General Leticia James is reportedly calling Trump in for a deposition in her civil suit examining years of apparent tax and bank fraud by the Trump Organization.

• I ❤ the D.C. Court of Appeal: In today's second Trump accountability story, the federal appeals court in D.C. has denied his appeal claiming "Executive Privilege" should block the release of a treasure trove of White House documents regarding his January 6th attack on the U.S. Capitol, as subpoenaed from the National Archives by the House Select Committee investigating the insurrection and approved by the current Commander-in-Chief (the only one who ACTUALLY is able to invoke Executive Privilege.)

• 'Yes, Democracy is hard': Democracy is down but not out...yet. President Biden convened the first Summit for Democracy today, with more than 100 of the world's democratic nations invited to attend. We share part of his opening statement, wherein he acknowledges that democracy is on a "backward slide", even here in the U.S., but that its still well worth fighting for and definitely beats the alternative of autocracy, rising around the world, and even here at home.

• State of emergency: Finally, Desi Doyen joins us for our latest Green News Report, covering Biden's new Executive Orders to achieve net zero emissions by 2050; Florida taking unprecedented steps to save beloved manatees; troubling news for New Englanders this winter; and a heads-up on a new, blockbuster Hollywood "comedy" aiming to underscore our climate change emergency in a very clever way...

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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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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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On today's BradCast: Everyone in Trump World is now either flipping on everyone else in Trump World, or appears on their way to doing so. Including Trump himself Fun! Less fun: Democrats in Congress wasting their time in negotiations on Biden's bold Build Back Better agenda with Republicans who are decidedly not negotiating in good faith, as they made clear to everyone once again this week. [Audio link to full show is posted below summary.]

But first, the flippin' fun part of the show! Just before airtime, CNN reported that Rep. Matt Gaetz' ex-girlfriend is now said to be cooperating with federal investigators believed to be looking into the Republican Congressman from Florida's many alleged payments for sex and illicit sex trafficking of a minor.

And while Gaetz, Donald Trump's number one fan in Congress, is facing a world of trouble (and years in prison), so, of course, is Trump, as it appears to be getting hotter by the hour inside the Trump Organization. This week, we learned that the New York state Attorney General, Letitia James, who had been looking at civil violations of bank and tax fraud laws by Trump and his company, joined the Manhattan District Attorney Cyrus Vance's criminal investigation of many of the same matters.

The next day, we learned that Allen Weisselberg, the long time Chief Financial Officer of the Trump Organization --- beginning all the way back to when Trump's dad Fred was in charge --- is now facing his own criminal tax-related probe by the NY AG's office as well. That, as our guest earlier in the week, former Asst. U.S. Attorney Randall Eliason explained at the time, is a likely precursor to getting him to flip on his boss, the disgraced former President.

And the next day after that, Weisselberg's former daughter-in-law Jennifer --- who has announced that she's been cooperating with prosecutors for some time, after explaining that her former husband Barry (also a Trump employee) was often paid with free rent in expensive luxury apartments and some $500,000 worth of private school tuition for their kids --- believes that her former father-in-law, Allen, will absolutely flip on Trump to save himself.

That revelation came as Trump's own former personal lawyer and fixer, Michael Cohen --- who flipped on Trump long ago, as he earned federal prison time by pleading guilty to participating in a campaign finance hush-money conspiracy "directed" by Trump --- believes that Trump will eventually flip on everyone, including Allen Weisselberg, and even his own kids(!) if necessary, to save himself! "I think Donald Trump is going to flip on all of them, including his children," Cohen told MSNBC, adding: "I really believe that Donald Trump cares for only himself and he realizes that his goose is cooked."

It's all flippin' hilarious, in truth. We'll see if things continue to come crashing down on the former Criminal-in-Chief --- as they sure seem set to do, at this point --- in the coming days and weeks. Fun!

Less fun, unfortunately, is the continuing obstruction campaign being waged by Congressional Republicans, who laid bare their bad faith yet again this week, after spending months negotiating with Democrats on an evenly balanced January 6th Commission, only for GOP leadership in both chambers to then whip their members against it after the bipartisan deal was finally struck in the House Homeland Security Committee.

A similar pageant of bad faith negotiations have been underway for several weeks now with Republicans pretending they are interested in working with Democrats on Biden's $2.25 trillion infrastructure proposal, the American Jobs Plan, and his $1.8 trillion American Families Plan, to support "human infrastructure", such as child care, paid family leave and free daycare and community college.

We've seen this bad movie before. Just look back at the months that Dems spent "negotiating" with Republicans in 2009 and 2010 over the Affordable Care Act, when the GOP failed to offer a single vote in favor of the landmark healthcare law, even after winning all kinds of concessions from Dems to water down the plan.

Now, Democrats are finally saying enough is enough. At least some of them, who, Politico reports, are speaking up and calling for the Jobs Plan and Families Plan to be combined into a megabill and passed in one fell swoop under the Senate's Budget Reconciliation rules allowing passage of almost all of it with a simple majority vote. The only problem: Not all Dems are ready to do so, especially West Virginia's Joe Manchin, who is also not yet onboard with the Dems' sweeping proposal for election and campaign finance reform --- the For the People Act (or H.R.1 in the House and S.1 in the Senate) --- and the filibuster reform that would be required to pass it with just 50 Democratic votes.

Joining us to today to explain how Dems and progressives can possibly move forward through all of these obstacles is ADAM GREEN, co-founder of the Progressive Change Campaign Committee, who told Politico this week that: "The only two scenarios for Democrats are to go big or get nothing."

Green expands on those comments today, arguing that the process of negotiation going on right now is, by and large, meant to convince Manchin, and maybe a few other conservative Democrats, that there is only one real path forward to carry out Biden's truly ambitious progressive agenda.

"I think that there are two genres in working with Republicans," he tells me. "One, that hearkens back to the Obama era, where they really thought that Republicans were potentially willing to deal with them, and wasted a year and quarter negotiating with them before passing Obamacare. It wasted a lot of time that led to a lack of results by the 2010 election. And the lack of results meant low motivation for voters to turnout and vote, or vote Democrat."

"In this case, " Green continues, "I think we have a little bit of a different scenario, where most people understand the game. The game here is there are one or two Senate Democrats with that old mindset --- they genuinely believe Republicans will deal in good faith.  Everybody else is ready to get this done but has to play ball for a couple of months to make abundantly clear that these Republicans don't come in good faith."

Green also cites this week's last minute u-turn on the January 6th Commission as a perfect example, where the GOP had "pretty much of all of their demands met," only to see "Republican leaders coming out against it." That, he says, leads him to feel "hopeful that we're nearing the time when  even the Joe Manchins of the world realize that they did their best, but too bad, it's time to go it alone with Democratic votes and score big for the American people."

But even if Manchin is ultimately willing to agree to pass the infrastructure plans with a simple majority under Senate Reconciliation rules, is there ANY path that would allow for passage of other top Dem priorities like the For the People Act? That bill would almost certainly fail to meet Senate Parliamentarian muster to be passed under the same rules, so would somehow have to overcome a GOP filibuster to be adopted. An optimistic Green believes there is a VERY narrow path to make that happen as well, and he details how progressives in not just West Virginia, but every state, can help push Dems --- and Manchin --- through that narrow path. It includes, among other things, a new "Democracy exception" to Senate filibuster rules. Such an exception, he notes, could also allow D.C. to finally become a state in the bargain. As I said, optimistic!

Finally, we're always happy to end another mad week in these "United" States with another gem from the great Randy Rainbow, this one dedicated to all of the swell, not-at-all horrible Republican lawmakers in Congress. Enjoy!...

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On today's BradCast: In a bit of an earth-shaking statement issued to CNN late on Tuesday, which has echoed across the nation ever since, a spokesperson for New York's Attorney General said: "We have informed the Trump Organization that our investigation into the company is no longer purely civil in nature. We are now actively investigating the Trump Organization in a criminal capacity, along with the Manhattan DA." [Audio link to full show is posted below summary.]

The Manhattan District Attorney, Cyrus Vance, has been running a criminal grand jury probe of our disgraced former President and his business empire for almost two years, looking into, among other things, allegations of major bank and tax fraud crimes. The New York Attorney General, Letitia James, has also been investigating some of the same allegations of falsely-inflated values of certain real estate holdings in order to receive loans, while Trump reportedly under-valued many of the same properties in order to pay lower taxes. That would be fraud. But, until last night, the NY AG's probe was understood to be looking at civil violations of the law, not criminal ones. That has all now changed.

We're joined today by former Asst. U.S. Attorney for the District of Columbia, RANDALL D. ELIASON who, while serving as AUSA, was also Chief of the Public Corruption/Government Fraud section at DoJ. He is now a professor at George Washington University Law School, a contributing columnist at Washington Post, and writes about corporate and white collar crime at his own Sidebars Blog.

Given today's news, we have a lot of questions for him, beginning with the most fundamental: What is the difference between a criminal and a civil investigation? "The most important difference," Eliason explains, "is in a criminal case, people can go to jail. Only in a criminal prosecution can somebody actually lose their liberty. Of course, criminal cases have the higher burden of proof, as well. You've got to prove beyond a reasonable doubt to a unanimous jury. [In] civil cases the burden of proof is much lower, typically just a preponderance of evidence that you can establish the offense took place. So, civil cases can lead to hefty fines, but the stakes are lower, because at the end it's usually primarily about money. In a criminal case, you're talking about people possibly going to jail, and the stakes are much higher."

Beyond that, of course, we've got many more questions about the scintillating news out of James' office today:

• Why would NY state's civil probe turn into a criminal one?;
• If James' office has joined Vance's criminal probe, is her own civil investigation still moving forward at the same time?;
• Why would the NY AG announce this new development publicly at all?;
• Does anyone go to jail if a corporation is charged, rather than an individual?;
• Why does it matter if the Trump Organization paid its longtime Chief Financial Officer Allen Weisselberg and his sons (who are also employed by Trump) with free NYC apartments and private school tuition for their children?;
• Why is it a concern for prosecutors that Trump's company spent millions on consultants, including to his own daughter Ivanka while she was already employed at the company?;
• Are the various probes of Trump and his company taking longer than might be expected in cases such as these?;
• If Trump's former personal lawyer Michael Cohen was convicted and imprisoned by federal prosecutors for participating in a hush-money conspiracy "directed" by Trump, why hasn't Trump been charged yet for "directing" that criminal conspiracy not that he's no longer in office?;
• And, with all of Trump's looming legal concerns that we currently know of --- from New York to Atlanta to Washington D.C. --- would Eliason be more surprised if Trump has NOT been criminally indicted by this time next year or if he has been?

As you might expect, Eliason has a lot of helpful insight on all those questions and others today!

Next, West Virginia's Democratic Sen. Joe Manchin and Alaska's Republican Sen. Lisa Murkowski joined forces this week to issue a letter calling on leaders of both parties in the House and Senate to move forward with a measure to repair the Voting Rights Act of 1965 that was gutted by the U.S. Supreme Court in 2013. "Inaction is not an option," they write, "Congress must come together."

The effort comes as Manchin is the only Democrat in the Senate to have not signed on as a co-sponsor of the For The People Act (known as H.R.1 in the House and S.1 in the Senate). That is the Democrats' critical, omnibus election and campaign finance reform bill that would, among MANY other things, end gerrymandering, mandate automatic voter registration and early voting and curb the use of dark money in political campaigns. But it does not restore the critical provision in the VRA, gutted by SCOTUS, that mandate pre-clearance by the Dept. of Justice of new voting laws in jurisdictions with a long history of racial voter suppression. The John Lewis Voting Rights Advancement Act (or H.R.4) does that.

While Manchin is, so far, unwilling to support H.R.1, because he believes election reform bills must be bipartisan (all Republicans in the House voted against it, and all have opposed it so far in the Senate), this week's efforts with Murkowski seems to suggest he'd be open to support H.R.4, the John Lewis Act, or something akin to it.

I explain why that bill is currently on a separate legislative track from the For the People Act --- instead of simply combined with it --- and why Manchin appears to be under the absurd illusion that somehow at least ten Republican Senators would support any legitimate fix to the Voting Rights Act in order to allow such a bill to overcome a GOP filibuster in the upper chamber.

Finally, a "blockbuster" new climate report was issued on Tuesday by the International Energy Agency (IEA), a U.N. partner group that is traditionally, and notoriously, pro-fossil fuel. This report, however, offers a road map on how the world's energy needs can be met while still achieving net zero carbon emissions by 2050. As Desi Doyen explains, the plan mandates no new fossil fuel development beyond what is already in place. That's a stunning turnabout on its own from this particular agency, which also points out that we already have the technological innovation that is needed to achieve net zero in 30 years, but a significant portion of it is not yet ready (or is currently prohibitively expensive) for broad commercial use. Desi details the IEA's road map, what it signals, and what it will mean both politically and for the energy sector as the world continues to come to terms with our quickly worsening climate emergency...

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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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On today's BradCast, the end sure seems nigh for the indescribably corrupt, terrorist-supporting National Rifle Association, after some big news out of a federal courtroom in Texas this week. If it's too soon to discuss the news, I hope they'll understand that we're sending them our thoughts and prayers. [Audio link to full show is posted at end of summary.]

But first up, some more good news today, even if you'd be forgiven if you hadn't noticed, given the lack of media coverage. The Secretary of Homeland Security, Alejandro Mayorkas, announced this week that the Biden Administration has "drastically reduced" the number of unaccompanied minors being held in Customs and Border Patrol facilities by nearly 90% over the past month. From almost 6,000 at the end of March --- when much of the non-wingnut corporate media had taken their cues from the wingnut media to declare a "Biden Border Crisis!" --- to fewer than 600 children held in CBP cages as of Tuesday. After covering the "crisis" in breathless headline after breathless headline at Washington Post over the past month, the paper noted the good news in an 8 paragraph squib that is almost impossible to find amid a long blog page of Tuesday news items, and comes days after both CNN and NYTimes and others (though probably not Fox "News") had already noted the development.

Then, some more news that --- given everything else going on --- has flown a bit under the radar. Amid the NRA's ongoing bankruptcy trial in federal court in Texas, a U.S. Dept. of Justice official from the U.S. Trustees office --- which enforces federal bankruptcy law --- has told the judge she opposes the gun group's petition for Chapter 11 protection. The unusual declaration may all but quash the NRA's hopes of going into bankruptcy in a corrupt scheme to avoid legal accountability in New York. State Attorney General Letitia James sued the NRA last August to dissolve the state's 150-year old "charitable" organization, due to wildly corrupt violations of the state's charter for non-profits. The NRA had hoped to receive bankruptcy protection from the federal government in order to duck the suit by closing shop in NY and reestablishing themselves in Texas, which apparently welcomes cartoonishly corrupt "non-profits" with open arms. (With a state Attorney General who is currently under indictment himself for state felony securities fraud and facing a broadening FBI criminal probe for corruption of his office, that should come as little surprise.)

The latest NRA news, of course, was a stunner to the group as it was revealed in court near the end of their trial this week. It also comes on the heels of another series of mass shootings in recent months. But good luck finding any news in recent years that doesn't. It does underscore, however, the absurd scam that the NRA's Wayne LaPierre has been pulling off against his own duped members for decades now (with millions of dollars in expensive vacations, hundreds of thousands of dollars spent on fancy suits, sweetheart contracts for himself and his friends, all on the NRA's dime) and the far worse con that they've been pulling off on the American people in their corrupt, willful misinterpretation and lies about the 2nd Amendment.

The late, conservative U.S. Supreme Court Chief Justice Warren Burger knew about it. He said during an interview in 1991, the 2nd Amendment had been "the subject of one of the greatest pieces of fraud on the American public by special interest groups that I have seen in my lifetime." The current Chief Justice, however, may be willing to play along with that fraud in an upcoming NRA challenge, just accepted by the Court last week, that may upend more than 100 years of state gun laws barring weapons carried outside of the house without a permit.

We're joined today to discuss all of that --- and how, and if, Joe Biden and the Democrats can possibly take action on gun safety legislation in this environment --- by IGOR VOLSKY, author of Guns Down: How To Defeat The NRA And Build A Safer Future With Fewer Guns. He is founder of Guns Down America, and details today the astonishing news emerging from the NRA's attempt to escape accountability in NY, while suggesting that this may really be the end for the NRA gun lobby as we know it.

He accused me "understat[ing] the kind of revelations we've heard from the bankruptcy trial, in which Wayne LaPierre, NRA board members and many other top NRA officials admitted to many of the just jaw-dropping allegations that were made against it by the NY Attorney General. Just to underscore, one the admissions that really stunned the courtroom was the current NRA president admitting that she shred and burnt documents because she feared they could be used against the organization."

"The great fear, according to insiders, that at least Wayne LaPierre has, is that the next wave of charges are going to be criminal and that he's going to find himself in an orange jumpsuit," Volsky reports.

"They also took a very unusual approach for an organization that claims they can no longer pay their bills," he says. "They publicly said they're as strong as they've ever been, they're still the nation's premiere gun rights organization, but that they were simply using this maneuver in order to get outside of the New York Attorney General's jurisdiction and move to Texas, where the laws are much weaker. That's not how one uses bankruptcy. That's not the way bankruptcy law works." It's also very likely another violation of the law.

So, what do its members think of all of this? And who will replace the NRA if they really are shut down for good? Those are among the separate questions we discuss as well, along with much more related to this topic.

Finally, speaking of rightwing grifters, good government group Citizens for Ethics and Responsibility in Washington (CREW) has obtained records from the Secret Service, suggesting that, while Donald Trump may no longer be in office, he is continuing to steal a whole lot of tax-payer money for himself and his company. While the children of most Presidents no longer receive Secret Service protection after a new President is sworn in, before leaving office, Trump signed off on protection for his kids and three top appointees for and additional six months. Those kids do a LOT of travel and spend a LOT of time at Trump-owned properties --- in Bedminster, NJ, Palm Beach, FL, and Briarcliff, NY, to name a few --- and when they do, guess who receives tens of thousands of dollars from the Secret Service for accommodations?

Yup. The Trump grift never ends...

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Our ongoing parallel coverage on The BradCast of the insane former President and the not-insane current President continues today, as one faces a decision whether to compromise with Republicans on COVID relief, and the other continues to dig his own grave even deeper while facing still more accountability for his disastrous Presidency. [Audio link to full show is posted below summary.]

But first up, as COVID vaccinations get shut down in the Northeast due to a monster winter storm, anti-vaccination protesters and rightwing Trump-supporting extremist in sunny Los Angeles over the weekend temporarily shut down COVID vaccinations at Dodger Stadium. Because they are jackasses.

Speaking of jackasses, Donald Trump lost all five of his impeachment defense attorneys on Sunday, just days before his historic second impeachment trial is set to begin next week in the U.S. Senate --- this one, for "Incitement of Insurrection" at the U.S. Capitol on January 6th. The five, actually respectable attorneys, quit Team Trump, reportedly, because the former failed President insisted his impeachment defense should include his false claims that the election was stolen from him. The lawyers wanted to stick with the false argument that an Impeachment Trial after a President is out of office is somehow unconstitutional. But, no worries! Trump has reportedly replaced two of those attorneys already, with one who represented now-deceased sex trafficker Jeffrey Epstein and another who, as a state prosecutor in Pennsylvania, refused to file criminal charges against convicted sex predator Bill Cosby. Trump's new attorneys should be a match made in heaven for the disgraced former President and accused sex predator himself.

In the meantime, the accountability continues for Trump's business, as a New York Supreme Court Justice on Friday ordered the Trump Organization to turn over even more documents related to the ongoing civil bank and tax fraud investigation being carried out by the state's Attorney General. That probe is running parallel to a similar criminal investigation by the state prosecutor in Manhattan, into the 45th President's allegedly fraudulent activities. Trump continues to lose in court in virtually every single one of his challenges to both probes.

And, accountability continues at the same time for some of the thousands of those in the MAGA Mob who attended the U.S. Capitol insurrection, even if they didn't (apparently) join those breaking into the building to try and overturn the 2020 election. Just ask Mark Hastings, the CEO of an online bartending supply company who proudly posted his "Stop the Steal!" selfie from outside the Capitol on his Facebook page. Customers are now said to be leaving BarProducts.com in droves. He has since deleted the selfie, for some reason.

But while Trump is facing accountability, as are his supporters who attacked the U.S. Capitol, what of those officials in his Administration who quietly and dutifully served him for years as he separated immigrant children from their parents, helped killed hundreds of thousands by opportunistically treating COVID as a hoax, and incited an attempted insurrection?

Last week, non-partisan government watchdog groups Accountable.us and American Oversight launched a new campaign called CorporateComplicity.org to hold American corporate CEOs to account for hiring former senior Trump Administration officials. Accountable's LIZZY PRICE joins us today to explain the campaign, and the difference between the "cancel culture" Republicans are now whining about --- now that some are finally facing a few consequences for their actions --- and accountability. (Answer: None. Also, the irony of GOPers whining about "cancel culture" after years of boycotts against those with whom they disagreed politically, is laughable. Especially just days after the Arizona GOP voted to "cancel" (censure) their own Republican Governor Doug Ducey, their own former Republican Senator Jeff Flake, and even the late John McCain's wife Cindy for daring to oppose overturning the state's lawful election of Joe Biden last November.)

"There are three real fundamental foundations to this campaign. One, no one is guaranteed a cushy job just because they served in the Administration.  Two, actions have consequences.  And three, staff at any organization reflects their [organization's] values. We're trying to make it very clear to companies that your staff reflect your values. So to hire the architect of these harmful, anti-democratic policies and rhetoric is to be complicit in that, to take that on as your corporate identity," Price explains. "So we want to make that sure corporations really think hard about doing that."

"This isn't about 'cancel culture.'  It's about what kind of behavior and what kind of policies that you reward. Corporations have a part to play in making sure that Trump is not normalized. If these officials are welcomed back into high-profile jobs, it only encourages more bad behavior."

And what does the campaign plan to do, if companies ignore their friendly warning [PDF]? "We're saying, look, if you won't vet your candidates, we will.  And we'll use any tool in our toolbox to make sure the facts are out there," Price tells me.

Finally, we close with calls from listeners ringing in one whether they'd like to see President Biden compromise with Republicans on his proposed $1.9 trillion COVID relief package in order to see it passed with bipartisan support via regular order in the U.S. Senate, instead of by a simple majority vote under the Budget Reconciliation process. On Monday, the new President was meeting with 10 Republican Senators who proposed a $600 billion package on Sunday night --- about a third of the size of Biden's --- offering much less relief for the American people.

So, should Joe and the Dems move ahead with the much-needed package they ran and won on (including $1,400 relief checks for those making $75,000 or less) or a smaller package (with just $1,000 checks for those making $50,000 or less) to keep his promise of reaching out to try and find compromise with Republicans? Callers have a few thoughts on that, and we are with almost all of them...

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On today's BradCast: He wants you to be frightened. He wants to terrorize you. Don't let him. Vote instead. [Audio link to today's show.]

The fact that time is running out for the Trump Crime Family and their decades of fraud in New York --- as Eric also clearly knows --- is probably not helping, but Donald Trump is getting desperate. Hence, his refusal to commit, when when asked about it during a press briefing Wednesday at the White House, to a peaceful transfer of power after this year's Presidential election.

His excuse? "The ballots are a disaster...Get rid of the ballots....The ballots are out of control." While many have been discussing the disturbing options that some Republican controlled states may consider using to override the ballots by having their legislature select Electors to the Electoral College this year in defiance of voters, that's probably not what Trump was talking about yesterday when pretending "the ballots are out of control!"

He has been complaining for months about states that are automatically sending absentee ballots to all active registered voters this year. He is pretending this is "out of control" and a "scam" by Democrats to somehow steal the election. In fact, as we break down on today's show, Trump's complaints are, themselves, a scam.

In short, 5 states (Oregon, Washington, Colorado, Utah and Hawaii) have long sent all voters absentee ballots, whether they request one or not. Of those, only Utah is a so-called "red" state, and none of them are seen as anywhere close to likely to flip their Presidential vote from the way they voted in 2016. So, Trump is almost certainly not complaining about those five states.

But this year, due to the COVID-19 pandemic that Trump failed so disastrously to control, 5 other states (California, Vermont, New Jersey, Montana and Nevada) will also be sending mail-in ballots to all voters. Of those, the first three are very reliably Democratic states in Presidential elections. Trump won Montana by some 20 points in 2016. So, of those five, only Nevada (whose Republican Secretary of State is in charge of the election) could be considered, in any sense, a swing-state --- though it hasn't elected a Republican nominee for President since 2004, and a new Fox "News" poll out this afternoon shows Trump trailing Joe Biden there by 11 points.

If somehow, magically --- due to some imagined massive Democratic fraud --- both Montana and Utah suddenly flipped to Biden this year, but Trump managed to hold all the same other states he won in 2016 (none of which have instituted universal Vote-by-Mail this year), Trump would still win the Electoral College.

So what is he pretending to be so bothered by? Actually, nothing. He is simply desperate to win and, as his chances of doing so are dwindling, he's desperately grasping to pretend there is a massive Democratic scheme to cheat him out of that win with universal Vote-by-Mail. There isn't.

But make no mistake, he will do nearly anything to come up with a way to get a "win" --- as long as it's other people who will risk their lives for it. That, of course, is also why he is hoping to further pack an already stolen, 5 to 3 rightwing U.S. Supreme Court, and why he is signaling that there may not be a peaceful transfer of power in the event that he loses.

Despite his threats, Trump is a coward. Bullies want you to be afraid of them, when, in fact, they are terrified of you. As well he now should be.

This nation is about to be tested in a way that we haven't seen since at least the Civil War. But, as we discuss today --- and in agreement with both Nancy Pelosi's and Bernie Sanders' responses today to Trump's Briefing Room thuggery --- the solution is the vote. An overwhelming landslide of a vote, which is now completely possible if we all step up and do our duty to save this democracy. To paraphrase Barack Obama: Yes, we can!...But will we?

We will find out over the next six weeks...and beyond. We offer both advice and encouragement to that end on today's show.

Also today, just a few more reasons for Trump's increasing panic, in addition to the New York State Attorney General and the Manhattan District Attorney both quickly closing in on Trump Organization crimes in two separate probes: A federal court this week tossed out the Trump/RNC lawsuit in Nevada seeking to block their Vote-by-Mail election, despite legislation adopted by the state legislature and signed by its Governor; And the news that even Texas could now be in play, with a record 1.6 million newly registered voters, Democrats spending millions on TV ads in a state long previously considered to be a Republican state, the Biden Campaign hiring on-the-ground staffers, and CBS' latest Battleground Tracker poll finding Trump leading Biden by just two points in a state that hasn't elected a Democratic nominee for President since 1976. Oh, and Republicans appear so frightened about what could happen if voters are allowed to cast their votes in Texas this year, that a bunch of them are suing their own Republican Governor to roll back his tepid expansion of Early Voting in response to the coronavirus.

Finally, Desi Doyen has quite a bit of "big" and, yes, very good news for us today (for a change) in our latest Green News Report...

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Michelle Obama says that quarantine, racial strife and the "day in and day out" "hypocrisy" of the Trump Administration has left her wrestling with "low-grade depression". We know the feeling and suspect you do as well. But, as we noted almost four years ago here on the BradCast, we're all going through this nightmare together. We said we'd be here with you throughout, and we still are. And we will come through this together. [Audio link to show is posted below the following summary.]

All of our stories today are today's top story. And we couldn't even get to all of them. But we tried. Among those stories...

• Ohio's Republican Governor Mike DeWine tested positive today for the coronavirus just minutes before he was to meet with the President. Lucky for him --- and the President --- that everyone who meets with Donald Trump must be tested first. If we were all only as lucky as the President; Trump was in Ohio today to sing the praises of the "economic prosperity" his Administration has brought to the nation (and attend a fund raiser for his reelection). [UPDATE POST-SHOW, 7:49p PT: A more sensitive test finds DeWine negative for COVID-19 after all!]

• That "economic prosperity", according to the Labor Department today, includes another 1.2 million Americans who newly filed for unemployment last week. It was the 20th straight week with more than one million new jobless claims. Before the pandemic, the all time highest number of weekly jobless claims was 695,000. More than 31 million Americans are now out of work as they enjoy Trump's "economic prosperity" as the GDP fell a record annualized rate of nearly 33% in the second quarter. It took three years of the Great Depression before we even got close to an annualized negative 30%. During the Great Recession, we only ever topped out at about negative 8%. Other than that, how about all that "economic prosperity" thanks to Donald Trump?!;

• As bad as things are, they are likely to get much MUCH worse, unless Republicans in Congress and at the White House get their act together and quickly. The $600/week expanded unemployment payments from an earlier COVID emergency relief bill for those 30 million or so unemployed Americans has now expired. The moratorium on evictions has also ended. But Republicans and the White House are still unable to put together a new relief package that can pass Congress. Democrats in the House already adopted a $3 trillion package to extend unemployment, the eviction moratorium, and give hundreds of billions to cash-strapped states, cities and hospitals, not to mention the U.S. Postal Service months ago. Tens of thousands of deaths later, however, we're still waiting on the GOP and the Administration to take action. How many will be homeless, starving or dead before they do?;

• In some brighter news --- at least for those who weren't suckers enough to donate money to the con-artists at the terrorist-supporting National Rifle Association --- New York state's Attorney General Letitia James sued the NRA on Thursday, charging massive financial fraud by its leaders and seeking to dissolve the once-powerful, now wholly corrupt 150-year old organization. James' civil suit details a gobsmacking amount of corruption and unlawful self-dealing by the NRA's leader Wayne LaPierre (pictured above) and four other top officials. It alleges the "non-profit's" executives diverted tens of millions of dollars to themselves for lavish personal vacations and other personal expenses, no-show contracts for associates --- including family members and girlfriends --- and even secret contracts created for themselves. LaPierre is alleged to have hidden millions of dollars in personal income from the IRS in the bargain. James is seeking to shutdown the organization's charter as a non-profit organization established in New York, and to bar the executives for life from holding any major role in any charitable organization. Donald Trump said today that he thinks the matter is "a very terrible thing"...for the NRA, an ally of his, as opposed to the millions of Americans who have been ripped off by rightwing political group of grifters;

• But James' announcement today may just be a preview of wait awaits Trump himself (along with his associates and family members) down the road. While James already shut down Trump's own so-called "charitable" organization for similar fraud and self dealing, and the President was forced to cough up $25 million dollars just after his 2016 election to settle fraud complaints against his "Trump University" scam, the worst may still be ahead him. The New York Times revealed on Wednesday night that Manhattan District Attorney Cyrus Vance, Jr. successfully subpoenaed Deutsche Bank last year --- one of the only banks willing to loan him money --- for years of financial documents from the Trump Organization. Trump had sued both Deutsche Bank and his accounting firm Mazars USA to prevent them from turning over financial records in response to subpoenas from Congress, and sued Mazars to prevent them from giving similar tax-related statements to Vance --- successfully stalling the prosecutor, who now has clearance from SCOTUS to pursue that subpoena. But Trump apparently failed to prevent Deutsche Bank, which loaned him some $2 billion over the years, from responding to the subpoena from Vance. The documents now reportedly in the DA's possession are believed to reveal that Trump vastly and fraudulently over-inflated his personal assets (we know, doesn't sound like him at all, right?) Last week, Vance argued before a federal court that Trump's tax records were needed from Mazars as part of his investigation into public reports of "extensive and protracted criminal conduct at the Trump Organization." Given that we have now learned Vance already has many of Trump's financial documents from the German bank, it sounds like the District Attorney knows exactly what he expects to find in the rest of the documents he is seeking;

• Finally today, after some quick and disturbing news from NOAA about this year's already-record Atlantic Hurricane season on what we are now likely to see over the next four months as it continues, Desi Doyen joins us for the latest Green News Report. It, too, is chock full of quick and disturbing news....but also some very encouraging news here and there and wherever else we can find it...

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(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Oil giant Exxon Mobil wins climate fraud case in New York; NOAA finds 'sweeping' changes underway in the Arctic; Extreme weather raising the risk of a global food crisis; PLUS: Teen climate activist Greta Thunberg named Time Magazine's 'Person of the Year' for 2019... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): John Kerry and the climate kids: a tale of 2 new strategies to fight climate change; How a closed-door meeting shows farmers are waking up on climate change; Greenland's ice sheet melting seven times faster than in 1990s; Getting rid of pollution improves public health a lot faster than you’d think; Warren proposes 'Blue New Deal' to protect oceans; L.A. is ditching coal, replacing it with another polluting fuel... PLUS: Key points from the EU's newly-released Green Deal... and much, MUCH more! ...