On Day 2 of the second corrupt Trump Presidency, we catch up on today's BradCast with the destruction he wrought (or attempted to) on Day 1, just hours after he became the first convicted felon, adjudicated rapist and adjudicated insurrectionist to be sworn in as President of the United States. And it all just happens to come, coincidentally, on the 15th anniversary of the U.S. Supreme Court's horrific 2010 Citizens United decision, which helped make so much of this day possible. [Audio link to full show follows this summary.]

Given Donald Trump's "flood the zone" strategy, including scores of Executive Orders, Actions, Directives and Memoranda signed on Monday (much of it for show, some of it dangerously real) we try to cover a lot in a very short time on today's program. I'll do my best to quickly summarize at least some of it here...

• Since MLK Day was largely preempted by yesterday's Inauguration (and our 2025 Inauguration Counter-Programming Special --- thanks to many for the kind words about it!), we begin today with a piece of Martin Luther King's 1967 "Blue Print" speech to a group of students in Philadelphia that, surprisingly, served as inspiration for us today!

• Please note: It has now been more than "24 hours" since Trump was sworn in (and since he was elected in November, since that was the original, oft-repeated promise) and Russia's horrific war on Ukraine is still raging anyway.

• Trump signed scores of orders on Monday night, though the most immediately substantive was his "full, complete and unconditional" blanket pardons for about 1,500 January 6, 2021 insurrectionists and seditionist --- including the leaders of the far-right paramilitary groups Proud Boys and Oath Keepers who were found guilty and sentenced to more than a decade in prison for Seditious Conspiracy, in their treasonous (if failed) attempt to help Trump steal the 2020 election. Many of the violent domestic extremists who were released from prison today attacked law enforcement officers on that awful day at the U.S. Capitol, "armed with firearms, stun guns, flagpoles, fire extinguishers, bike racks, batons, a metal whip, office furniture, pepper spray, bear spray, a tomahawk ax, a hatchet, a hockey stick, knuckle gloves, a baseball bat, a massive 'Trump' billboard, 'Trump' flags, a pitchfork, pieces of lumber, crutches and even an explosive device." But all is now, apparently, forgiven with Trump's pardons, despite the assertion on Fox "News" just one week ago by then Vice President-elect J.D. Vance that "Obviously, if you committed violence on that day, you shouldn't be pardoned." But that was a week ago, and this is now, when, with today's release of the January 6 terrorists, Trump now has his own domestic paramilitary if and when needed. And those who testified against them originally, including law enforcement officers, are now, understandably, very concerned for their own personal safety.

• Trump signed an Executive Order declaring a "national emergency" and "invasion" at the southern border, where there is no such emergency or invasion. But now he has a pretext to invoke the military wherever it may be needed to round up, arrest, detain, imprison and deport undocumented migrants and asylum seekers, among other things.

• Trump signed an Executive Order claiming to end the 14th Amendment's Constitutional right to birthright citizenship, even as historian and tyranny expert Timothy Snyder helpfully reminds us: "A president’s executive order cannot undo a law or a Supreme Court decision, let alone a provision of the Constitution. Forget that and you do have a dictatorship on day one." That EO is already being challenged in court by 24 states.

• Trump, who miserably failed to handle the COVID pandemic, which killed more than a million Americans, signed a declaration withdrawing> from the World Health Organization.

• Trump signed an Executive Order revoking Joe Biden's landmark 2023 Executive Order on AI safety.

• Trump signed Executive Orders "protecting women from radical gender ideology" and declaring there are only two immutable sexes: male and female, as determined by whether they are born with eggs or sperm.

• Trump revoked a 2021 Biden Executive Order calling on federal agencies to promote voting access and expand voter registration. Trump and Republicans will have none of that! What do you think this is, a representative Constitutional democracy or something?!

• Trump also rescinded a Biden era Executive Order that had repealed an Executive Order from Trump's first term that attempted to game the U.S. Census for partisan gain by, among other things, attempting to exclude non-citizen residents of the U.S. from the count of the "whole number of persons in each state", as per the 14th Amendment, for the first time since the very first Census was carried out in 1790.

• Finally, Desi Doyen joins us for our first Green News Report of the second Trump era, with more on his Day 1 efforts to use Executive Orders to undermine the climate, the health of Americans, the livability of the planet, and the U.S. economy along with it. Trump signed Executive Orders declaring a "national energy emergency" (which is not a thing that actually exists); to stop all off-shore wind projects (what happened to that "national energy emergency"?!); and to join with Iran, Libya and Yemen by withdrawing (yet again) from the landmark, voluntary Paris Climate Agreement, a move that could end up costing the U.S. hundreds of billions, if not trillions, of dollars via lost leadership, technology and manufacturing of clean, renewable energy...

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Buckle up for yet another busy day on The BradCast. It's gonna be this way for a long while, I suspect. At least we've got some apparently good news today in the bargain. [Audio link to full show follows below this summary.]

FIRST UP: An apparent breakthrough in the months-long negotiations for a six-week, and perhaps longer, ceasefire and return of hostages to begin ending the horrific, long war between Israel and Hamas in Gaza was announced today. While Israeli Prime Minister Benjamin Netanyahu's office has yet to confirm the deal, said to begin Sunday, Israel's President Isaac Herzog called on them to do so, and President Joe Biden touted the deal on Wednesday. The months-long negotiations were also said to have been joined by the incoming President's team in recent weeks, who had (much to my surprise) lauded the Biden negotiators in recent days. The White House today said both Administration teams had been "speaking as one" in the latest talks.

THEN: Thanks to the (hopefully) good breaking news mentioned above, we've got a truncated version of coverage of today's six different U.S. Senate confirmation hearings for key posts in the new Trump Administration, with our focus today on Trump loyalist, apologist, Impeachment defense attorney and former Florida Attorney General Pam Bondi, his pick for U.S. Attorney General, dodging largely all advice and consent questions she faced from Democrats on the Senate Judiciary Committee. Even the easy ones. (Video here.) She repeatedly refused to say, for example, whether Joe Biden fairly won the 2020 election; whether she was aware of any evidence of "massive fraud" during that election; whether she'd advise the incoming President against pardoning violent January 6th insurrectionists who attacked police at the Capitol; whether she would target Trump's perceived enemies for prosecution; or whether she would even insist that he obey the law and Constitution. We share excerpts today from Bondi's questioning from Senators Adam Schiff (D-CA) and Mazie Hirono (D-HI).

FINALLY: Just before Thanksgiving --- just over a week after Donald Trump was announced the winner of he 2024 election --- we were joined on this program by RANDALL D. ELIASON, longtime D.C. federal prosecutor, now law professor at George Washington University, author of the SidebarsBlog newsletter and contributor to a number of media outlets.

Back then, he was calling for the sentencing of Trump in New York --- for his 34 felony convictions related to hush-money payment to a porn star to help him cheat to win the 2016 --- to happen before this month's inauguration, even as the three other criminal felony indictments (two at the federal level and one in Georgia) Trump faced would most likely be abandoned due to the outcome of the election.

On Friday, after several desperate and failed emergency appeals to the high court in New York and to his pals on the U.S. Supreme Court, Trump was, indeed sentenced for those felonies by NY's Justice Juan Merchan. The sentence, unfortunately, was for an "unconditional discharge", with the judge explaining that he felt it was his only option given the results of the election. That means Trump will face no jail time or even financial penalty for his 34 counts of falsifying business records to hide the 2016 payout. He will, however, take the oath of office next week as the first felon to become President of the United States.

Eliason returns to the program today, to explain if that's what he had been hoping for, or, at least, if that satisfies his pre-Thanksgiving advocacy. Over the weekend, in an article at Sidebars on the sentencing, he lauded Merchan and described the sentencing as "a small victory (yes, really) for the rule of law."

But is it? Apparently Trump thinks it is, Eliason argues. We drill down on that question (he calls Merchan's sentence "the least-bad option" even if it "feels like another example of [Trump] being above the law."); what Merchan might have done differently while attempting "to avoid even the perception" that the court was trying to influence the 2024 election; what the terse 5 to 4 SCOTUS rejection [PDF] of Trump's emergency appeal to block his NY sentencing augers for a second Trump Presidency ("not a good sign"); whether the case could still be tossed on appeal; and much more, including both Eliason's insight on whether the full Jack Smith Special Counsel report on Trump's now-abandoned federal indictments will ever be released, and his concerns about the DoJ under Trump during the next Administration.

On that last point, Eliason warns today, in the wake of Trump's A.G. pick Bondi appearing ready to roll over for whatever Trump wants: "The bigger picture concern is the threats that Trump has made to use the Justice Department to go after political opponents and those who criticize him. Like the people who ran the House January 6th investigation. That is obviously wrong --- a violation of everything the Justice Department stands for. And if those kinds of things do start to happen, that's going to be a major, major deal."

"That's one of my biggest concerns," he explains. "Trump says a lot of stuff that he never follows through on. But if his Justice Department --- which is going to have some of his personal trial attorneys, apparently, in top positions --- if they do start using the justice system to go after his political opponents and those who criticize him, then that's going to be a huge, huge problem."

Stand by for huge, huge problems...

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I suspect it's gonna get much uglier before it's all said and done. And we're here for it! A "MAGA Civil War"? Count us in on The BradCast! [Audio link to full show follows below this summary.]

But, first up, some other news today...

• Repeated "wildfire weather" warnings from the National Weather Service for Los Angeles, predicting "a life-threatening, destructive windstorm," with wind gusts as high as 100mph(!) from Tuesday afternoon through Wednesday morning, after months of dry weather appear to have been prescient. The day started here with a neighbors huge tree limb blowing over to crush our backyard canopy amid the gusty winds. By shows end today, tens of thousands being evacuated from a quickly growing wildfire in Pacifica Palisades, on the coast. It has gotten much worse since we got off air today, with hundreds reportedly abandoning their cars on the Pacific Coast highway to flee encroaching flames.

• In what counts for Trump criminal accountability court news these days, his favorite federal Judge/tool, Aileen Cannon in Florida, who was seated at the very end of his first term after he lost the 2020 election, , is working hard for her promotion to SCOTUS. On Tuesday, she exercised dubious authority to block the release, at least for now, of Special Counsel Jack Smith's report on Donald Trump's two different, now-abandoned federal felony indictments for stealing thousands of pages of highly classified national security documents upon leaving office, and for his failed attempts to steal the 2020 election. We'll see how long her ruling stands.

• Meanwhile, in New York, an appeals court on Tuesday rejected Donald Trump's attempt to stay his criminal sentencing, still scheduled for Friday, in the case in which he was found guilty of 34 felony fraud counts related to his hush money payments to a porn star to help him cheat to win the 2016 election. Barring any surprises, the sentencing is still on for this week, though the judge in the case has indicated he is unlikely to issue any jail time, given Trump's re-election. But, even with an "unconditional discharge", he will still become the nation's first convicted felon to be sworn in as President.

• On Monday in New York, in federal court, former NYC Mayor turned disgraced Trump lawyer Rudy Giuliani was found in contempt of court for failing to lawfully respond to the $148 million defamation judgement against him won by Georgia election workers Ruby Freeman and Shaye Moss, who Rudy and Trump both falsely claimed had committed fraud during the 2020 election. If only Rudy could have figured out how to become President and make all of his crimes go away like Donny did.

• Then, we're joined by RYAN COOPER, Managing Editor of The American Prospect, on the emerging (and hilarious) dust-up between the broligarchs who control Trump, like richest-man-in-the-world Elon Musk (and his sidekick Vivek Ramaswamy), and his hardcore MAGA cultists like Laura Loomer and Steve Bannon. Cooper's article on the matter is headlined "President Musk Declares War on American Workers".

  Just before the turn of the new year, sparks started flying when the duped MAGA cultists learned that Trump was going to continue the H-1B visa program that allows skilled tech workers to come to the U.S. and take less money to work longer hours than American citizens. After facing criticism for the Silicon Valley billionaires' favorite work visa scheme (the South African-born Musk came here himself on an H-1B), Musk took to the social media site he purchased and declared war on Loomer and any other MAGAs who dared oppose him, declaring: "The reason I'm in America along with so many critical people who built SpaceX, Tesla and hundreds of other companies that made America strong is because of H1B," before he added, "Take a big step back and FUCK YOURSELF in the face. I will go to war on this issue the likes of which you cannot possibly comprehend."

  The self-proclaimed "free-speech absolutist" then proceeded to downgrade and demonetize Loomer's account on Twitter/X, along with dozens of other MAGAs who dared call out Musk and the H-1B program.

  Today, Cooper explains tells me why the Silicon Valley broligarchs are so fond of the H-1B program, which, he says, they wield as a "weapon of class warfare" that "provides a pool of exploitable labor" that must do as you say or get sent back to their country. We also discuss Musk and the Right's actual position on "free speech" ("Tthey get to say whatever they want, and you get to shut up."); who appears to really be calling the shots now in Trumpland (Hint: its the guy who controls the "still depressingly influential social media platform that all the Republicans are on"); and how this nascent war between the two major factions of Trump's MAGA cult/coalition is likely to shake out in the days ahead.

  "We are in the realm of syphilitic emperor history books," Cooper tells me. "You've got Trump, who is 78 and clearly has lost MANY steps from when he was a young man. But Elon Musk is also incredibly erratic and impulsive. With these two megalomaniac narcissists with giant fevered egos, typically you'd see a massive falling out over something." And yet, so far, Trump is standing with the richest man on Earth and pretending he even knows what the H-1B program is. Meanwhile, says Cooper, about "Trump and his toadies, the minute they become inconvenient for him, he just throws them over the side. Which, for some reason, doesn't seem to affect the supply of people lining up to get thrown over the side the next day."

• Finally, Desi Doyen has our first Green News Report of the new year, with much to catch up on after our long holiday break, including the brutal, climate change-fueled weather across much of the country this week; President Joe Biden's last-minute ban on new offshore drilling across most U.S. coastal waters; the environmental legacy of the late President Jimmy Carter; and much more...

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We're back on today's BradCast after our holiday break! And just in time for today's completely peaceful January 6th certification of the 2024 Electoral College results during a joint session of Congress. It sure is fun how peaceful things are when Republicans aren't pretending the election was stolen from them, eh? [Audio link to full show follows below this summary.]

But that doesn't mean 2025 hasn't started off with a bang, unfortunately, as discussed along with a whole bunch of stuff today as we begin to get caught up on some news we missed over our break and the news that continues to break now that we're back.

Before opening up the phones to listeners in the second half of today's show, here are links to just some of the stories cited in our coverage today...

• Blogger and activist Jeff Tiedrich offers perhaps the best ever journalistic description of the "cognitively-impaired rage-baby" who, over the weekend, "melt[ed] down into saddest sad ever" over flags to be flown at half-staff in memory of President Jimmy Carter during the rage-baby's second inauguration two weeks from today.

• Our factoids of the day on Jimmy Carter's environmental legacy, as the long goodbye to the 37th President of the United States continues before he is finally laid to rest in Plains, Georgia later this week at age 100.

• In her capacity as President of the U.S. Senate, Vice President Kamala Harris, who lost the 2024 Presidential election to Donald Trump, oversaw the certification of the Electoral College results today during a peaceful joint session of Congress. It was carried out without challenge, incident, death, insurrection or terror attack on the U.S. Capitol, as previously incited by the former President (now official President-elect) four years ago today.

• Criminal felon and rage-baby Donald Trump continues to rage this week following the ruling [PDF] last Friday by the judge in his New York hush money trial, where he was found guilty of 34 counts of felony fraud related to paying off a porn star to help him cheat to win the 2016 election. Justice Juan Merchan ordered that Trump would be sentenced this coming Friday, ten days before his second inauguration. But the judge also signaled Trump was unlikely to face any jail time and will instead receive an unusual, "unconditional discharge" for his many crimes. Nonetheless, Trump continues to rage and appeal and, so far, lose all of those appeals. Despite that likely lack of any actual punishment at all, the news now means Trump will almost certainly be sworn in to office as the first convicted felon to enjoy that great honor.

• Also today, a few words about the terror attacks by two U.S. citizens last week on New Year's Day, one in New Orleans on Bourbon Street, one in Las Vegas outside of a Trump hotel in a Tesla Cybertruck, The latter was carried out by a hardcore Donald Trump (and Elon Musk and Bobby Kennedy Jr.) supporter, even though that aspect of the attack has been virtually ignored by the corporate media.

Then we open the phones to listeners for the first time in the new year, To discuss the news of the day along with hopes and fears for what lies ahead this year. In addition to one of our favorite Trump trolls, we also hear from a caller who says that he went to school with Elon Musk in South Africa. What he tells us happened at that school, if true, may explain a whole lot about Elon Musk...

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On today's BradCast: The unspeakable corruption of the Trump 2.0 era is already under way, even before the 2024 election has even been finalized. So what are we all gonna do about it? I've got a few thoughts. [Audio link to full show follows this summary.]

Among our coverage today...

• The Biden Administration's Federal Trade Commission finalized its new rule today banning bait-and-switch junk fees for concert tickets, hotels, vacation rentals and more. The only vote on the FTC against the new rule? The man just named as Trump's incoming Federal Trade Commission Chair, of course.

• The Presidential Electors selected by popular vote in each state met today to officially cast their votes in the 2024 Presidential election in each state capital. And, though I didn't have time to mention it on air, 13 of the Republican Electors who cast votes for Donald Trump today in the Electoral College, in three different states, are currently facing felony charges for fraudulently declaring themselves to be official Electors in the 2020 election. But carrying out official duties as either alleged or convicted felons now seems to be a feature of the Republican Party.

• Convicted felon Donald Trump saw his motion to toss out his 34 state felony convictions rejected by New York Superior Court Justice Juan Merchan late on Monday. The judge, who oversaw Trump's trial for the filing of false business records as part of his hush money payoff scheme to porn star Stormy Daniels to help him cheat to win the 2016 election, denied every argument Trump's attorneys presented in their motion citing the recent ridiculous ruling by corrupt Republicans on the U.S. Supreme Court that Presidents enjoy immunity for all crimes committed while carrying out official acts as President. The hush money scheme, however, took place before Trump became President, and evidence submitted by NY prosecutors during the trial regarding any official acts during Trump's first term as President was not enough to overcome the "overwhelming evidence" of his guilt presented by prosecutors, according to Merchan, who "held the line" on the rule of law, at least for now. It is now all but certain, for the first time in U.S. history, that a convicted felon will be sworn in as President of the United States on January 20th.

• But the corruption and abuse of power on display last week at a major cryptocurrency conference in the United Arab Emirates, as headlined by keynote speaker Eric Trump, the incoming President's son, is almost unfathomable. He hobnobbed with convicted criminals and others currently under investigation for financial crimes, and made clear that his family's new cryptocurrency platform, World Liberty Financial, is now open for business...wink, wink. Wanna buy off the next President of the United States? Here's a perfectly "legal" way to do so, to the tune of however many tens of millions or billions of dollars you'd like to give to the incoming felonious President. The New York Times offered mostly good coverage last week, even as few other media outlets seemed to pick up on the gob-smacking report --- and even as the "paper of record" managed to normalize this unprecedented abuse of power by the Trump Family with one of the greatest understatements of all time: at one point in their story they describe Donald Trump's new crypto-pipeline for bribery, payoffs, money laundering and political favors as little more than "a more relaxed approach during this new administration to business ethics"(!!!)

• So, what to do about all of this? Is there any way to push back? Or is this just the end of the rule of law and American democracy as we know it, as some "militant pessimists" (to paraphrase Josh Marshall in a more family friendly way), have been arguing since Trump's recent election? On that, and on all of our roles as The Opposition, I've got quite a bit to say --- more than I can possibly summarize adequately here. So, please tune in at least for that. It's important.

• Finally, Desi Doyen, who knows quite a bit about overcoming militant pessimism in her 15-year beat on the climate front, joins us for our latest Green News Report, as an "apocalyptic" cyclone unfolds in the excessively warm Indian Ocean; Malaria is on the rise again thanks to climate change; an historic ski resort in Switzerland is forced to call it quits; and, as the Biden Administration, still pushing out historic renewable energy action to the very end, its EPA succeeds in the long-overdue banning of several cancer-causing chemicals...

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Lots of news today on BradCast, though not all of it terrible. It also features not one, but two song and dance men, though only one of them is not a horrible person. Either way, we promise to leave you singing on your way out of the theater. [Audio link to full show follows this summary.]

Among today's stories of note...

• In the largest single-day act of clemency in modern U.S. history, President Joe Biden commuted the sentences of some 1,500 people today who were released from prison to home confinement during the COVID pandemic. As discussed, he also promised "more steps in the weeks ahead."

• The Dept. of Justice's Inspector General released a long-awaited report [PDF] today on the FBI's preparation for what became Donald Trump's January 6, 2021 attack on the U.S. Capitol. Despite years of false claims by MAGA Republicans, including members of Congress, that undercover FBI employees somehow instigated the attack, the I.G. report finds, among other things, that none were present at the Capitol that day.

• Inflation and, specifically, high prices at the grocery store have been cited by many as the reason for Donald Trump's apparent election victory last month. In fact, he ran on promises of lowering prices at the grocery store "very quickly" throughout the campaign. In September, for example, he declared: "Vote Trump and grocery prices will come tumbling down". In October, he promised to "bring your grocery bill way down." And, in an interview that aired on NBC this past Sunday, he attributed his victory, in part, "on groceries" and said again that "we're going to bring those prices way down." Rarely did anyone in the media throughout the campaign press him on how he would lower the cost of groceries. So it seems voters were misinformed enough to believe him and vote for him. And yet, in an interview with Time before Thanksgiving just published today, Trump admits he has no actual plan to lower prices at the grocery store. "It's hard to bring things down once they're up," he told the magazine. "You know, it's very hard." We'll see how long it takes, if it ever does, for MAGA buyers remorse to set in.

• But you know who did help keep your grocery prices low? The Biden Administration's Federal Trade Commission. Biden's progressive Chair of the FTC, Lina Kahn, led a lawsuit against the proposed 2022 merger of grocery giants Kroger and Albertsons, arguing the $20 billion deal would raise prices for consumers and lower pay for the company's 700,000 union workers. This week, a federal judge agreed with the FTC and blocked the merger, at least for now. In the meantime, Trump's nominee to Chair the FTC, Andrew Ferguson (a former clerk for corrupt Justice Clarence Thomas), vows to abandon Khan's tough standards for mergers between powerful American companies.

• North Carolina Republicans took a beating in statewide races in November, losing the contests for Governor, Lt. Governor, Attorney General, Sec. of State and Superintendent of Public Instruction. They also lost their gerrymandered supermajority in the state legislature. So, while they still have the power to do so in their lame-duck session, Republican lawmakers, passed a massive bill under the guise of disaster relief for Hurricane Helene (which simply shifted already existing funding from one account to another) and used the next several hundred pages of the bill to strip many of the key powers from all of the incoming Democratic statewide officials. The outgoing Democratic Governor vetoed the obvious power grab. But, last week, the GOP-controlled Senate used their supermajority to override the veto and, despite an outpouring of protest from voters at the state capital, the GOP-controlled House did the same last night. Nonetheless, I suspect this fight ain't over.

• Finally, Desi Doyen joins us for our latest Green News Report on, among other things, the wildfire in Malibu, California that led to the emergency evacuation of thousands of residents, including film and TV legend Dick Van Dyke, who turns 99 on Friday. Also, on the effort by environmentalists to add Endangered Species Act protections to the quickly disappearing Monarch Butterfly. As Des mentions at the end of today's show, you can leave a public comment here in favor of the Fish and Wildlife Department's effort to protect the butterflies.

  And, as she also discussed, that fantastic and charming and so, so sweet music video and interview with Van Dyke by Coldplay's Chris Martin, released just last week before the fire --- filmed at Van Dyke's Malibu home which, thankfully (as you'll be especially happy to hear after watching the video!), didn't burn down this week, can be seen right here. Never mind today's BradCast for the moment. Go watch that video. We'll be here when you get back. You'll thank us!

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It has been a very busy several days since we spoke with you last on BradCast! So it's another very busy show today. [Audio link to full show follows this summary.]

Among our coverage today...

• BREAKING before air: Law enforcement officials have arrested a "strong person of interest" in last week's Manhattan murder of UnitedHealthcare's CEO. A 26-year old man in Altoona, Pennsylvania --- said to have a gun like the killer's, a silencer for it, a fake ID and other related stuff --- has reportedly led police to believe they may have their man, though no official announcement has been made to that end as of airtime.

• Over the weekend, Romania's constitutional court nullified the results of the first round of voting in the NATO member nation's Presidential elections due to evidence of massive interference by Russia via tens of thousands of cyberattacks and a scheme to pay a coterie of TikTok users to post pro-Russia propaganda in favor of a longshot Presidential candidate. (Sound familiar?) The election will now be re-run. Imagine that. In the meantime, despite all manner of concern about Russian (and domestic) interference in the U.S. Presidential election this year, official certification of Electors in each state moves forward this week, without nary a hint of the hand-count or post-election audit that so many world-class cybersecurity and voting system experts have called for --- for very well-supported reasons --- following Donald Trump's reported victory on November 5th.

• Also, over the weekend, the Assad Family's barbaric, decades-long autocratic rule of Syria finally came to an ignominious end, following a lightning offensive by rebel groups at the end of a deadly, 12-year civil war on the long road to Damascus. Bashar Ashad and his family fled to Russia, Syria's top ally, seeking asylum and exile. Russia --- for its part, as President Biden noted during his remarks on the stunning fall of Assad's Syria on Sunday --- had been unable to come to the aid of its longtime ally, as they are stuck in their own quagmire following their invasion of U.S. and NATO-supported Ukraine. While Biden lauded the good news of the fall of Assad as "a moment of historic opportunity for the long-suffering people of Syria to build a better future for their proud country," he was more cautious about what comes next and whether those now claiming power --- tied in years past to al-Qaeda --- can moderate their politics to govern Syria responsibly. Time will tell.

• And, with still more bad news for authoritarianism, South Korea's opposition Democratic Party continues to have the support of the people as it pushes back against the rightwing ruling party and its President following last week's auto-coup via martial law declared by President Yoon Suk Yeol. The declaration was called off just hours later amid a popular uprising and members of both parties fighting their way past military troops to open the National Assembly to a hold a vote to end the martial law declaration. In the days since, Yoon now clings tenuously to power. His party, the People Power Party (or PPP), blocked an impeachment attempt by the Democrats over the weekend and demonstrators remain on the streets as South Korean officials announced a travel ban for the President, and the PPP declared the party and the nation's Prime Minister will take over all foreign and domestic business from Yoon until he leaves office earlier than planned. So, with no power, why is he still hanging around? And with no constitutional basis for this shift of President powers to a political party and a Prime Minister, the opposition Democrats are describing it as a second coup and vow to continue their impeachment attempts on a weekly basis through the end of the year or until Yoon is deposed.

• Finally today, the Biden Administration has reportedly been considering issuing broad, unprecedented, preemptive pardons to a number of Donald Trump's self-declared domestic enemies. That effort kicked into even higher gear with the incoming President's announcement that he planned to nominate Kash Patel to head up the FBI. Patel has been outspoken about investigations and prosecutions against a long list of Trump's perceived enemies, listing some 60 of them by name in his recent book, including Joe Biden himself, Vice President Kamala Harris, former Sec. of State Hilary Clinton, former Obama Attorney General Eric Holder, Trump's own Chairman of the Joint Chiefs Gen. Mark Milley and dozens more. Over the weekend, during an interview with NBC News, Trump appeared to up the ante yet again by calling for the jailing of former Rep. Liz Cheney (R-WY), Congressman Bennie Thompson (D-MS) and other members of the bipartisan January 6 House Select Committee.

  So, should Biden use his Constitutional Presidential pardon power before leaving office to grant clemency to many of those who will likely be targeted by a weaponized Trump Administration? Or is it more important to maintain the polite "norms and traditions" that only Dems seem to follow as Trump and Republicans run rough-shod over them? My view is pretty clear: Offer them all pardons. If they want one, grant it. If they don't, they're on their own.

  We open up the phones to get the opinions from listeners on this matter and whether or not they would like to see Biden issue such pardons. Suffice to say, we remain a divided nation...

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The contrast and choice for American voters, as discussed on today's BradCast, couldn't be more stark, now less than a week before the most consequential Election Day in modern American history. [Audio link to full show follows this summary.]

Last night, in the nation's capitol, on the Ellipse in front of the White House, on the very same spot where, on January 6, 2021, the now convicted felon and former President of the United States urged his supporters to attack the U.S. Capitol in a desperate last gasp effort to steal the 2020 election, Vice President Kamala Harris delivered her "closing argument" to what her Campaign described as more than 75,000 supporters.

She summarized her many policy prescriptions to help boost young and struggling Americans and the middle class, underscored her calls to restore reproductive freedoms stolen from American women, accurately characterized her opponent as a threat to democracy itself, and promised to work to end the hateful divisiveness that he has turned into his singular political bludgeon.

Her remarks came just two days after Donald Trump offered his own "closing argument" in his old home town of New York City, before a packed house at Madison Square Garden, the site of a notorious 1939 American Nazi rally. The historic parallel was made impossible to ignore.

His six-hour raucous event was chock full of crude, racist and misogynistic attacks on his opponent, with mostly male speakers characterizing Harris as a prostitute, a "devil", and the "Antichrist," among other things. A comedian opened the affair by describing Puerto Rico as a "floating island of garbage", along with demeaning jokes about Black people, other Latinos, Palestinians and Jews. Trump, when he finally took the state, made no effort to disassociate himself from any of his fellow speakers who, by yesterday, he had characterized as taking part in a "love-fest".

These are the two major choices for President of the United States now before voters in a contest that pre-election polling averages, if you believe, describe as a virtual tie. "On November 5th," quips a popular social media post making the rounds in recent weeks, "it’ll be as if the whole world is waiting for the results of a biopsy to come back."

That is where we are. And that is why I needed to hear today, for the last time before Election Day, from our old and always very smart friends and fellow old-school bloggers, HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog and 'DRIFTGLASS, who writes at his eponymously-named blog and co-hosts the weekly Professional Left Podcast from his home in "Flyover Country, Illinois."

I've got much to ask them both about today, as we try to make sense of this moment before the storm likely to be unleashed --- no matter who is ultimately announced to be the winner --- as early as next Tuesday night. Though Driftglass sagely warns today: "This election is not going to be over once the votes are counted. This election will be over in January, when hopefully Madame President is sworn in."

Hailing from Abraham Lincoln's birthplace in Springfield, IL, Driftglass explains why Harris' remarks on Tuesday led him to recall the Gettysburg Address. "Nobody can be Lincoln," he acknowledges, before observing that while his most famous speech "didn't end the Civil War, it changed the terms under which the war was being fought." He details a number of parallels with Harris' speech at the Ellipse on Tuesday, including: "The opening was about honoring the people who had fallen defending liberty --- the bastards who charged the Capitol --- and how we have to reinvent the country, how we have to come together. I think it was a very deliberate choice of venue and style, drawing explicit connections between what has happened on this ground, and what we need to do next."

Parton, for her part, characterized Trump's "fascist" rally at MSG as a "a hate-fest, not a 'love-fest.' The fact that he even said that is hilarious. They made it clear what they were doing. They were trying to gather the faithful through hatred, bigotry, racism and homophobia. This is something they did on purpose. They want to reach their low-propensity voters --- the 'Bro Vote' --- who basically don't pay attention to politics."

"By having all these other people say all these awful, ugly things, Donald Trump gets a pass on that stuff," she explains. "This wasn't him saying this stuff, this was all the people he lined up at his rally. That has an effect."

But, she argues, and Driftglass concurs, he may have made a fatal error in a contest that is purportedly this close by allowing that racist attack on Puerto Rican voters, who number nearly half a million in the battleground state of Pennsylvania alone.

We've got much more than that, of course, to discuss with them today, including...

• Why this election is reportedly so close and if it really is that close.
• If so, where all of these Trump voters coming from, given the number of Republicans --- and female voters --- who have abandoned him in favor of Harris.
• How Trump "cracked the code", as well as the media, in how to run for President as a Republican.
• How Harris is being "held to impossibly high standards" while Trump is "being held to no standards at all."
• What Trump's "little secret" with GOP House Speaker Mike Johnson might be, and how easily Democrats are "panicked" by it.
• How Trump and Johnson promise to dismantle the Affordable Care Act (ObamaCare) if Republicans win the White House and Congress, even as some 50 million Americans --- including millions of Republican voters (who either don't notice or care?) --- now have health coverage thanks to that landmark legislation.
• And whether we are all victims right now of the greatest mass gaslighting in world history.

Before they go today, both Digby and Driftglass offer their own "closing argument" for our listeners who may still be either undecided, considering voting for Trump or a third-party candidate, or who may be thinking of not voting at all...

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We lost our planned guest this afternoon for today's BradCast to either COVID or flu. (A good chance to remind you: get your shots!) But that afforded us the opportunity to dig into a few important items/warnings we've been hoping to get to. [Audio link to full show follows this summary.]

As of Monday afternoon, Washington Post has reportedly lost more than 200,000 digital subscribers --- described as a "colossal number" or about 10% of its subscriber base --- following billionaire owner Jeff Bezos' cowardly decision last Friday to spike the legendary paper's planned Editorial Board endorsement of Kamala Harris just days before this year's Presidential election.

While the cost to the already-struggling paper's bottom line comes at an enormous price to journalism, its Amazon-founder owner --- whose aerospace company also has huge contracts with the federal government --- is likely to simply write off those subscriber losses as pocket change. His real goal, according to virtually all coverage of the sad affair, was likely to stay on the right side of a vengeful, petulant, former, and perhaps near-future, President of the United States in Donald Trump.

In fact, the whole sordid affair (coupled with the billionaire owner of the Los Angeles Times doing the same thing last week at around the same time), probably worked to the political benefit of Vice President Harris. But the shockwave warning it sent to all of us --- as also discussed on yesterday's program --- regarding how it revealed to American voters "what life under a dictator would feel like" remains impossible to ignore. It also offered a repeat of the valuable lesson from Yale's Timothy Snyder, an expert on tyrannical regimes, who warns "Do not obey in advance. Most of the power of authoritarianism is freely given. In times like these, individuals think ahead about what a more repressive government will want, and then offer themselves without being asked. A citizen who adapts in this way is teaching power what it can do."

Longtime Russia expert, and former Trump Administration official, Fiona Hill adds to those warnings today, in a detailed interview with Politico Magazine, explaining how great nations slip into authoritarianism when control of newspapers and other media outlets is taken over by billionaires who behave more like oligarchs, as they try to please strongman leaders. It explains why both Trump and Twitter/X owner Elon Musk are now reportedly in regular contact with Russian strongman Vladimir Putin, and why cowards like Bezos (and Musk and L.A. Times' owner Patrick Soon-Shiong) seek to be in the incredibly exclusive oligarchic club approved by --- and at the beck-and-call of --- "the big guy".

None of it, Hill also warns, ends up working out well for the "ordinary people" who supported the strongman in the first place, as a perceived solution to perceived woes, as "ordinary people" are subsequently broken down into various categorical groups (by religion, social status, professions, etc.) who are then set against each other by the strongman.

"In Russia," explains Hill, "for many years, there was a general feeling that Putin was leaving ordinary people alone. The ordinary person is not being left alone anymore. They're being sent to war. They are being repressed. Somebody who supports Trump today and thinks that he's their champion could very easily be on the other end of the spectrum tomorrow --- they could go from being a supporter of Trump to somebody who Trump sees as an opponent, just by being in the wrong category of people, or by saying or doing something publicly that he doesn't like."

"Speech that now seems free and unfettered on X [Twitter], or anywhere else on the internet, or even privately to a friend, could easily be turned against you. That's happened over and over again in Russia and in many other settings," she says, before Politico asks: "How close are we to that in the United States?"

Hill's chilling answer: "We're one election away."

The cowardice of the Post and LA Times' owners today (as well as the last minute loss of our guest), also affords an excuse to highlight the piece from the New York Times Editorial Board which was not forced to pull their punches over the weekend. They published a stark, must-read, multimedia editorial headlined (as splashed across the entire front page of their Sunday Opinion section): "DONALD TRUMP SAYS HE WILL PROSECUTE HIS ENEMIES ORDER MASS DEPORTATIONS USE SOLDIERS AGAINST CITIZENS ABANDON ALLIES PLAY POLITICS WITH DISASTERS BELIEVE HIM."

Today, we step through the case they make as to why American should believe him on each and all of those points, based not only on his behavior during his first term in office, but what we have learned, and what he has learned --- and what he has repeatedly promised --- since then.

Finally, Desi Doyen joins us for our latest Green News Report, with still more on the choice that voters face this year in the Presidential election, in this case as it pertains to environment and energy policy of the two major candidates, and the crushing cost to the U.S. economy that will come with Trump's promised "brown new deal"...

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We've got a flood of news on today's BradCast. Unfortunately, some of that reference is also literal. [Audio link to full show follows this summary.]

Among our many stories today...

• Last week's primary elections in Tennessee (which they hold on Thursdays in the state, because they hope voters don't turn out for them!) saw state Rep. Gloria Johnson win the Democratic nomination for U.S Senate to run against the far-right Sen. Marsha Blackburn. Johnson was one of the "Tennessee Three" who state GOP lawmakers tried to expel after Johnson and two others state Reps participated in a gun safety protest on the House floor following a deadly mass shooting at an elementary school shooting in Nashville. Johnson, who is white, was spared expulsion by one vote. Her two colleagues, Reps. Justin Jones and Justin Pearson, both black, were expelled (though were subsequently returned to the House by their local constituents).

• Hurricane Debby made landfall in the Big Bend region of Florida Monday morning, just 20 miles or so from where Hurricane Idalia came ashore less than a year ago. Desi Doyen joins us with details on the storm surge and catastrophic flooding that is expected in Florida, Georgia and South Carolina as the storm moves to the north painfully slowly. She also explains why these disasters are made worse and more frequent thanks to man-made climate change.

• Also today, Wall Street weathered its own storm, as investors have begun to panic that the U.S. could be headed into a recession and/or that the Federal Reserve waited too long to lower interest rates. In Japan on Monday, investors really panicked, as the Nikkei 225 plunged more than 12%. The major U.S. indexes, however, "only" fell by about 2 or 3% today. Still, it was a bloodbath. We'll see what tomorrow brings.

• After a months-long pause, Donald Trump's federal indictment for his several failed attempts to steal the 2020 election returned to the D.C. court of U.S. District Judge Tanya Chutkan. The pause was thanks to the U.S. Supreme Court's absurd ruling that Presidents enjoy immunity from most crimes they carry out while in office. That ruling, of course, though contrary to any non-corrupt reading of the Constitution, could still further derail the case. For now at least, after receiving the case back on Friday, Chutkan issued several rulings almost immediately over the weekend, finding mostly against the Defense in several outstanding motions. The case is, nonetheless, not expected to come to trial before this November's Presidential election, since her eventual rulings in regard to "presidential immunity" will almost certainly need to make their way back up to the corrupted SCOTUS.

• In breaking news shortly before airtime today, Arizona Attorney General Kris Mayes announced that she was dropping charges against Jenna Ellis after the former Donald Trump attorney agreed to cooperate with prosecutors against her 18 co-defendants. They were all charged earlier this year with fraud, forgery and conspiracy related to the Republicans 2020 fake electors plot in the state. Among those charged along with Ellis and still facing indictments are former Trump attorneys Rudy Giuliani and John Eastman, as well as his former Chief of Staff, Mark Meadows. This could be very bad news for all of them.

• Also today, the corrupted SCOTUS did the right thing for a rare change in declining to halt Donald Trump's sentencing on 34 felony crimes in New York related to his successful scheme to cheat in the 2016 election by paying hush-money to a porn star with whom he was said to have had a sexual tryst. Trump's criminal sentencing will now move forward --- unless something else derails it again (which is always a good possibility) --- next month on September 18th.

• Over the weekend, Donald Trump backed out of the Presidential debate he previously agreed to participate in next month, as moderated by ABC News. He is proposing that he and all-but-certain Democratic nominee Kamala Harris debate before a live crowd on Fox "News" instead. The New York Times' coverage of that news over the weekend was wildly misleading and subsequently changed to eventually become accurate.

• In Virginia last week, a machine recount determined that far-right Republican state Sen. John McGuire did indeed defeat the far-right Republican Chair of the far-right House Freedom Caucus, Rep. Bob Good, by just over 300 votes out of some 63,000 cast during the GOP's June state primary. Good, a 2020 election denier, ultimately abandoned his evidence-free claims of massive fraud via drop-box and conceded the race to McGuire.

• Down in Venezuela, Socialist Party strongman Nicolas Maduro still refuses to release election results from tens of thousands of polling places after the nation's Presidential election just over a week ago. The National Electoral Council --- heavily stacked with Maduro loyalists --- announced on Election Night that Maduro defeated opposition leader Edmundo Gonzalez by about 7 percentage points. Both the U.S. (a longtime Maduro adversary) and Maduro allies such as the leaders of Brazil and Columbia, have called for Maduro to release all precinct-based results from the election. Without the ability for the public to oversee the full results, however, analysts are citing the limited number of Election Night precinct results tapes obtained by opposition-aligned groups from about 1,000 polling sites. Separate analyses of those poll tapes --- by New York Times, Associated Press and Washington Post --- suggest that Maduro not only didn't win by 7 points, he appears to have lost to Gonzalez in a 20-point landslide. We specifically detail the convincing NYTimes analysis and explain how Maduro could refute their findings by simply releasing the data that the voting public deserves to see. Democracy relies on the ability of the public to oversee its own elections. A fact that is equally true here in the U.S.

• While we ran long with all of today's breaking news, we still had time for a caller or two, one of whom who clearly hates democracy --- and is, apparently, no fan of me either!

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Well, it's been several slow news days since we last spoke on The BradCast. Sigh... [Audio link to full show follows this summary.]

On Saturday, a 20-year old registered Republican tried to kill Donald Trump during a campaign rally in Butler, Pennsylvania with the type of long-range, high-capacity, semi-automatic rifle that Republicans have spent years fighting to ensure are easily available to almost anyone in the country who wants one. Their only use is for mass shootings. Now we've had one at a Republican political rally. Thankfully, the shooter, Thomas Matthew Crooks, barely missed the former President. Though he did kill one rally goer and critically injured two others.

Democrats, from President Biden on down, have since been calling for a cooling of political rhetoric, the type of which led to the assassination attempt on Nancy Pelosi's husband, the attempted kidnapping and murder of Michigan's Democratic Governor Gretchen Whitmer, and the attempted insurrection at the U.S. Capitol, among too many other such recent incidents.

Republicans, on the other hand, from the new Republican Vice Presidential nominee and Trump critic turned toady, U.S. Sen. J.D. Vance on down, have opportunistically used the tragic shooting to blame Democrats somehow for the attempt on Trump's life. Some have gone so far as to blame Biden himself in one for somehow personally attempting to murder Trump. Republicans have also attempted to use the incident as a way to chill factual, peaceful political speech that is appropriately and accurately critical of their standard bearer and the party's efforts to undermine America's Constitutional democracy in favor of autocracy and fascism.

No actual motive has emerged for the shooter who was killed by the Secret Service and has so far been identified as a gun enthusiast and "definitely" a "conservative" by one of his former classmates.

We discuss much more on that story today which should have been our lead and only story today. Sadly, it wasn't.

Down in federal court in Florida, the corrupt Trump-appointed U.S. District Judge Aileen Cannon imagined up a reason to dismiss the entirety of Special Counsel Jack Smith's federal indictment of Trump and two co-conspirators on 40 criminal counts related to his theft of thousands of pages of classified documents when leaving the White House and his refusal to return them, in violation of the Espionage Act and other federal statutes. Cannon's reasons [PDF] for dismissing the case --- questioning the constitutionality of the Special Counsel's appointment --- has been rejected by court after court for years in many other cases where a Special Counsel was appointed (including the Robert Mueller probe of Russian interference in the 2016 election and more recently in the case against Hunter Biden) But, following recent instructions in a solo opinion issued by corrupt Supreme Court Justice Clarence Thomas (signed by no other Justices) in an unrelated case, Cannon dismissed the entire stolen documents case. The Dept. of Justice has said they will appeal. Hopefully, when they do, they will also finally move to have Cannon removed once and for all from this case.

Finally, we open up the phone lines again today to listeners who have many thoughts on all of the above...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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"The Supreme Court of the United States is anti-democracy and antivoter --- and has been for far longer than you might think." That sounds like something we might charge at The BRAD BLOG or on The BradCast. But, today, that allegation comes from our guest, an esteemed law professor in his brand new book. [Audio link to full show follows this summary.]

FIRST UP, however... A couple of news items of note today. Convicted felon Donald Trump's 2016 campaign manager and Senior White House Advisor Steve Bannon (also a longtime "anti-democracy and antivoter" activist) may finally be heading to jail as of July 1. That according to a ruling today by the Trump-appointed federal judge overseeing Bannon's two 2022 convictions for Contempt of Congress following his refusal to answer subpoenas from the bipartisan House January 6 Committee. He still has a couple of potential options for delay --- including his hope for a lifeline from the corrupt U.S. Supreme Court. But, otherwise, he is likely to soon be locked up for the next four months in the run-up to this year's election. Sad!

Also today, the EU's climate monitor announced this week that, as of May, the past 12 months have each been the hottest ever recorded on Planet Earth. That announcement came on the same day this week that the U.N. Secretary-General, António Guterres, offered a blistering speech deriding the fossil fuel industry as "the Godfathers of climate chaos" who "rake in record profits and feast off trillions in taxpayer-funded subsidies" after having set the planet on "the highway to climate hell". He is, of course, correct. But Guterres also called, for the first time, for a ban on all ads by fossil fuel companies, akin to the one against tobacco companies, given the billions that Big Oil has spent on decades of deadly lies "distorting the truth, deceiving the public and sowing doubt" about the harm they've caused. He also called for "news media and tech companies to stop taking fossil fuel advertising." Think they will? We discuss.

NEXT... We're joined by Constitutional election law professor JOSHUA A. DOUGLAS of the University of Kentucky's College of Law to discuss his brand new book, The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights. That title almost speaks for itself. But, as you might imagine, it gives us a lot to discuss today.

In his book, Douglas highlights nine different landmark SCOTUS rulings --- some you almost certainly know of, but others that you may not --- going back about 50 years, which he says have "contributed to the rise of anti-democracy forces animating our elections" today, leading the nation on the path toward the attempted rightwing insurrection on January 6, 2021.

"Legitimacy requires buy-in from everyone," when it comes to election law, Douglas tells me today. "So the fact that I make this statement about the Supreme Court, as someone who has tried to be very non-partisan in my work, says a lot about how stark it has become with respect to the way in which the Court has crafted or thought about the Constitutional right to vote."

"It has been death by a thousand cuts," he explains. "A slow march. There's no one case or one concerted effort." But the result of the Court's persistent rulings has been to undermine voting rights and, ultimately, the Constitutional order by giving more and more power to the states, after years of previously requiring strict scrutiny when it comes to restrictive voting laws. Each new ruling, he says, has fed off previous ones, granting more and more power back to states to restrict voting rights, eroding federal protections in both law and the Constitution.

In some cases, Douglas argues, such as 2021's Brnovich v. DNC, the Court (in this case, Justice Samuel Alito writing the opinion for the majority) has taken to simply making up new tests for state election laws "literally from thin air" to support their antivoter rulings.

Ever since the decade following the Civil Rights era, "it's been a slow march towards dismantling some of the protections of the Voting Rights Act, as well as undermining the constitutional importance of the right to vote within the U.S. Constitution. When you look at any one case, you don't necessarily see it. It's when we look at these combined, to note the way in which the Court has placed a thumb on the scale of the [state] legislatures at the expense of voters."

The book is written not for legal scholars, Douglas promises, but for actual voters. Rather than offering simply legal analyses, it is chock full of stories about the individual people involved in each of the cases he highlights. Evidence to support his argument here may be found in the title of Chapter 8, "An 'Embarrassing Judicial Fart'", on 2000's Bush v. Gore ruling.

While The Courts v. The Voters argues "we can no longer count on the Supreme Court to protect an equal right to vote for all" and that "voters are left with nowhere to turn to vindicate their rights," Douglas also offers a prescription for overcoming what he regards as an assault on our Democratic Republic in both the book and on today's program.

FINALLY... Desi Doyen joins us for our latest Green News Report, with more on what the European Union's chief climate monitor describes as the "shocking but not surprising" record heat over each of the last 12 months; the U.N. Secretary-General's well-supported screed against the deadly "Godfathers of climate chaos" in the fossil fuel industry; a record number of heat deaths in the U.S. last year; and the world's largest solar farm --- the size of New York City --- now finally online...in China.

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Today on The BradCast: Imagine if Justice Ketanji Brown Jackson was found to have been flying a Joe Biden "Dark Brandon" flag at her house. Ya think Republicans in Congress might have anything to say about it? Might take any action in response to it? [Audio link to full program follows this summary.]

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

• Republicans in the Ohio state legislature are still blocking Joe Biden from this year's Presidential election ballot in the Buckeye State. Even Republican Governor Mike DeWine is now calling it "ridiculous" and "absurd" and has called a special legislative session for next week to fix the problem that GOP lawmakers have so far refused to. Think they'll finally do it?

• The corrupt rightwing majority on the packed and stolen U.S. Supreme Court on Thursday, allowed a racial gerrymander in South Carolina to remain in place for the 2024 election. All of the Court's liberal Justices dissented. The 6 to 3 majority opinion was written by Justice Samuel Alito, who appeared more concerned that state lawmakers might be seen as having engaged in "offensive and demeaning" conduct, than he did about the tens of thousands of Black voters in the state whose votes have been shifted to other districts to make it easier for Republican Rep. Nancy Mace to hold on to a seat in the U.S. House. It's not a racial gerrymander, the Court's Republican majority claims, it's a partisan one. And, apparently, that's just fine. (Justice Clarence Thomas went out of his way in a concurring opinion to note that racial gerrymanders are just fine as well.) All of that, after a lower court panel of federal judges found that SC's racial gerrymander amounted to the "bleaching of African American voters."

• And, speaking of Sam Alito....Now the whole world knows, if they didn't already, that the corrupt, far-right Republican Supreme Court Justice is both a personal supporter of the Trump-incited 2021 insurrection at the U.S. Capitol and a Christian Nationalist. At least based on the two different flags he has been flying over two of his houses, according to more excellent reporting by the New York Times on Wednesday. That, as we await two different major rulings from the High Court regarding accountability for Donald Trump in relation to the insurrection. Neither Alito nor Thomas, whose wife directly participated in the insurrection, have recused themselves from either case. So, what are Democrats in the U.S. Senate going to do about any of it? So far, it doesn't look like they're prepared to do much, at least beyond issuing an occasional "outraged" press release. As discussed in some detail today, that needs to change.

• One of voting system vendor Smartmatic's several, huge, defamation lawsuits for lies told about the company "rigging" the 2020 election, is against the far-right political propaganda outlet known as Newsmax. Court documents made public this week reveal that Newsmax destroyed evidence --- text messages and emails --- that they were required to retain for the lawsuit.

• This week, Joe Biden cancelled student loan debt for another 160,000 borrowers, bringing the total number receiving some form of forgiveness up to nearly five million. His Dept. of Education has now approved about $167 billion in loan forgiveness under a number of different programs, following the corrupt SCOTUS ruling that prevented the President's initial effort to forgive up to $20,000 for some 43 million borrowers. Still, $167 billion is nothing to sneeze at. And it's money that can now go instead into the economy instead to purchase homes, cars, etc., which helps everyone. Fox "News", of course --- which had no problem when Trump gave trillions of federal dollars to millionaires, billionaires and wealthy corporations via GOP tax cuts --- seems to have a different opinion about federal government relief for those who actually need it.

• Finally, Desi Doyen joins us for our latest Green News Report, as deadly, climate changed-fueled extreme weather lashes folks from Mexico to Iowa; Florida's Gov. Ron DeSantis signs a "Don't Say Climate Change" law as the state broils in yet another heat wave; Oakland, California becomes the nation's first school district to move to 100% all-electric school buses; And microplastics are now found everywhere, even inside of us. You'll have a ball finding out where scientists have discovered them most recently. It's nuts!...

And with that great news, The BradCast (and Green News Report) will be standing down next week for a much-needed break over the Memorial Day holiday week. Will the disgraced former President be a convicted felon by the time we return? We'll find out! Either way, see ya on the other side! (And, of course, well before then for a few Sunday Toons at the very least!)

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