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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Today we had our first live BradCast out of KPFK's new (if temporary) broadcast facility, where everything is not yet quite in place. Nonetheless, I think we survived it in good order, including some good callers! [Audio link to full show follows this summary.]

On our last show last week, with two top-notch federal law experts, we went to air just after the U.S. Supreme Court completed hearing the absurd Oral Argument on whether Presidents have "absolute immunity" for any and all crimes they commit while in office. They don't. It's nowhere to be found in the Constitution or anywhere else. But Donald Trump has made that argument in order to delay his federal criminal trial on charges related to having attempted to steal the 2020 Presidential election. The lower courts denied his argument, and yet the corrupted SCOTUS decided to hear it anyway and took their sweet time in doing so.

We spent a fair amount of time on that previous show discussing the ridiculous question that the Supremes claim to be examining --- whether a President is immune "from criminal prosecution for conduct alleged to involve official acts during his tenure in office" --- and how the Justices on the Court questioned the counselor representing Special Counsel Jack Smith and the attorney representing Trump in the disgraced former President's delayed 2020 election interference case.

The decision to hear the case, of course, has prevented that federal trial --- originally scheduled for March --- from moving forward at all. The Court took enough time even scheduling Oral Argument to likely prevent the case on four felony charges from going to trial, much less completing, before America is asked to vote on whether to give the President who tried to steal the 2020 election another term of office in the 2024 election.

But we didn't spend as much time in our coverage last week on just how transparently corrupt this entire exercise was and is, with at least five of the rightwing Justices appearing more concerned about the potential rogue prosecution of a President than about the ability for the American people to bring criminal accountability against an actual rogue President.

The upside --- if there can be one --- is that it seems the scales have fallen from the eyes of most serious Court watchers who had long fooled themselves into believe that, when the rubber meets the road, even the rightwing Justices (three of them appointed by Trump himself) would do the right thing for the nation instead of their party. Thursday's absurd hearing seems to have made it clear to just about every serious person that the Roberts court is now doing little more than running interference for Republican policies in general and the former Republican President in particular. In a word: it is corrupt.

Our long-held position that the stolen and packed rightwing supermajority on the U.S. Supreme Court has been completely corrupted is no longer a particularly radical, or even minority view among serious people. Recognizing that is a first step toward figuring out what to do about it and how, if possible, to overcome it.

We were also able to take some calls from listeners today --- (surprisingly, we were able to do so at the new KPFK location, where the phone system is largely only half in place ) --- regarding what, if anything, can or should be done about any of this as the nation stumbles its way toward November, potential autocracy under a rogue, criminal President and his Court, and whatever dystopian American future may accompany it...

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On today's BradCast: Honestly, I tried. But it was really hard to find any part of the case heard by the corrupted U.S. Supreme Court on Thursday that wasn't just absolutely ridiculous. [Audio link to full show follows this summary.]

For nearly three hours this morning, the nine Justices themselves --- including a number of its rightwingers --- seemed to struggle to pretend that any of this made sense. In Trump v. United States [PDF], the disgraced four-time indictee is arguing that former Presidents of the United States have "absolute immunity" from any and all crimes they may have committed while serving in office, including murdering his political opponents or anything else you can think of.

As absurd as it sounds, Donald Trump has used this novel claim to, so far, successfully delay his federal trial on four criminal counts brought by Special Counsel Jack Smith related to Trump's many failed efforts to steal the 2020 Presidential election. SCOTUS has helped by delaying today's hearing for months and may help further depending on when they decide to release their opinion, and whether or not that opinion will lead to still more delays in the lower courts.

After losing this argument at the trial court last year and then unanimously at the D.C. Court of Appeals, Trump brought the case to SCOTUS, packed with three of his own appointees. They did him the favor of taking up his losing argument and putting off their Oral Argument on it until today, almost certainly delaying his trial for trying to steal the 2020 election until AFTER the 2024 election. [Transcript and audio of today's proceedings here.]

"This Court has never recognized absolute criminal immunity for any public official. Petitioner, however, claims that a former President has permanent criminal immunity for his official acts, unless he was impeached and convicted," argued Michael Dreeban, Counselor to Jack Smith, in his opening statement. "His novel theory would immunize former Presidents for criminal liability for bribery, treason, sedition, murder and, here, conspiring to use fraud to overturn the results of an election and perpetuate himself in power. Such Presidential immunity has no foundation in the Constitution."

In taking the case, the Court decided to hear the following question: "Whether and if so to what extent does a former President enjoy Presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

But what "official acts" are they even talking about? Smith's indictment accuses Trump of things like organizing fake slates of electors; pressuring state officials and the DOJ and his Vice President to fraudulently change certified election results; and directing supporters to the Capitol on Jan. 6, 2021 after telling them to "fight like hell or we won't have a country anymore." The Justices --- as well as our two guests today --- all seemed to have a very difficult time finding any "official acts" for which Trump is being accused.

We're joined today by two excellent guests. Former Chief of the Fraud and Public Corruption unit at the U.S. Attorney's office in D.C., RANDALL D. ELIASON now teaches at George Washington University Law School, publishes the SidebarsBlog newsletter, and contributes to New York Times. Former Deputy Asst. Attorney General at DoJ, LISA GRAVES is now Executive Director of Truth North Research. They each know far more about all of this and the specifics of the Rule of Law than I do. But they too had trouble coming up with much of anything Trump has been charged with that has anything to do with "official acts" as President.

Its an "astonishing argument," says Graves. "What's at issue in this case is a set of conduct by this President to basically subvert our democracy through a variety of means. None of these are official acts. But even if somehow a President were engaged in an 'official act,' like appointing an ambassador, he couldn't take a bribe in the context of doing so. It just seems crazy that here we are with the U.S. Supreme Court basically delaying the prosecution of Donald Trump for a set of acts that are clearly outside the bounds of a Commander-in-Chief, whose job is to take care that the law is faithfully executed."

There was no conflict in the lower courts to resolve, but at least four members of the High Court decided they wanted to hear this silly argument nonetheless in which Trump and his attorney John Sauer have been arguing that, without immunity, Presidents would be unable to take bold, decisive action. It would "chill" their ability to do their job for the American people.

"The easiest response is that for nearly 250 years, that hasn't deterred Presidents from taking bold, decisive action," Eliason responds today. "Because they've also been willing to recognize that they need to act in compliance with federal criminal law, and they might be held accountable if they don't. On the one hand, he's saying there's a chilling effect on all these Presidents, even though it hasn't bothered any President in the past. On the other hand, he's saying 'But of course he could be prosecuted IF he's impeached and removed.' Well there's a chilling effect. So why doesn't that undercut his argument?"

We share audio clips from today's hearing, along with much more insight on all of it from Eliason and Graves, including why this case was accepted in the first place; the "Bizarro Superman world" in which we are having this argument and the "repugnant" idea of Clarence Thomas sitting on this case at all, as Graves observes; the argument by Sauer that unless statutes specifically say they are to apply to the President, like the federal bribery statute, they can't be held against him (Eliason, who headed up the DOJ's bribery prosecutions unit in D.C., notes the bribery statute actually "does not name the President, but nobody thinks that the President is immune for bribery"); and, of course, how and when they believe the Court will ultimately rule.

ALSO TODAY... On Wednesday, a grand jury in Arizona indicted Trump's former Chief of Staff Mark Meadows, his attorney Rudy Giuliani, his other attorney John Eastman and 15 others, including 11 Republican fake electors (including two sitting state Senators and the former head of the state GOP), for their efforts to try and steal the 2020 election for Trump in the state.

AND FINALLY... Desi Doyen joins us for our latest Green News Report, with grim-as-ever news, but also some really cool news from out here in California, where the state has been powered by 100% renewable energy --- largely solar --- for much or all of the day for a whole bunch of days in a row in recent weeks. So, there's that positive note to end today with, in any event!...

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On today's BradCast: If only the corrupted U.S. Supreme Court cared as much about the exact words in Section 3 of the 14th Amendment (the "Insurrectionist Disqualification Clause") as they pretend to care about the word "otherwise" in a criminal statute used to hold hundreds of January 6 insurrectionists --- including the former President --- accountable for obstructing an official government proceeding. [Audio link to full show follows this summary.]

But, first up today, a few news items of note...

• Yesterday, House Republicans formerly delivered two articles of revenge impeachment against DHS Secretary Alejandro Mayorkas to the U.S. Senate for a trial. Today the trial began and ended, as Democrats determined the articles contained no High Crimes and Misdemeanors as required by the Constitution.

• Despite pleas from Donald Trump and GOP U.S. Senate candidate Kari Lake for Arizona state lawmakers to repeal their draconian 1864 total abortion ban (which Lake long supported...until the all-GOP state Supreme Court revived the law last week), Republicans lawmakers in the state legislature blocked another attempt by Democrats to repeal the 160-year old territorial law.

• In Tuesday's Democratic Primary runoff for Alabama's newly redrawn 2nd Congressional District, the popular progressive, Shomari Figures, easily won. The more important news, however, may be that Democratic voter turnout during the first round of voting last month on Super Tuesday doubled from two years earlier. That, after the state was finally ordered by the U.S. Supreme Court to redraw their unconstitutionally, racially gerrymandered Congressional Map to include a second district where Black voters may have a chance of selecting a candidate of their choosing.

Next, we're joined by longtime legal journalist CHRIS GEIDNER of Law Dork News to discuss Tuesday's Oral Argument in Fischer v. U.S. at the U.S. Supreme Court. The case questions whether a January 6th insurrectionist was properly charged with a 2002 law that criminalizes obstruction of an official government proceeding.

Some 300 of about 1,400 of those charged for their participation in the Trump-incited attack on the U.S. Capitol --- including Trump himself --- have been charged and/or convicted by more than a dozen D.C. federal judges under this same statute. But one of those judges, a Trump appointee, rejected the use of the law. He was overturned by the D.C. Court of Appeals, but the plaintiff --- a police officer at the time --- took his case to SCOTUS, which heard it on Tuesday.

Geidner was at the Court this week during Oral Argument and joins us today to explain how the hearing went; why this challenge over the the meaning of the word "otherwise" in the statute even exists; the rightwing Justices' newly-discovered concerns about overcriminalization; whether he believes the Court will kill, narrow or allow the statute to stand as is; and how their ruling might affect both the cases for hundreds of insurrectionists and two of the four criminal charges that rely on the statute in Special Counsel Jack Smith's federal indictment of the former President for his multiple failed attempts to steal the 2020 election.

Geidner also offers a preview of next Thursday's looong-awaited hearing on Trump's ridiculous, rejected-by-every-lower-court, "Presidential Immunity" case, in which he asserts that all Presidents must have absolute immunity to commit any and all crimes they like while in office.

"The arguments advanced by Trump have no foundation in history, in practice, or in experience. And there is a very strong case for imagining that we will get a 9-0 decision in that case, even with this Court," Geidner argues, before noting: "The bottom line here is Trump will still have delayed [his federal 2020 election interference] case. It will be at least May before we get a ruling on this. So, in some ways, win lose or draw, he has won, if the goal here is to avoid the possibility of a conviction on these charges before the election is held in November."

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