It's been a while since one of our favorite BradCast guests has joined us, and so we've got a lot to catch up with her on today, starting with the GOP's latest attempt to use "legal means to subvert democracy," as she describes it, out here in California. [Audio link to today's full show is posted below this summary.]

But, first some very quick news items today, including good news in Florida, where a state judge has struck down Republican Gov. Ron DeSantis' deadly ban on local and school district mask mandates as "illegal and unsupported"; Bad news in Texas, where three weak-kneed Democrats who returned to the state legislature after blocking a quorum for the last month, just allowed Republicans to adopt a sweeping new voter suppression law; Disturbing news in Russia, where massive wildfires are now said to be threatening a top-secret facility where nuclear war heads are made; Very disturbing news for New Orleans, where evacuations are underway with potentially killer Hurricane Ida quickly approaching; And some puzzling news out of Southern California, where a man was found by police with 300 stolen Vote-by-Mail ballots from California's Gubernatorial Recall election, which is now under way.

That's where we kick things off with award-winning Salon columnist, Hullabaloo blogger and fellow Californian HEATHER DIGBY PARTON today. For those who don't know, state Republicans received three extra months, due to the pandemic, to gather signatures for their attempted recall of the Golden State's popular Democratic Gov. Gavin Newsom, in a state where it is virtually impossible for the unpopular GOP to win normal statewide elections anymore. Vote-by-Mail ballots have been sent to all registered voters with two questions: 1) Should Newsom be removed from office? And 2) If so, who should replace him? There are 46 candidates listed under the second question.

As Parton recently wrote at Salon and details today, Newsom could lose on question 1 with 49.9% of the vote, while current GOP front-runner and far-right, Trump-loving radio talk show host Larry Elder, could then "win" on the second question to become the Governor of the nation's most populous state with just 15 percent of the vote.

Why Democrats didn't reform the state's "archaic" recall system after a similar scam was carried out by the GOP in 2003 to oust then Democratic Gov. Gray Davis and replace him with Arnold Schwarzenegger is a mystery. Though it speaks to the fact that Democrats, in general, as Parton argues, "have failed to understand the political culture that we're dealing with now, and fail to grasp just how important it is that they look ahead and take steps to protect democracy."

"I would say wake up, because this is happening nationally. It's happening in blue states,  red states, and everywhere else --- which is an absolute assault on democracy that's coming from the right," she explains, citing the national consequences as well for the outcome of the Recall on September 14th. "We have an 88-year-old Senator" who may need to be replaced by the Governor at some point. If that Governor is Republican Larry Elder, he'd flip the majority in the U.S. Senate with his appointment and "Mitch McConnell would be laughing and laughing and laughing at the idea that Biden's agenda was completely derailed by the lazy people in California who didn't come out to vote."

In addition to the Recall, we also catch up with Parton on the U.S. pullout from Afghanistan, and the ridiculous way the media has been covering the largest and, so far, most successful U.S. airlift in history, even as they otherwise haven't paid attention to what has been going on for most of the last 20 years of America's longest war.

We discuss how the GOP's long con of claiming to be "small government conservatives" has been exposed by the big government authoritarian edicts of Governors like DeSantis in Florida and Greg Abbott in Texas.

And, as if that's not enough, she also offers thoughts on the growing attempts to bring accountability for Donald Trump's attempt to steal the 2020 election, particularly by the U.S. House Select Committee examining the Trump-incited January 6th attack on the U.S. Capitol. "What they seem to be putting together is the case that Trump was planning to steal the election, and he was using the power of the Presidency to do it."

So, yeah, there's a lot to catch up on today, in yet another very lively conversation with our friend "Digby"!...

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

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

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

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

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

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

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

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

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

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

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

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

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Today's BradCast should serve as yet another wake up call for those of us who may need one. [Audio link to full show is posted at end of this summary.]

First up, Washington Post revealed on Friday that Donald Trump, late last year, attempted to order his acting Attorney General to declare that the 2020 election was "corrupt". To his credit, the acting AG refused to, since there was no evidence of systemic fraud that might have reversed Trump's painful loss to Joe Biden. And, to the credit of the acting AG's staff, all of this was documented in real time with contemporaneous hand-written notes --- from that call and similar ones that reportedly took place on a near daily basis --- with the desperate loser President calling with fraudulent information from the Internet about "fraud". Those notes from the DoJ have now helpfully been handed over to Congress, so there will likely be more to come.

Of note, however, was Trump's response when he was told there was no evidence that would "change the outcome of the election." According to the hand-written notes of senior DoJ staff, Trump replied: "Just say the election was corrupt [and] leave the rest to me and the [Republican] Congressmen."

It was enough, for Trump's dishonest purposes, for the DoJ to simply say the election was "corrupt", even though there was no such evidence to support such a claim. It was similar to how, as we learned during his first impeachment, he wanted the President of Ukraine to say they were investigating Joe Biden and his family for corruption, even though they actually weren't. This is how a liar and a con-man and, yes, how a wannabe autocrat works.

But where Trump's pathetic attempt to stay in power failed last time, that may not be the case in the near future, as many respected voices are now warning. Fox "News" may say the Left is a bunch of autocrats and fascists, but that's only because they hope you won't notice that the Republican Right actually is, and becoming more so by the day. Many respected scholars and pundits from both the Left and the not-insane Right, such as David Frum and Steve Schmidt, are trying to warn about exactly that in advance of the 2022 mid-terms. Schmidt, John McCain's former Campaign Manager, asserted in a Twitter thread this past week, for example, that Trump will be the GOP nominee in 2024, adding that "the Pro-Democracy coalition is sleep walking into the ‘22 election and the stakes couldn’t be higher."

U.S. Naval Academy and Air Force Institute of Technology graduate BRYNN TANNEHILL, who served as a longtime naval aviator, with deployments to the Adriatic, Middle East and North Atlantic, says today that she shares a number of Schmidt's concerns. Her recently published book, hoping to call attention to the unprecedented perils the nation is now facing, is called American Fascism: How the GOP is Subverting Democracy. She joins us on today's show for a chilling, if insightful conversation.

As an investigator of shoot-downs in the military, she explains that she decided to approach this topic not unlike the NTSB might investigate a crash scene, examining every single potential factor that could have played a role in the disaster. "My book traces back some of the roots of the modern Republican Party all the way back to slavery and the Civil War," she explains, "to kind of give an historical sense of where this came from. [It] looks holistically at a lot of the different factors, including the media, loss of faith in science, how white evangelicals are different, how the system has been manipulated, the role of wealth inequality," examining "like an NTSB investigation, as many of the driving factors behind where we are today as possible."

But her clarion warning of where we now are is as chilling as her comparison of the Trump-incited failed insurrection at the U.S. Capitol on January 6th with Hitler and the Nazi's failed Beer Hall Putsch of 1923. "What Republicans can take away from [Jan. 6] is that even when there is a naked attempt at a coup, it costs them nothing. If they attempt to steal democracy by simply overturning an election, there's going to be even less consequences. That's our lesson."

Her book documents (and explains) what she describes as the rise of "competitive autocracy" in the U.S. or "managed democracy" as Russian President Vladimir Putin refers to it. "It's a type of government that has emerged since the end of the Cold War. Essentially, you have a democracy, or something close to a democracy, and then one party wins an election and then changes the rules, such that the incumbent party can essentially never be removed from power.  There are still elections. They are still very often 'free' in the sense that anybody can vote, and there's not just one person on the ballot. But the election through various means has been rigged such that the playing field has been so tilted that you can't remove the incumbent party from power."

We are seeing exactly that, as GOP-controlled states are changing the rules of elections right now, not only to make it harder for Democratic-leaning voters to vote next year and in 2024, but to allow them to replace election officials with partisans who can reverse election results no matter how the electorate actually votes. (See, for example, my conversation last week with now-former Morgan County, Georgia Board of Elections member and longtime voting rights champion Helen Butler who was just removed from her seat on the Board by the partisan County Board of Supervisors after 10 years, following the approval of the state's Republican Governor Brian Kemp.)

Citing similar democracies-turned-autocracies, she points to Russia, Hungary, Poland and others countries, noting that once a nation has headed down the path we are now on, historically, none of have been able to reverse course. "Hungary is absolutely a fascist movement," Tannehill points out, following the 2010 election of Victor Orbán, "and they have absolutely ended democracy there. That's a real danger, in the sense that we have a party that regards democracy as a hindrance to their goals, and their goals of establishing a particular kind of country is more important than the democracy itself."

So does the U.S. stand a chance of turning the tide? "The problem is the system is broken," she argues. "it is so easy to thwart solutions, via Congress, the Presidency, the courts, that it's really unlikely that a lot of the necessary solutions could ever happen.  For example, Senators representing only 19% of the American population can block virtually any legislation that they want to in the Senate."

"To an extent," Tannehill tells me today, the Founders, who thought their system of democracy would prevent a wholly unqualified person from being able to become President, "never dreamed that their vision for a country would be so corrupted that you would have legislators who would overturn elections based off of lies. They also never dreamed that the parties would become so powerful that they would pick the electors for the Electoral College.  The Electoral College was meant to prevent people like Trump."

There is much more to today's conversation, including a bit of hope. No, all is not necessarily lost, as grim as all of this sounds. But unless folks begin to appreciate the dangers of this moment in history, things could get very much worse --- and soon --- before they get better...if they ever do.

Finally, following that dark (if enlightening) conversation, some slightly more encouraging news. After Trump's DoJ spent years ignoring the plain text of the rule of law --- as authoritarian administrations do --- in refusing to enforce the federal statute requiring the IRS to share Trump's tax returns with Congress, Biden's DoJ has reversed course. In a memo issued today by the DoJ's Office of Legal Counsel (OLC), the Department has declared that, in fact, the Treasury Dept. must turn over those long-sought documents to the House Ways and Means Committee after their lawful requests beginning in 2019. Better late than never anyway. And it's nice to see an Administration with some apparent actual respect for law and order once again.

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We can only hope that today's BradCast meets our mission of informing the electorate with stuff you need to know...and does not waste your time with stuff that you do not. [Audio link to full show follows summary below.]

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

• Another tragic story about yet another unnecessary COVID death. This time, a healthy 28-year old from Alabama who got sick along with his mother and sister, after the family failed to get vaccine shots, suspecting that COVID might be a hoax. The young man's dying last words, according to his Mom: "This is not a hoax, this is real." His mother tells Washington Post: "It took watching my son die and me suffering the effects of covid for us to realize we need the vaccine. We did not get vaccinated when we had the opportunity and regret that so much now."

• Next door, in Gov. Ron DeSantis' petri dish called Florida, the state now leads the nation, as new COVID cases have tripled over the last two weeks, along with hospitalizations and deaths. Florida alone, according to CDC data, currently accounts for one quarter of all cases in the U.S. In another grim distinction they share with Arkansas today, both states now have "high" levels of transmission in every single county. The CDC finds several other states, including Missouri, Louisiana, Mississippi and Alabama, sadly, are not far behind in the number of "high" level counties. Many of those states also have shamefully low vaccination rates making everything worse.

• The nationwide surge in COVID cases, due to the wildly transmissible Delta variant of the coronavirus, has resulted in the CDC reversing course on Tuesday, issuing new guidance for mask wearing. They now call, once again, for both the vaccinated and unvaccinated to wear masks in indoor, public spaces. They also now recommend indoor masking for all teachers, staff, students and visitors at K-12 schools in the new school year. Again, almost all of that thanks to those who refused to get vaccinated.

• Meanwhile, in Washington D.C., the new U.S. House Select Committee on the January 6th attack on the U.S. Capitol held its first public hearing on Tuesday. Four U.S. Capitol and D.C. Metro Police officers gave riveting and often emotional testimony. The Committee was created by Speaker Nancy Pelosi after Republicans agreed to, and then reneged on, the creation of what would have been an evenly divided, bipartisan, independent blue ribbon panel, modeled on the 9/11 Commission, with equal subpoena power --- and the power to veto them --- granted to each side.

  After Republicans in the Senate blocked that plan, Pelosi created the House Select Committee, with seven Democrats and Republican Rep. Liz Cheney, chaired by Homeland Security Committee Chair Bennie Thompson. House Minority Leader Kevin McCarthy was allowed to nominate 5 members. Three of his nominees were Members who had voted, after the deadly insurrection on January 6th, against the certification of Joe Biden's decisive victory last November. Pelosi rejected two of them, and McCarthy thereafter withdrew all of his nominees. The Speaker subsequently added another Republican to the panel, Illinois' Rep. Adam Kinzinger.

  Today, we share parts of Thompson's opening remarks on the necessity of the Committee's mission to investigate the January 6th attack, including why it happened and who instigated it, in order to restore "the peaceful transition of power" in the U.S. As well, Cheney offered her own opening statement, vowing to learn "what happened every minute of that day in the White House --- every phone call, every conversation, every meeting, leading up to, during and after the attack."

  "If those responsible are not held accountable," Cheney declared, "and if Congress does not act responsibly, this will remain a cancer on our constitutional republic."

  We then offer extended excerpts from the moving and, at times, disturbing testimony of the four officers who each risked their lives --- some, very nearly dying --- that day to protect the Capitol and its occupants, who were carrying out their Constitutional duty to certify the 2020 Presidential election.

  Those testifying on Tuesday --- each of them tearfully --- included Capitol Police Sergeant Aquilino Gonnell, a naturalized citizen from the Dominican Republican and Iraq War combat veteran who believed he was going to die defending his country that day; D.C. Metro Police Officer Michael Fanone, who was dragged down the stairs of the Capitol, beaten by the Trump-incited MGA mob, repeatedly electrocuted with his own taser and feared he'd be killed with his own gun, as he suffered both a heart attack and a concussion that day; Metro Police Officer Daniel Hodges, famously seen screaming in pain as he was pinned between a door and the surging mob who he describes as "terrorists" after fearing he would be "lynched" and having his eye nearly gouged out; And Capitol Police Officer Harry Dunn, an African American who describes repeatedly facing "a torrent of racial epithets", being called the N-word by the angry seditionists for what he says was the first time in his life while in uniform as an officer.

• Finally, after Desi and I let off a bit of steam from a somewhat grim and/or harrowing program, it's our latest Green News Report which, unfortunately today, is no less grim. Still, we hope today's is a useful, educational and even occasionally entertaining BradCasr nonetheless...

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

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

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

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

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

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

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

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

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

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On today's BradCast: A very lively conversation with one of our favorite guests...about a very dark moment in our nation's history. [Audio link to full show is posted at bottom of this summary.]

Last week, on the final day of its term this year, the 6 Republican Justices on the GOP's stolen and packed U.S. Supreme Court majority, "turned back the clock on voting rights," according to UC Irvine election law professor Rick Hasen. A week after Justice Samuel Alito opinion for the majority in Brnovich v. DNC was published, Hasen is "angry" that "so much of the public does not realize what a hit American democracy has taken," as the ruling "reopens the door to a United States in which states can put up roadblocks to minority voting and engage in voter suppression with few legal consequences once a state has raised tenuous and unsupported concerns about the risk of voter fraud. It's exactly the opposite of what Congress intended."

We share Hasen's fury today. Not only about the activist Rightwing SCOTUS jurists legislating from the bench to wholly rewrite the intent of Congress, but also about them ignoring the couldn't-be-clearer, simple meaning of the plain text of the 15th Amendment. The entire thing is only two sentences long. The first declares "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." The second states that "The CONGRESS shall have the power to enforce this article by appropriate legislation." [Emphasis added for our six deceitful, dishonest SCOTUS Justices.]

Once again, the Supreme Court has chosen to simply ignore that second sentence in --- yet again --- gutting the Voting Rights Act, the appropriate legislation Congress wrote, and has amended to strengthen several times, in order to enforce the 15th Amendment, as literally directed by the Constitution. And, once again, the Roberts Court has put the lie to the bogus claim by the Right that the Republican appointees are "originalists" or "Constitutional textualists" who believe only in the literal, plain text meaning of Constitution as it was written. That is clearly, and always has been, a bald-faced lie.

We're joined today by the great MARK JOSEPH STERN, legal reporter at Slate, to discuss, at term's end, the outrage of the "mangled" Brnovich opinion, which now allows Arizona and other Republican controlled states to simply ignore the expressed intent of Congress' specific legislation barring voting laws that result in disproportionate disenfranchisement of minority voters and pretends that the Judiciary, not Congress, has the "power to enforce" the Constitution's 15th Amendment.

"You're dead right about the Fifteenth Amendment," Stern tells me. "And I do think it's worth noting that all of the Reconstruction amendments expressly empower Congress to enforce them. Because the framers of these amendments after the Civil War recognized that it was crucial not to just rely on the federal courts to protect rights, that Congress itself needed to play a leading role in the protection of Constitutional rights. And, particularly, the protection of political equality for people of all races."

"The conservative Justices [they're not "conservative", which we discuss as well!] have adopted this position not just of judicial supremacy but judicial arrogance, that the framers of the Reconstruction amendments couldn't possibly have intended to give Congress power to go beyond the Supreme Court's own interpretation of the Constitution.," Stern fumes. "This is a theme that we see from conservative justices over and over again --- where they say 'We're the ones who decide what counts as a right. We're the ones who decide what counts as legal and illegal, and Congress has nothing to say. Congress can only enforce our own rulings. What five of us say on this Supreme Court overrules what everyone says in Congress and the elected democratic branches. That has led to this twisted position where we don't see a lot of litigators actually speaking about the text of the 15th Amendment because the court has said, 'We sit at the top of the hierarchy, we get to decide, and all Congress can do is enforce our positions.'"

Stern also joins Hasen's (and my) anger in seeing SCOTUS blatantly ignore Congress's express intent for Section 2 of the VRA to prevent voting laws that result in the disenfranchisement of minorities. "What Justice Alito has done," Stern tells us, amounts to simply "making up" a new rule that is "totally fabricated" and "nowhere in the text" of either the law or the Constitution, in setting new "guideposts" for the use of the VRA's Section 2. "The law says very explicitly that any voting restrictions that results in disproportionate impact on racial minorities is illegal."

At the same time that the Court allowed Arizona's new voter suppression laws, Stern notes the irony of Chief Justice John Roberts, on the very same day in another "bitterly divided" 6 to 3 opinion (Americans for Prosperity Foundation v. Bonta), blocking the state of California's law that allowed its Attorney General to learn the name of "dark money" donors to non-profit groups in order to enforce state laws and limits. All of which, Stern observes, bodes very darkly for both what is to come in the next term of SCOTUS (major cases on guns, abortion and affirmative action are on the docket) and beyond --- not to mention any laws Democrats in Congress may pass (if they can ever reform the filibuster) to protect voting rights.

"In fact, I have been saying for a long time, unfortunately, that this Supreme Court will strike down large portions, if not all, of the For the People Act and the John Lewis Voting Rights Act," Stern warns. "Next term is winding up to be one of the most catastrophic terms for progressives, for the left, in history --- in the entire history of the country."

With that bright news, we also discuss the disappointment of 82-year old, Democratic-appointed Justice Stephen Breyer failing to announce his retirement last week as many hoped, so he could be replaced by a Democratic White House and Senate, while both still exist. And, yes, there is much more in our conversation today regarding SCOTUS at the end of its first term with three far-right activist jurists packed onto it by Senate Republicans who happily blocked a Democratic appointee to the Court for year, before unilaterally killing the Senate filibuster to seat all three of Trump's appointees.

Also today, remember all of those major corporations who pretended to express outrage after the January 6th insurrection and the passage of voter suppression laws around the country, vowing to halt corporate donations to members of Congress who voted against the certification of Joe Biden's decisive victory over Trump? Yeah, as we warned you months ago, most of them didn't actually mean it. Now we have much more proof...

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

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

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

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

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

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

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

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

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

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

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

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

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

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As usual in this country, we're dealing with the crisis all wrong. Violent domestic extremism --- domestic terrorism --- has become a public-health issue in this country, according to our guest today on The BradCast. If we treat it as such, it may not become the security problem that we're currently treating it as. We're good at law enforcement and security issues in this country. Public-health issues? Not so much. [Audio link to full show is posted below this summary.]

But, first up today, a few breaking news stories of note...

• Several news outlets this afternoon are confirming that Donald Trump's family business could face criminal charges as soon as next week. Not Trump himself --- yet --- or his family members or other employees, but the Trump Organization itself. New York Times was first to report that Manhattan District Attorney Cyrus Vance could file criminal indictments next week against the Trump Organization, based on fringe benefits given to employees, such as expensive apartments, cars and school tuition for employee family members on which taxes were not properly paid. The Trump Org's CFO Allen Weisselberg and possibly his son, who also work for the company, seem to be targeted here. Both Vance and New York Attorney General Letitia James have been investigating whether the disgraced former President committed bank and tax fraud and whether he committed campaign finance felonies with hush-money payments to two different women before the 2016 election. It's believed that prosecutors are hoping that the company's longtime financial chief, Weisselberg, will flip against his boss. These charges are likely part of that effort.

• Also today, U.S. Attorney General Merrick Garland announced the filing of a federal lawsuit against the state of Georgia over it's expansive new voter-suppression law, SB202. Seven non-profit voting and civil rights organizations have filed separate complaints (including one, filed by the Coalition for Good Governance, in which I am a named plaintiff). But the big guns of a federal lawsuit by the DOJ suggest that the Biden Administration is taking seriously the spate of new laws being adopted by GOP-controlled legislatures around the country aimed at making it harder for Americans --- specifically, minorities --- to vote. Comments from Garland and his deputies in the Voting Rights Division today, when announcing the legal action, suggest there may be more such suits against other states coming soon as well.

• Finally, before we get to our guest today, some additional information on a question we posed yesterday, as to whether rising seas due to human-caused climate change may have played a part in the tragic, deadly collapse of a 12-story high-rise condominium in Surfside, Florida near Miami Beach on Thursday. A number of experts have hinted at the possibility over the past 24 hours since our last show. One is a professor at the Florida International University’s Institute of Environment, speaking to CNN, citing the building's subsidence rate (how much it is sinking into the ground) during a study in the 1990s. And NBC News spoke to a number of experts who cited the towns along the sandy, reclaimed wetlands barrier island on which Miami Beach and Surfside stand --- an island which, we now understand, actually migrates and moves along with rising sea levels. One geologist quoted suggests that the necessity of a coastal retreat from barrier islands --- where currently $3 trillion worth of property is now located in the U.S. --- may soon be upon us. "It’s a tough conversation to have, but the building shouldn’t have been there --- along with a lot of other buildings," he says. "We’re due for a real awakening."

Next, it's on to the rise in violent domestic extremism, particularly fostered by White Supremacy in the wake of Donald Trump's presidency and the deadly, Trump-incited attack on the U.S. Capitol on January 6th. After Republicans reneged on a deal with House Democrats to form an independent, bipartisan commission to investigate the 1/6 attack, House Speaker Nancy Pelosi this week announced plans to create a House Select Committee to get to the root cause of what happened and why. During a House hearing this week, the nation's highest ranking military leader, Gen. Mark Milley, Chair of the Joint Chiefs of Staff, offered an impassioned response to criticism of interest in Critical Race Theory among military leadership, and the causes of "white rage", in which he spoke to the importance of learning "what is it that caused thousands of people to assault this building and try to overturn the Constitution of the United States of America."

Our guest today, DR. BRIAN HUGHES of American University's Polarization and Extremism Research and Innovation Lab (PERIL), suggests Pelosi and Milley and "the Biden Administration's proposal for how to tackle domestic terrorism and extremism points in the right direction." Hughes' colleague, Cynthia Miller-Idriss, also of PERIL, recently penned an op-ed at The Atlantic arguing that far-right domestic extremism has now spread into the mainstream, and must be dealt with as more than simply a security and law-enforcement issue. It is no longer a matter of tracking specific organizations, but now a matter of radicalization by individuals "who are influenced by ideas online rather than by plots hatched by group leaders in secret gatherings," Miller-Idriss posits. It is now a public-health issue, she argues, and must be dealt with by a whole-of-society approach.

"We, as a society, are incredibly militarized, we're incredibly securitized, and so the solutions that we reach to, when we have a problem, are almost inevitably securitized or militarized and  contain some element of that securitization," Hughes explains today. "Our approach to extremism and terrorism is no different.  Certainly law enforcement and intelligence have a very important role to play here.  But it can never be more than a band-aid solution. As we see now, there aren't enough band-aids in the world to deal with the violence that this country is facing.  We really have to go deeper to the root causes of these issues."

Hughes cites the Biden Administration's proposal to incorporate the Dept. of Health and Human Services and the Dept. of Education into their initiative to take on violent extremism as "really, really critical. But even more critical is allocating resources to local communities.  The more locally we can distribute the necessary training, the necessary education, and the necessary funding to address radicalization before it even starts, the fewer of those security, and law enforcement, and militarized solutions that we're going to have to come up with in the future."

As we delve into details, we discuss ways that state and local communities must take on the issue as well. (The "seven minutes of reading to improve understanding of how radical ideas spread online," which we discuss as having helped some 750 parents and caregivers in a recent study by PERIL and the Southern Poverty Law Center is posted here.) We also discuss the paradox of how coming to a collective understanding of the effects of systemic racism in the U.S., as well as actions taken by social media companies to help curb the effectiveness of propaganda and far-right radicalism, can also serve to increase the "white rage" that new policies and new ways of facing this as a public-health issue are meant to counteract.

Hughes also shares his experience in working with former extremists and the "deep, deep sense of shame" and "horror" they ultimately experience after they come to terms with having been radicalized. "It just tears families apart. It absolutely ruins relationships as surely as drugs and alcohol do. This isn't just a matter of a person becoming a jerk. This is a question of a person blowing up their own life and the lives of the people around them." All of which is just part of the reason why we must rethink our approach to the problem as one of public-health.

As Hughes concedes, none of this is "going to change overnight," but there are ways that we can start taking action right now, particularly at the local level, where he urges people to get involved with their local school systems on this matter in order to prevent the radicalization long before it begins. "Request this kind of education, request these kinds of materials. Education happens at the local level in the United States, so it's really on all of us to improve things in our local communities."

I hope you'll tune in for this fascinating and insightful conversation...

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

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

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

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

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

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

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

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

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

Enjoy!

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It's NICOLE SANDLER again filling in for Brad and Desi on today's BradCast.

After an update on the latest news, I welcome a regular guest from the last decade, former Congressman DENNIS KUCINICH. He left Congress after 12 years in office back in January of 2013 after Ohio gerrymandered his district out of existence, and became a contributor to Fox (not) News. So I hadn't seen or heard from him in over a decade. Until last week.

That's when he published his book, The Division of Light and Power, which details his infamous fight against City Hall while he was Mayor of Cleveland and refused to sell the city's power company to private interests. It's a story that could easily be a movie and, according to Dennis, there's some interest. But he just wanted to get the book out, as it's been decades in the making.

Oh, and he's running to be Mayor of Cleveland again!...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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While the nation claws its way out of a pandemic and the Republican party continues to crack up --- or carry out its slow-motion attempted coup, take your pick --- a landmark moment occurred for the planet a week or so ago, which has left the fossil fuel industry reeling and describing as "Black Wednesday", even as it's received much less attention than it should have. On today's BradCast we aim to make up for that imbalance a bit. [Audio link to full show is posted below this summary.]

First up today, however, while Donald Trump has reportedly been telling anyone who will listen that he expects to be "reinstated" as President of the United States in August, the rightwing Charlie Cooke at the rightwing National Review confirms that reporting himself, while attempting to offer a dose of reality to his party at the same time. As he explains, even if it's true that Joe Biden and the Democrats and dead Hugo Chavez and Dominion Voting Systems and China actually did hack thousands of voting systems to steal the election from Trump (and, as he notes, they absolutely didn't), there is still no legal or Constitutional mechanism to simply "reinstate" Trump as President. It doesn't work that way in America, and the idea is, as he describes, both "otherworldly and obscene". Anyone who is deluded to the contrary, Cooke correctly explains, is "unmoored from the real world" and "living in a fantasy world" along with the disgraced former President.

But has Trump actually lost touch with reality while living in exile at Mar-A-Lago? Or is there another, more insidious reason entirely that he would want his MAGA Mob to believe he is about to be reinstated to the White House this summer? Yes, in fact, there is such a reason, as we discuss.

Then, it's on to "Black Wednesday". For context, however, we go back to an explosive report from 2018 [PDF] in which the non-profit Center for International Environmental Law (CIEL) detailed a treasure trove of internal documents from Royal Dutch Shell, going back to the 1950s, revealing that the company's scientists were not only aware at the time, but very concerned about the threat of climate change due to the release of CO2 from the burning of their products. In 1962, one of their scientists warned, according to the memos unearthed by CIEL, that "greatly increasing use of the fossil fuels...is seriously contaminating the earth's atmosphere with CO2," leading their Chief Geology Consultant at the time to urge "serious consideration of the maximum utilization of solar energy."

By 1991, the company had even produced a documentary called Climate of Concern, warning of the threat of global warming thanks to the unfettered release of greenhouse gasses into the atmosphere. Just a few years later, however, Shell took a u-turn and joined with Exxon and other major fossil fuel producers to fund the climate change denial industry, while lying to shareholders about the threat of our now-worsening climate emergency and the stranded assets all such companies are likely to face in the years ahead.

That denial, however, may have come to a screeching halt a week ago Wednesday for Royal Dutch Shell, following a court ruling by a Dutch court ordering them to cut emissions by 45 percent and, on the very same day, by shareholder "rebellions" at both Chevron and ExxonMobil. That landmark day, May 26th, which our guest today describes as "sending shockwaves" through the industry, has now come to be known as "Black Wednesday".

We're joined today by CARROLL MUFFET, President and CEO of CIEL, whose report on Shell from three years ago (which he joined us to discuss at the time), helped play a role in last week's court ruling against Shell. Today he explains those "shockwaves" throughout the industry and just how momentous "Black Wednesday" will likely prove to be for Shell, Chevron, Exxon and others, after their very bad day in both the courtroom and the boardroom.

"This last week has been nothing short of extraordinary," Muffett extolls. "It's been a watershed moment for the industry, and a watershed moment for those us who have been working for decades to hold the industry accountable --- not only for its past, but for what its business models mean for the future."

For Chevron that day, shareholders voted to impose long-overdue emissions targets on the company, and Exxon's shareholders elected at least three "activist" candidates to the company's 12-member Board of Directors, displacing the company's preferred directors with climate advocates from a newly formed investment firm. The vote at Exxon was backed by major investors like BlackRock and Vanguard.

Muffett describes the "remarkable convergence" of that day. "Liabilities that we've been warning about for a decade, responsibilities that we've been warning about for a decade, and financial risks that we've been warning about for a decade, are finally no longer fringe. They are mainstream. And now it's investors and courts saying to these companies what we've been saying for a very long time."

He explains how the Dutch court held Shell "responsible for all of the emissions that result from its operations. And that includes not only the emissions that come from Shell pulling the oil out of the ground, but the much greater emissions that come when the oil and gas are sold and burned." He also details how the shareholder votes at both Chevron and Exxon ("the biggest shakeup of them all") was even more stunning in a number of ways, as all three companies will now be forced to make "significant changes" to their business models and what they invest in. In Shell's case, for example, "the court is saying that it is not enough to reduce the emissions associated with producing the oil, you effectively have to produce less oil."

That ruling has sent an unmistakable message, he suggests, to all of the major oil companies, one which they should have heard --- and, arguably did, but ignored and/or lied about --- long ago. "It's important to recognize that, if you look at the major oil and gas companies, they've been under-performing the S&P 500 for a decade," Muffett tells me. "Even before the pandemic began, they were losing money, losing value, they had begun writing off billions of dollars in assets --- phenomena that were accelerated by the pandemic. What's become clear to a growing number of investors is that these business models are putting not only the planet, not only human rights, not only human lives on the line, but they're also putting investors' money on the line. Unfortunately, that's what it took to get investors engaged."

But with both investors and courts now engaged, "Black Wednesday" has become both a "remarkable shockwave" and "a wake-up call" to investors and, hopefully, the world. "I would say that the entire future of these companies will be defined by litigation of one kind or another. How long that future will last, I don't know.  It is unlikely to outlast the litigation," says Muffett...

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Desi and I are back on today's BradCast, after a week of non-stop jackhammers outside of our studio. The construction is still ongoing, but the jackhammers, we are told, are mostly done. So, we're trying to work around the noise as best as possible this week. (Though if a rerun unexpectedly shows up, that will be why!) And, happily, we're back just in time to report on the fights both for and against democracy in the great state of Texas over this past Memorial Day weekend. [Audio link to show is posted below summary.]

To that end, the loudest noises heard across the nation over the weekend, weren't jackhammers, but the march of Democrats, fighting to save democracy in Texas by walking out of the state House of Representatives on Sunday night, leaving behind no quorum to pass the GOP's major anti-voting bill. In a state dominated by Republicans --- in the Governor's mansion and both chambers of the state legislature --- Democrats were successfully able to kill one of the most onerous pieces of voter suppression legislation introduced by any state following the 2020 elections, by running out the clock. At least for now.

In Texas last November, things went very well, with the Secretary of State's office declaring the 2020 elections had been both "smooth and secure". Donald Trump easily won the state by about 630,000 votes, and Republicans held on to their majorities in both houses of the state legislature.

Unfortunately for the GOP, however, voter turnout --- in one of the lowest turnout states in the nation --- actually increased last November, including in Democratic-leaning jurisdictions like Harris County (Houston). Well, Republicans can't have that! They see the writing on the wall! More people voting, means more Democrats winning and more Republicans losing. So, over the weekend, at the very end of this year's legislative session, Republicans in state House and Senate, deliberating in secret, produced a whopper of a voter suppression bill that would make it much more difficult to vote by mail (which is already extraordinarily restricted in the Lone Star State); shorten weekend voting hours, including those used by Souls to the Polls efforts by black churches; make it a jail felony for election officials to send absentee ballot request forms to voters; outlaw drive-thru and 24-hour voting sites (used by some 140,000 last year to vote in Houston, where turnout increased by 10%); outlaw driving more than two non-family members to the polls without permission from the government; and deeply lower the threshold for overturning an election based on fraudulent ballots, even if the ballots in question were not cast for the winner of the initial vote count. All of that, among other new restrictons to make it more difficult to vote in a state that a recent study found was already the most difficult state to vote in.

But, after the wee-hours party-line passage of the 67-page bill, made public just before the final vote in the Senate late on Saturday night of the holiday weekend, the plan for final passage in the House went awry, thanks to a Democratic walk-out that left the chamber without the required two-thirds of its members needed for a quorum to hold a vote. As it happened on the last day for passage in the legislative session, the measure, Senate Bill 7 (obnoxously named the "Election Integrity Protection Act"), died a welcome death --- "welcome" at least to supporters of voting rights and democracy. Governor Greg Abbott (decidedly not such a supporter) was furious, and has threatened to withhold pay to legislators after the bill was killed. He has also declared the measure to be a "must pass" bill in a special emergency session he has vowed to call...at some point in near future.

The heroic Texas Democratic legislators who fought to keep democracy alive for another day in the Lone Star state by using the "last tool in [their] toolbox" to block the measure, subsequently pleaded with Congressional legislators in D.C. to pass the For the People Act and John Lewis Voting Rights Act at the federal level, to help stave off the worst elements of the Texas bills, and others like it, which have already passed by some 14 states, with more on the way.

Those federal measures to protect democracy, rather than undermine it, are unfortunately being blocked first by Republicans in the U.S. Senate, and secondly by West Virginia's Democratic Senator Joe Manchin, the only Dem of 50 in the upper chamber to not yet sign on as co-sponsor of the For the People Act --- a sweeping bill to reform and protect elections and campaigns in all 50 states. That, as both Manchin and Arizona's Sen. Kyrsten Sinema have been unwilling to reform the Senate filibuster in order to pass the critical election safeguards with a simple majority before 2022. Without filibusterer reform, Dems would somehow need to get 10 Senate Republicans on board to overcome a filibuster, an impossibility.

We explain all of this today in a fairly monster rant.

Next, in case it's still unclear what supporters of democracy are now being forced to contend with in these United States, we have a quick review of the weekend's three-day QAnon conspiracy conference in Dallas. Called "For God and Country: Patriot Roundup", the forum included an appearance by Trump attorney Sidney Powell, who called for the failed former President to be "reinstated" with a "new inauguration date" set, due to "abject fraud" and "obtaining a coup of the United States of America" last year. Of course, there is zero evidence of such fraud, despite her many failed lawsuits which falsely argued otherwise before being largely laughed out of court. As to a "coup", well, another featured guest at the Roundup called for exactly that. Literally.

When Trump's former National Security Advisor, Lt. General Michael Flynn (pardoned by Trump after he pleaded guilty to several criminal federal felonies last year), was asked by an audience member why we shouldn't have a military coup like the one under way in Myanmar. Flynn responded: "No reason," in stunning remarks captured on video tape. "I mean, it should happen here," he told the crowd. But, by Monday, after calls for Flynn to be held accountable for calling for the seditious overthrow of the United States, Flynn offered one hell of a walk back, claiming he didn't say at all what he very clearly said...as captured on video tape.

Finally, amidst the darkness of American democracy under assault as we've not seen since the Civil War itself, some good news. Ironically enough, it comes via our latest Green News Report, wherein Desi Doyen gets us caught up on a remarkably bad day for Big Oil last week, when the planet's three largest fossil fuel companies, Exxon, Chevron and Shell, all took big hits in either the boardroom or the courtroom. All of which is very helpful news indeed for our odds of mitigating the deadly climate emergency that all three companies spent so many years exacerbating and lying about. So, along with cheering on the heroic Dems in Texas, there's a bit more to be happy about as we walk out of today's BradCast!...

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Thank God it's Friday! I don't think I could take another day like this one. It's NICOLE SANDLER, guest hosting the BradCast again while Brad and Desi try to dodge the jackhammers making work at their studio impossible. Hopefully the noisy work will be done soon so they can get back in time for the next show!

We begin today's show with the first Senate filibuster of the 117th Congress, and it was a doozy. First of all, the vote was 54-35. In any other civilized country, majority rules, and the motion to open debate on forming an independent, bipartisan commission to investigate the January 6 insurrection at the US Capitol would begin. But in the opposite world that is our reality, the minority wins. Again.

Six Republicans joined every Democrat present in voting to invoke cloture. But with 54 yes votes, that means they're two Democrats short. Two Democrats didn't show up to vote to investigate the attack on our government! The two are Patty Murray of Washington and Kyrsten Sinema, the thorn in the side of good Democrats everywhere. Murray released a lame statement blaming a "personal family matter." I'm biting my tongue because, unless someone is dying, there's no excuse for her missing that vote. As for Sinema, she's a heinous, horrible person who's misrepresented herself to the electorate. In my book, that's fraud, and she should be driven from office. Calls to her office today were unanswered.

But it wouldn't have mattered anyway. There were not 10 Republican votes because there aren't 10 Republicans in the senate with principles. Yes, our Democracy is still horribly broken.

But at least we got Donald Trump out of the White House, so we've got that going for us. But it wasn't easy.

The 2020 election season was the subject of today's interview with EDWARD-ISAAC DOVERE. In addition to being a columnist for The Atlantic, he's the author of the just-released book, Battle For The Soul: Inside the Democrats' Campaigns to Defeat Trump, which, as the title suggests, brings us back to the trauma of the 2020 election season, beginning with election night 2016 as an incredulous Barack Obama watched his nemesis Donald Trump inexplicably become the next President.

I'm very glad the weekend has arrived...

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It's NICOLE SANDLER guest hosting The BradCast for the next few days while they tear up the concrete around Brad & Desi's studio.

After a look at the news and the latest Green News Report, we turned to today's guest, STEPHANIE KELTON . She's an economist, an expert in Modern Monetary Theory and the author of The Deficit Myth: Modern Monetary Theory and the Birth of the Peoples Economy.

While the Republicans keep screaming about the deficit, you must remember they only do that when Democrats are in charge. When a Republican is in the White House and when they also control Congress, they spend like it's going out of style.

Well, Stephanie explains that "every deficit is good for someone." She says: "Don’t run away from the word deficit. In financial terms, the other side of their deficit lies a financial surplus in some other part of the economy. The question is for whom? Who is getting it? And for what? Are we using the deficit to make investments in critical infrastructure and R&D? Fighting climate change, paying for education...doing those sorts of things? Or are we using the deficit simply to deliver a windfall for people in our society who least need the help?”

So the Republican talking points about things being too expensive are just that, talking points...

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