We're catching up with a lot of news on today's BradCast, as climate change ravages the globe and the critical November general election nears. [Audio link to full show follows this summary.]

Among our many stories on another busy program...

• The death toll following Vietnam's climate change-fueled Typhoon Yagi climbs to 200, with more than a hundred still missing following flooding and landslides since the devastating storm blew ashore last weekend.

• Climate change-fueled Hurricane Francine is dumping up to 9 inches of water over parts of Louisiana, leaving hundreds of thousands of customers without power as it moves northward through the state and into the Mississippi Valley.

• In preparation for next year's Electoral College certification on January 6th, the Dept. of Homeland Security has, for the first time, declared that day's joint session of Congress to be a "National Security Special Event", on par with Presidential Inaugurations, U.N. General Assemblies and Super Bowls. The new designation is meant to help avoid another deadly security crisis akin to the Trump-incited insurrection at the U.S. Capitol on the same date in 2021.

• The first new polling taken since Kamala Harris' crushing defeat of Donald Trump at Tuesday's Presidential Debate in Philadelphia finds the Vice President's lead over the disgraced former President growing to 5 points nationally, according to Reuters/Ipsos. The survey offers a number of other interesting findings.

• Less than an hour after Tuesday's debate, superstar Taylor Swift endorsed Harris, encouraging her tens of millions of fans to register to vote. More than 300,000 visited the Vote.gov site she recommended in her endorsement during the 24 hours that followed. And on Wednesday night, at MTV's Video Music Awards, she again encouraged followers that were 18 and over to do so. In advance of Donald Trump's rally in Tucson, Arizona tonight, legendary Rock and Roll Hall of Famer Linda Ronstadt also encouraged her fans to vote for Harris, explaining that she felt a responsibility to do so publicly before the disgraced former President's Thursday evening appearance at a venue named after her, the Linda Ronstadt Music Hall, in her hometown.

• This week, Kansas' Republican Sec. of State Scott Schwab sent a blistering letter to U.S. Postmaster General Louis DeJoy, sharply criticizing the Trump-appointee for the disenfranchisement of about 1,000 Kansans whose August primary ballots were mailed back before the Election Day deadline, but either failed to include a USPS postmark or arrived later than the state's three-day grace period following Election Day. Schwab suggested some ballots mailed back on time are still arriving at county offices weeks later. Schwab's concerns were echoed the following day in what NBC News described as "an unusually frank joint open letter" to DeJoy from the National Association of Secretaries of State (NASS) and National Association of State Election Directors (NASED), excoriating the Postmaster General for failures to address numerous, longterm shortcomings that have alarmed the election officials. The letter reads, in part: "We implore you to take immediate and tangible corrective action to address the ongoing performance issues with USPS election mail service. Failure to do so will risk limiting voter participation and trust in the election process." As vote-by-mail ballots are beginning to go out to voters around the country, this is a good reminder to send them back early, to hand deliver them when possible, or to vote in person on or before Election Day (unless you are forced to vote on touchscreen systems at the polls. In which case, fight like hell to vote via hand-marked paper ballot via absentee or vote-by-mail.)

• Good news for young voters in Tarrant County (Fort Worth), Texas today. After more than four hours of impassioned public comment at the Commissioners Court, a list of 51 early voting sites was approved by a 4 to 1 vote that would keep open a number of sites at colleges campuses, such as UT Arlington and four Tarrant Community Colleges, that Tarrant's Republican County Judge, Tim O’Hare, wanted to shut down in opposition to local election officials. More than 10,000 students voted at the UT Arlington campus --- which has a majority of Hispanic students --- during early voting in the 2020 election. Thanks in no small part to a public outcry by local citizens, O'Hare's effort failed today.

• But potentially bad news for voters elsewhere in Texas this week, thanks to the state's criminally indicted and wildly corrupt Republican Attorney General Ken Paxton. Last week Paxton filed lawsuits against Travis County (Austin) and Bexar County (San Antonio) after County Commissioners in each of the two populous and Democratic-leaning counties hired a non-partisan firm to help reach and register non-registered voters. Paxton also threatened a similar suit against Harris County (Houston), the state's most populous (and Democratic-leaning) if they did the same. Critics are accusing Paxton of intimidation and attempting to suppress the Latino vote in the state ahead of the November election. So far, officials in both Bexar and Travis are sticking to their guns. Last month, TX state officials raided the homes of voting rights advocates, including an 87-year old woman, who volunteer with LULAC, the nation's largest and oldest Latino voting rights group. No charges have been filed in what many are decrying as a blatant attempt at voter suppression and intimidation by the state's hard-right Attorney General.

• Finally, Desi Doyen joins us for our latest Green News Report with coverage of the failure by ABC News to adequately cover climate change during this week's Presidential Debate in Philadelphia, even as heat and fires raged in the West and Hurricane Francine came ashore as a Category 2 in Louisiana...

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From top to bottom, the Federal Judiciary, as evidenced several times this week alone and discussed in detail on today's BradCast, seems to be coming undone. [Audio link to full show follows below this summary.]

But, first up today, a quick review of Tuesday's Primary and Special Election results in Arizona, Florida, Illinois, Kansas, Ohio and California. Both Joe Biden and Donald Trump have already won enough delegates to clinch their respective party's nomination, but there are still a several interesting data points of notes to be gleaned from Tuesday's results.

Among them, Trump is consistently losing a far larger share of Republican votes than Biden is losing on the Democratic side. On Tuesday, for example, Biden's reported margin of victory in the states where he was on the ballot was anywhere from 74 to 88 points, while Trump's margin never cracked even 70 points, ranging from 59 to 67. In short, Biden seems to be far more popular among Democratic primary voters than Trump is among Republicans.

We've got other noteworthy tales of the tape today, along with Senate Primary results out of Ohio, where both Democrats and Donald Trump appear to be very happy that Trump-backed Bernie Moreno will be the GOP's nominee running against three-term progressive Democratic U.S. Senator Sherrod Brown in November. And, in California, Democrats are no doubt happy to see that nobody won more than 50% of the vote in the Special Election to fill the seat left vacant by ousted Republican House Speaker Kevin McCarthy on Tuesday. That means his seat in the closely divided U.S. House, which will almost certainly go to a Republican eventually, will remain empty until at least the Special Election runoff in May.

Also of note today, what the Washington Post is describing as the Biden Administration's "biggest climate move yet". Desi Doyen joins us to explain the EPA's new final rule that is set to increase the speed of the nation's transition to cleaner Electric and Plug-in Hybrid Vehicles; how rightwing media are already lying about the EPA's new rule; and how Republican states and the fossil fuel industry will soon be seeking out friendly judges in the federal judiciary to try and undermine the new rule and its billions of dollars in life-saving new vehicle emissions standards for the American people and the planet.

Then, speaking of friendly rightwing judges, two cases that came before the corrupted U.S. Supreme Court this week --- when, in fact, neither of them should have --- serve to highlight our increasingly brittle judicial system and how it is being gamed by the far-right.

We're joined today by Slate's great legal journalist, MARK JOSEPH STERN to discuss both cases and what they might tell us about a court system, and perhaps a U.S. Supreme Court, nearing a breaking point.

We originally invited Stern for today's show to discuss Monday's absurd case brought by Republican-run states falsely claiming the Biden Administration is somehow violating First Amendment free speech rights by forcing social media companies like Twitter and Facebook to take down posts they don't like regarding COVID, election fraud and more. Of course, the government is not doing that at all. Stern describes the case at Slate --- Murthy v. Missouri (originally Missouri v. Biden) --- as "brain-meltingly dumb", "asinine", and "what happens when a lawless judge and a terrible appeals court embrace the dopiest First Amendment claim you’ve ever heard out of pure spite toward a Democratic president."

The case should never have even made it out of the lowest District Court, but for a Trump-appointed judge who "completely butchered the record and, I think, willfully misrepresented a huge amount of communications between federal officials and social media companies," Stern tells me. "He would pluck individual little clauses from those emails, rearrange them to make it sound like coercion, and then use that to develop what is frankly a conspiracy theory that the federal government strong-armed these companies into silencing their users and censoring speech. It's just not true." (See this article for just some of the gobsmacking examples of ways in which U.S. District Judge Terry Doughty "butchered the record" by falsely representing the evidence record in his ruling.)

Making matters worse, the nation's most extreme appellate court, the 5th U.S. Circuit Court of Appeals, further butchered the record to accomplish what corrupt Supreme Court Justices Thomas, Alito and Gorsuch laughably described when the case came up to SCOTUS as "extensive findings of fact" that "showed the existence of ‘a coordinated campaign’ of unprecedented ‘magnitude orchestrated by federal officials that jeopardized a fundamental aspect of American life.'"

Monday's Oral Argument at SCOTUS, however, pulled the rug out from under pretty much all of that, as the phony allegations met skepticism from even the bulk of the Court's rightwingers. But before we could get to that case today, as previously planned, we had to get through the 5th Circuit Court of Appeals' other recent clown show (which the rightwingers on SCOTUS were happy to play along with last night): their attempt to allow Texas' new law that overturns a century of legal precedent and the U.S. Constitution itself to grant powers to state and local police that override federal immigration law, allowing them to arrest and deport suspected undocumented immigrants.

Stern unpacks the bizarre twists and turns the case has seen over the past 24 hours, and charges that the procedural nonsense from the 5th Circuit and subsequent acquiescence by SCOTUS simply "boggles the mind."

So, what might we learn from all of this --- and all that has come before it --- regarding corrupt Trump-appointed judges, a corrupt 5th Circuit Court of Appeals, a corrupt and increasingly volatile SCOTUS, and the rightwing judge shopping that exploits all of it? We discuss all of that and more with Stern who details "a kind of terrifying intramural war within the judiciary," as some of the courts are pushing back against an attempt by the U.S. Judicial Conference (headed up by Chief Justice Roberts) to rein in judge shopping, and, ultimately, how restoring confidence in the High Court itself may "all come down to what Brett Kavanaugh and Amy Coney Barrett want to do with the courts and want their legacy to be."

"Until they take a harder line here, it's going to remain just as broken as it looks," Stern asserts. "It's going to be even worse behind the scenes, based on what I'm hearing about how these judges' relationships are breaking down over this stuff --- and we're going to have different factions within the judiciary that are fighting for power, not unlike the Kremlin at the height of Soviet-era madness"...

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"Darkness cannot drive out darkness; only light can do that."
-- Rev. Dr. Martin Luther King, Jr.

When our corrupted U.S. Supreme Court, in June, handed down their closing opinions for last year's term, it became clear that we are facing a dark judicial hour in this nation.

Dark for women whose reproductive liberty and very lives have been placed at risk; dark for those who are drowning in seemingly insurmountable student debt; dark for those in the LGBTQ+ community who are seeing their very existence and right to medical care being challenged; dark for young African-American students hoping to acquire a higher education so as to overcome our nation's legacy of systemic racism; dark for the families of the ever-growing number of victims of mass shootings.

Our judicial institutions, for the moment, are still holding when it comes to accountability for the scoundrel who served as our 45th President. But, for too many others, the High Court has wrought a darkness brought on by the corrosive influence of the billionaire class and the "dark money" that billionaires and corporations use to corrupt our political and legal institutions.

That darkness comes courtesy of the Supreme Court's infamous 2010 Citizens United decision. It is a darkness also facilitated by political chicanery resulting in a Republican Party, which lost the popular vote in seven of the last eight Presidential Elections, packing a "corrupt" supermajority of six right-wing ideologues onto the nine-member High Court.

Their dark, radical interpretations of the Rule of Law have done more than simply endanger democracy's survival. By inventing a Second Amendment right of an individual to bear arms unrelated to military service in a State's "well-regulated" militia, the Roberts Court has become "destructive" of the first of the "unalienable Rights" listed in our nation's Declaration of Independence --- the right to "Life"!

Early last month, for example, CBS published a jaw-dropping U.S. statistic, citing "26 mass shootings in the first five days of July."

Yet, it is the dark and oppressive nature of the immensely unpopular decisions handed down by six unelected "radicals in robes", that, ironically, may help to facilitate a new dawn. The bright side of their decisions can be found in an incensed electorate, whose approval of the Court, as presently constituted, has plunged to a dismal 29%.

Democracy, as the late British MP Tony Benn described it, is "more revolutionary than socialist ideas." It is the light that can drive out the darkness.

The very existence of public revulsion towards the dark turn by the Court in recent years, such as overturning abortion rights and much more, make a 2024 Blue Tsunami possible. If the source of the darkness lies in the decisions of a corrupt and radicalized Supreme Court, then Democrats must convey a clear and coherent message that a vote for their candidates will serve to restore the light...including with reform of the Court itself...

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IN TODAY'S RADIO REPORT: Blackouts and deadly storms slam troubled Texas grid, amid early extreme heat wave; Another insurer ditches Florida as hurricane season gets underway; U.S. wind and solar energy hit major new milestone; PLUS: United Nations adopts first-ever treaty to protect marine life on the high seas... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): What you should know about buying a used EV; Brazil seizes world's biggest illegal shark fin consignment; Offshore wind foes in New Jersey gathering force legally and politically; Sweltering heat, power cuts in Northern India as death toll climbs; Biden announces $600 million in climate investments during California trip; US Government toughens rules on chemicals used to break up oil slicks; Power companies spend millions to fight Maine’s proposed non-profit utility; Sharks are at much greater risk of extinction than previously thought... PLUS: Inside the black box of Amazon returns... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Raging Canadian wildfires threaten 'summer of smoke' on both sides of the border; Tens of thousands of dead fish wash up on a Texas beach; PLUS: Montana kids' landmark climate lawsuit gets underway, putting the state on trial for failing to address climate change... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Without climate change, these extreme weather events would not have happened; Spike in ocean heat stuns scientists: Have we breached a climate tipping point?; Oil producers say tech will soon handle climate-wrecking fumes. US envoy Kerry says be skeptical; DOE nuclear docs central to Trump’s indictment; Every stage of plastic production and use is harming human health; Summer intern commutes by plane, because it's cheaper than rent in NYC; Could Mother Nature cut off California’s water guarantee?; How Arizona stands between tribes and their water... PLUS: This all-electric neighborhood may be the future of green living... and much, MUCH more! ...

Ya know, if their ideas were popular, Republicans wouldn't have to work so hard to undermine democracy, would they? An example or three of that on today's BradCast.

Among today's many stories...

• Cowardly Mike Pence's attempt to avoid testifying about Donald Trump's January 6th insurrection to Special Counsel Jack Smith's grand jury is denied by a federal judge.

• Yet another white Republican in Florida is charged with election fraud. Yet again, he was not arrested at gunpoint on camera and hauled to jail like the people of color who Gov. Ron DeSantis ordered rounded up before last year's election, even though they had no idea they had voted unlawfully. The white Republican voter turned himself in to authorities at his own convenience.

• Our corrupt, stolen and packed rightwing U.S. Supreme Court majority has declined to review a ruling by the state Supreme Court in Kansas which found that intentionally discriminating against minority voters was just fine, after state Republicans gerrymandered Kansas City by cutting it into two different Congressional districts in order to dilute the power of black voters.

• In Arkansas, voters have repeatedly made clear through recent rejections of GOP ballot initiatives, that they really really oppose making it more difficult for citizens to put stuff on statewide ballot initiatives and see it adopted by voters. So now, Republicans in the state legislature, giving the finger to voters, have simply passed a new law to make it virtually impossible for Democrats to place measures on the statewide ballot. AR's new democracy-hating Republican Governor, Sarah Huckabee Sanders, happily signed the measure which, on its face, seems to blatantly violate the state's own Constitution. The League of Women Voters of Arkansas and other fans of democracy are now suing to block what the League's President accurately describes as "an attack on direct democracy."

• The 28-year old shooter in Monday's mass shooting --- the 130th of the year so far --- reportedly purchased SEVEN weapons from five local guns shops in Nashville, Tennessee before using at least two of them to kill three 9-year olds and three adults at a private Christian elementary school. All of that while the assailant was said to have been under a doctor's care for an emotional disorder, according to the Nashville police chief. Seven guns, at least two of them semi-automatic assault weapons, and none of it triggered any red flags to authorities. Nonetheless, Republicans in Congress today, according to media reports, still lack the courage to support any new gun safety laws that might make such massacres less likely or more difficult. They are, as Rep. Ted Lieu (D-CA) correctly noted today, "cowards". AND PLEASE NOTE: This is not a problem with "Congress" or "lawmakers in D.C." The problem is Republicans. Period. They do not want to make it more difficult to murder people, while Democrats do. It's as simple as that. If media outlets are unable to call out Republicans, specifically, for fear of sounding "partisan", they are doing a grave disservice to their readers, viewers, listeners and country.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the weekend's massive tornado(s) in Mississippi; more flooding in California's unending storms; ongoing deadly drought in Somalia; U.N. warning of water wars; and a new global record for clean, renewable energy production...

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Today on The BradCast: Naturally. Now they're coming for citizen ballot initiatives too. They really do hate democracy, don't they?

But, first up today... As we await several criminal indictments hopefully headed the way of our failed, twice-impeached former President, an order released by a federal Judge in Florida last night was particularly satisfying.

It came in response to a motion for sanctions by Hillary Clinton, James Comey, Andrew McCabe, Peter Strzok and more than a dozen other defendants in a failed lawsuit filed by Donald Trump and his latest foolish attorney/sucker, Alina Habba, last year. In fact, the first version of Trump's suit was so deficient and devoid of facts or even actual charges, U.S. District Court Judge Donald Middlebrooks was kind enough to allow them to refile it before dismissing the second, longer, but no better version with prejudice.

On Thursday night, Judge Middlebrooks, in a blistering (and I mean blistering) 46-page order [PDF], explained why he was granting the defendants' request for sanctions. He began thusly: "This case should never have been brought. Its inadequacy as a legal claim was evident from the start. No reasonable lawyer would have filed it. Intended for a political purpose, none of the counts of the amended complaint stated a cognizable legal claim. ... Thirty-one individuals and entities were needlessly harmed in order to dishonestly advance a political narrative. A continuing pattern of misuse of the courts by Mr. Trump and his lawyers undermines the rule of law, portrays judges as partisans, and diverts resources from those who have suffered actual legal harm."

And that's just the first two paragraphs! It gets even more brutally scathing from there, before concluding with an order for Trump and Habba to pay nearly $1 million to the defendants for the "completely frivolous bad faith" suit brought for "an improper purpose" amounting to "abusive litigation tactics." Perhaps most fun: the single biggest award of fees for a single defendant went to Clinton, who Trump must now pay almost $172,000!

Then, in more serious news today... Progressive citizen ballot initiatives did exceptionally well in 2022, on everything from abortion rights to the legalization of marijuana to the expansion of health care. Yes, even in so-called "red" states. As it turns out, progressive ideas seem to be wildly popular among voters of all stripes! And there is likely much more to come in 2023 and 2024, on abortion rights, minimum wage, gun safety, independent redistricting commissions and much more.

Therefore, in a number of states where Republicans have locked themselves into power with gerrymandered legislatures, they are moving toward making such statewide exercises in "direct democracy" more difficult to get onto the ballot in the first place, and hoping to make them harder to adopt by raising the threshold for passage, for example, from 50% to 60% where they can get away with it.

We're joined today by CHRIS MELODY FIELDS FIGUEREDO, Executive Director of the Ballot Initiative Strategy Center to discuss both progressive successes on statewide ballot measures around the country in 2022 and what the GOP is now doing to try and prevent those successes from happening again.

"That was a huge moment last year in a trend that I know is going to continue as we look at 2023 and '24, where we really see, in many states, that our elected officials are out of touch with the people," Figueredo tells me. "And in most states where they tried to limit the ability of the people to bring forth issues to their community through the ballot measure process, in most cases those were rejected in the states. So there's a lot of opportunity ahead of us."

But, she cautions, "We are seeing a direct backlash to what is happening across the country, of progressive issues winning when they're put before the voters. We're not seeing those changes, which the people say are urgent and important, through our representatives in government, whether it's at city council, whether it's at the state legislative level, and even in the federal government."

We've got a lot to discuss on all of this, including where the direct democracy ballot initiative process has seemingly been captured by corporate interests (in states like California) and about the dozens of states which still don't even allow citizens to place measures on the statewide ballot at all.

I'm also curious how much of the new blowback against such initiatives Figueredo attributes to the number of them in recent years that have instituted independent redistricting commissions in hopes of breaking gerrymandered strangleholds that the GOP still has on many state legislatures. "You have to connect the dots," Figueredo responds. "I think this is ultimately the question that is before us right now in our democracy. Is it of, for and by the people? And who ultimately has the power to make decisions for all of us? That's what's at stake right now."

"It's ultimately this question about power. You can connect the dots. And if we are looking at the ballot initiative process, or the initiatives in general, as a tool for power in our democracy, then yes, if you are an elected official who does not agree with people who may be your constituents and it doesn't fit your agenda, then your next step would be to undermine or weaken the will of the people."

There is much more in our conversation today, including what the U.S. Supreme Court may soon do to gut all such statewide initiatives regarding elections in their upcoming Moore v. Harper decision. Please tune in!...

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On today's BradCast: With so many referrals of Republican members of Congress to House ethics investigators of late, is it any wonder the GOP and Kevin McCarthy just voted to gut the critical Office of Congressional Ethics (or OCE) as part of their new rules package for taking over the majority in the 118th Congress? [Audio link to full show follows this summary.]

At the end of last year, the bipartisan House Select Committee investigating the Trump-incited insurrection on January 6, 2021, recommended Congressional ethics investigations of then-Minority Leader, now-Speaker McCarthy (R-CA); Rep. Jim Jordan (R-OH), Rep. Scott Perry (R-PA) and Rep. Andy Biggs (R-AZ) for their failure to respond to lawful Congressional subpoenas. More recently, there have been calls for an ethics investigation of New York's newly seated Republican Rep. and pathological liar, George Santos.

Naturally then, as their first order of business when approving the chambers Rules Package last week, which will now be used to govern for the next two years, Republicans moved to all but kill the only investigative ethics body in the House with actual teeth, the OCE.

We're joined today for insight on all of this by longtime Government Affairs lobbyist on ethics, lobbying and campaign finance rules for good government group Public Citizen, CRAIG HOLMAN. He helps us understand the difference between the House Ethics Committee and the totally separate and independent Office of Congressional Ethics, and explains how Republicans have just implemented a "one-two punch to shut down" the latter and any real ethics investigations along with it.

"The ethics process in Congress, in both the House and the Senate, has historically been run by members of Congress themselves," Holman explains. "So we've got this permanent committee called the House Ethics Committee that is run by members of Congress who are very, very reluctant to be critical of their fellow colleagues. They operate in secret. They will do their investigations, sometimes, but we never really know what they found or what they ended up recommending because they operate in secret. The House Ethics Committee is literally designed to sweep ethics matters under the rug, so that the public doesn't know what's going on."

On the other hand, "In 2008, as part of the huge ethics and lobby reform package that we passed in the Honest Leadership and Open Government Act, we created an outside, independent Office of Congressional Ethics," he continues, explaining why the OCE is so critical. To be on its eight-member Board, you can't be a lobbyist or Congressional member. You must be a bona fide outsider. "It's staffed by eight board members --- four Republicans, four Democrats --- and it's done a phenomenal job at opening up the whole ethics process."

"Even though OCE doesn't have any actual enforcement authority, it does an actual investigation and then publishes the results of that investigation. And when it becomes public record, that has compelled the House Ethics Committee to actually do something." Holman observes that, since OCE's creation, actual enforcement actions by the House Ethics Committee has literally quadrupled.

Now, however, new rules adopted last week by House Republicans will force almost every Democratic member of the OCE's Board to step down, any replacements for them must be approved by at least four existing Board Members (which would now be 3 Rs and 1 D). Critically, Dems will have just 30 days find and to appoint those new members, hire staff and have it all approved by the Board. That, he explains, will be virtually impossible. "After that 30-day window, there's no staff. There's no investigators. There's no one able to do the work of OCE. It will effectively shut down OCE."

"It's a very strategic one-two punch to close down the ethics process," Holman argues. So, what does all of this mean for ethics investigations under GOP House rule over the next two years? And is there any way to either reverse the newly adopted rules or re-interpret them somehow in the GOP-majority Rules Committee? We discuss. But Holman describes the outlook as "grim" at this point.

Also on today's show...

• Virginia's Republican Governor Glenn Youngkin has killed a new Ford Motor Co. project to build electric vehicle batteries in his state. The new plant would have brought at least 2,500 new jobs to a rural area of the commonwealth which has been under development for years in hopes of attracting new industry. But the plant was to have been a partnership with a Chinese company. Youngkin, who is believed likely to run for a Presidential nod in 2024, claims the company is a secret front for the "Chinese Communist Party" and poses a threat to the security of Virginians somehow. Meanwhile the new Ford employees will be hired in a different state, and the 3,500-acre megasite in VA remains vacant after 15 years and more than $200 million in public development funding. Desi Doyen suggests that the oil industry's efforts to put the brakes on the EV boom also plays a part in this fiasco.

• Last week, Kansas' Democratic Governor Laura Kelly was sworn in for a second term in the usually "red" state. This time, however, she was joined by longtime immigration opponent, vote suppressor and GOP "voter fraud" fraudster Kris Kobach, who was sworn in as the state's new Attorney General. Kobach's long-sought political comeback --- after losing the Governor's contest to Kelly in 2018 and the GOP nomination for U.S. Senate in 2020 --- comes along with a $30,000 fine from the Federal Election Commission for election law violations during his failed 2020 election when he received unlawful help from a fraudulent private border wall group called "We Build the Wall". After embarrassing the state of KS, Kobach served as Board Member and General Counsel for the group which is, itself, facing fraud charges at both the federal and state level in New York (along with Board Member Steve Bannon). Other than that, of course, and the federal court sanctions he received while serving as SoS --- including orders to attend law school classes at the time --- there's a new sheriff in town in the great state of Kansas. I'm sure it will go very well...

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IN TODAY'S RADIO REPORT: Worst drought on record threatens famine in the Horn of Africa; Europe brokers new green electricity deal with Azerbaijan; Kansas and California grapple with persistent drought; PLUS: Nations sign historic deal to halt loss of nature worldwide... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): World's coal use creeps to new highs in 2022; 3M knew its chemicals were harmful decades ago, but didn’t tell the public, government; EPA enacts tougher pollution rule for trucks, vans and buses; Alaska's Arctic waterways are turning orange, threatening drinking water; New study reveals billions of dollars in political spending by US fossil fuel trade associations; California just slashed rooftop solar incentives. What happens next?; Midwest soil is eroding faster than ever. Modern farming could be to blame... PLUS: Famed L.A. mountain lion P-22 euthanized; cougar had been struck by car.... and much, MUCH more! ...

Nope. The 2022 midterms still aren't fully over. At least not on The BradCast, where we're still following every last vote to the bitter end. But that's not all we have for you today. [Audio link to full show is posted below this summary.]

In fact, we cover all of the "E" stories on today's program, including Elections, Energy and the Economy, if not necessarily in that order...

• As if the good news of cheap, renewable energy like wind and solar wasn't bad enough for them, the Big Fossil Fuel boys already seem to be freaking out about today's news regarding a major breakthrough in nuclear fusion technology and the possibility that it could eventually result in clean, virtually unlimited, carbon-free energy.

• New AAA numbers reveal that Joe Biden has lowered gasoline prices in the U.S. to less than they were before Russia's war on Ukraine! (If it was all his fault the price went up, he gets all the credit when it comes down, right?)

• New numbers from the Labor Department today reveal that Joe Biden has Joe Biden has almost ended inflation in the U.S.! (See above.)

• Colorado has finished their "recount" for the U.S. House seat in the state's 3rd Congressional District between incumbent Republican nut Lauren Boebert and her Democratic challenger Adam Frisch. After computers retallied all of the ballots (rather than hand-counts) Boebert was declared the winner by just 546 votes out of more than 325,000 votes cast, in a district which all forecasters saw as "solid Republican". Happily, because the Republican won in this case, there were no death threats to election officials or armed insurrections in response.

• Boebert's razor thin victory means the GOP will have 222 House seats in the next Congress beginning in January to the Democrats' 213. While they lost just 9 seats in in the lower chamber, and the majority along with them, it was an extraordinary midterm election for a party controlling both chambers of Congress and the White House. In addition to holding all of their Senate seats and even flipping one from Red to Blue (a feat not matched since 1934 for a party that controls the White House), Democrats also won Governors races in red states and flipped state legislative chambers in a way that just doesn't happen in this kind of midterm election. Dems won trifecta control (the Governor's office, plus majorities in the state House and Senate) in four more states this year: Michigan, Minnesota, Maryland and Massachusetts. They also held off GOP supermajorities in states with Dem Governors such as North Carolina and Wisconsin. In fact, taking back the majority in the U.S. House, by the barest of margins, is perhaps the only thing the GOP can feel good about this year. Even there, the average pick up is about 20 or 30 seats in elections like this one. And Republicans may have a difficult time electing a House Speaker in January, depending on how things go in the weeks ahead for GOP House Leader Kevin McCarthy.

• But there are still a number of midterm recounts and legal contests underway in various spots around the nation. Yesterday, we discussed the recount now underway in the Arizona Attorney General race, after the Democratic candidate, Kris Mayes, was certified to have defeated Republican Abe Hamadeh by just 511 votes out of more than 2.5 million cast. Sadly, as in CO, AZ "recounts" with computers instead of by hand. In Massachusetts, meanwhile, they do it correctly (by hand). Thankfully so. Because a hand recount for a state House of Representatives seat, in which the Democrat initially lost to the Republican incumbent by 10 votes, has resulted in her winning the seat by just one. single. vote. The Republican incumbent is, naturally, filing a lawsuit in response.

• And then there's the battle for control of Pennsylvania's House of Representatives, where Democrats appear to have won the majority from Republicans for the first time in more than a decade. They flipped a net total of 12 seats last month to take control of the House by the barest possible margin, 102 to 101. But then the confusion began. One Democrat actually died back in October but won reelection anyway. Two others also won races for higher office (Lt. Gov and U.S. House) and resigned after the 2021-22 session officially ended on November 30. But now, there is a battle, including in court, for who gets to decide when the special elections to fill all three vacant seats takes place, and who will be elected as House Speaker when the new session officially begins on January 3. We try to make sense of the legislative mess in the Keystone State which even a longtime PA journalist we spoke to is having trouble making sense of!

• Finally, Desi Doyen joins us for our latest Green News Report, with news on a massive Keystone Pipeline spill in Kansas; New evidence of Big Oil's big lies about their pretend commitment to tackle climate change; And news on the nuclear fusion breakthrough announced today by U.S. Energy Secretary Jennifer Granholm...

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On today's BradCast: It's no surprise that Fox 'News' deluded itself for months and even years about a "red wave" or "tsunami" coming for the 2022 midterm elections. It shouldn't be a surprise that the theoretically legitimate media got it wrong as well, given that they seem to make the same errors election after election. And yet, it's both surprising and disappointing, given that the data to counter their erroneous narrative was right there in front of their face the whole time...if they simply bothered to, or had the courage to, listen to it. [Audio link to full show follows this summary.]

"There was nothing magical about what I did," our guest today, TOM BONIER of the Democratic data research firm, TargetSmart, explains. "It was, as you say, seeing the numbers and reporting the numbers and, in the end, trying to stay away from predictions or projections, but to say, 'Look, this is what we're seeing'."

Bonier's well-documented Twitter threads on the data over the past many months spelled out what shouldn't have been a surprise to anyone. In the face of extremism from the right and, in particular, the Supreme Court, there was a backlash against Republicans which served to boost Democrats across the board.

Prior to today, Bonier joined us twice in recent months to discuss his analysis of data and what he was seeing and tweeting about to anyone who might have wanted to listen. In late August, after voters in deep red Kansas decisively rejected a ballot initiative that would have rewritten the state constitution to allow abortion to be banned, he joined us to explain what he saw as a "jaw-dropping" spike in new voter registrations for young, Democratic women following the Supreme Court's Dobbs decision in late June, overturning Roe v. Wade. Bonier saw similar spikes in new registrations all over the map, in "red" and "blue" states alike, but particularly where reproductive rights were most threatened.

In late September he joined us again after analyzing specific voter data from that failed Kansas referendum. Hard evidence of an incredible spike in women voters that, he told us at the time, "just doesn't happen in elections." He posited that any suggestion that Democrats would be swamped in November, as the so-called Conventional Wisdom offered by pundits would have it, was simply ignoring the available data. He argued the election would be very close and almost certainly not a "wave" for the GOP.

He was right. Even though, over the past month in the run-up to Election Day, the corporate media were, largely in lock step, warning that Dems were done for, soon to be swamped by a red wave or even tsunami! How much of that erroneous punditry "blunted" the final results, Bonier laments, citing races like Mandela Barnes' in Wisconsin, where the Democratic candidate for U.S. Senate fell just shy of unseating incumbent Republican Ron Johnson by a single point.

"I like to think of myself as an optimist, but it was difficult over the last few weeks and months," he tells me. "In reality, what we do at TargetSmart is we listen to the data. That's all we were doing. Along the way I was looking at the voter registration data, looking at the early vote data, looking at it in the context of the polls and trying to draw some conclusions. But mostly providing context and questioning the hard-set assumptions that were really leading everyone."

We discuss, among other things, the "flood of Republican polling" in the last few weeks of the campaign and how it warped forecasts from poll aggregation sites like FiveThirtyEight, and how his fellow traveler, Simon Rosenberg, who also had it right, was "mocked" when he highlighted how forecasts were being swamped by those bad GOP polls.

By itself, the media failure "doesn't happen. It took some level of complicit behavior from those who should be guards against it," Bonier insists. "People are mocking Fox News at this point. We know it is a very biased Republican media platform. But the bottom line is most of cable and these other outlets had a level of certainty about this outcome in a very similar way. I have to say, as I spoke with reporters in the closing weeks, I would be telling them 'Look, this is going to be a close election. I don't see a Republican wave. I don't see that in the numbers.' And I was just short of mocked by reporters."

But, why? Is it a lack of courage to stray from the pack journalism and group think? Or, as media critic Dan Froomkin argued today, a symptom of systemic "rot" in the political media? Bonier offers his frank thoughts on that and much more as we dig deep in today's discussion. I strongly urge you to tune in for it in full.

Also today, in addition to our own mocking of Fox "News", we've got plenty left over to mock folks like HBO's Bill Maher and Spotify's Joe Rogan and CNN's Fareed Zakaria and NYTimes' Maggie Haberman who all got it wrong as well --- and misled the American electorate in the bargain --- for many of the reasons discussed on today's program. And, we've also got the latest reported results out of still uncalled critical races for U.S. Senate, Governor, Sec. of State and Attorney General in Arizona and Nevada...

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Republicans and corporate media appeared to be shocked on Tuesday night. But it looks like we had it right all along on BradCast regarding this year's midterm elections. And, once again, the corporate media didn't. But, good news for them! As usual, they'll pay no price for being wrong, no matter how many times they ill-serve the nation with their failures. [Audio link to full show follows this summary.]

There was no "red" wave. Conventional wisdom, as we've been advising since early Spring, was to be ignored before this year's midterms in these decidedly UNconventional times. If we could see that data --- sometimes via polling from some of the very same media outlets --- why couldn't the corporate media? Maybe its group think. Maybe its because whatever Republicans tell them they believe to be the truth, or simply report it as such.

In any event, while there was no "red" wave, it is still quite possible that Republicans win majorities in both the U.S. House and the Senate --- if just barely in each case. And while Dems, as we go to air today, have an apparent edge to hold on to their Senate majority, it'll almost certainly require another win in another U.S. Senate runoff in Georgia next month to nail it down. There even remains a long-shot chance that Dems can keep a majority in the House as well, and that, as we explained yesterday, it all may come down to the effect of unusually large downpours on Tuesday's Election Day in both Northern and Southern California.

Either way, for the moment, American democracy, while still on life support, has lived to see another day. For now. In similarly encouraging news, our previous President may even finally face some accountability from his own infuriated party. They were deprived of what should have been a huge and easy win on Tuesday, but for the rightwing loons that Donald Trump helped push into the Party and onto ballots across the nation. Many of them, if not all, lost bigly.

On today's program, we discuss all of the above and, based on what we know as of airtime, run through a ton of critical victories and losses --- including both inspiring surprise wins and several disappointments --- in dozens of states, at both the state and federal level.

As of yesterday's election, anyway, American voters (including many young ones, thankfully!) appear to have held the line for democracy. It is not dead yet. For that, I hope you'll take a minute or two to breathe a small sigh of relief. But not too many minutes. The good fight ain't over yet. Not by a long shot...

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Today on The BradCast: Our cruel climate crisis Summer continues, as we head toward a more hopeful Fall...maybe... [Audio link to full show follows below this summary.]

First up, Hurricane Ian crashed ashore on the southwestern coast of Florida shortly before air time on Wednesday, as a Category 4 storm. It had intensified in record time, falling just shy of a Cat 5, after knocking out power overnight to the entire island of Cuba and its more than 11 million residents. As we went to air, more than a million Florida residents were already without power.

Given Ian's landfall near Fort Myers, it is hoped that a "worst case scenario", had there been a direct hit on Tampa, may have been averted. But that's small comfort right now. It is feared Ian may result in catastrophic damage. Not just from its wind speeds, but from a record storm surge as high as 18 feet and rainfall that the National Hurricane Center warns could be as high as 24 inches in some locations over the next day or two. The storm is now set to crawl up Florida in a north-easterly direction. On its current track, Ian will emerge as a Tropical Storm in the Atlantic after crossing the state and potentially make a second landfall in Georgia and/or the Carolinas toward week's end. Desi Doyen joins us for the latest available details and the potentially devastating climate change-related impacts for the Sunshine State.

Next, new polling finds that while Democrats are still favored to lose their current slim majority in the U.S. House this November, their margin of loss continues to decrease with each passing month. The latest midterm elections forecast from CBS/YouGov suggests Dems would fall short of a House majority by just 6 seats if the elections were held today. But, that's half the size of the margin predicted by the same polling outfit in July.

The U.S. Supreme Court's Dobbs decision to overturn Roe v. Wade's well-established privacy and reproductive rights is, of course, still seen as the primer mover in this and other recent polling. That ruling has also been cited as the reason that Democrats have either won or increased their percentage versus Joe Biden's 2020 numbers in every single special election for the U.S. House since Dobbs. All of that in contrast to so-called Conventional Wisdom earlier this year that Dems were set to face a shellacking in the midterms.

Beyond snap-shot best-guesses from pre-election polling, however, we now have some hard election data to help us better understand the post-Dobbs electorate, as our guest today, TOM BONIER of TargetSmart, a Democratic data analysis firm, joins us to detail today.

Last month, Bonier was here to discuss what he had found at the time to be "jaw dropping" spike in new voter registration numbers following the High Court's controversial late-June ruling on abortion rights. He cited was he described as an unprecedented gender gap favoring new voter registration for woman in dozens of state after Roe was overturned. Moreover, as Bonier reported at the time, the increase in newly registered voters was not only for women, but for young, Democratic women. Nowhere was the spike more striking than in the Republican-leaning state of Kansas. There, in August, voters thoroughly rejected a state Constitutional referendum --- by landslide numbers of 59% to 41% --- which would have allowed GOP lawmakers to institute restrictions on reproductive freedoms and even an outright ban on abortions in the state.

Today, we're joined again by Bonier with new, similarly striking data based on how voters actually voted in that KS referendum, where, he notes, women accounted for 56% of all ballots cast. "Usually women account for maybe 51, maybe 52% of ballots cast in these elections," he tells us today. "Women accounted for 56%! That's a huge difference. That just doesn't happen in elections. I haven't found an election in Kansas where women have accounted for this high of a share of the vote."

Based on the KS data, he estimates that as much as 20% of Republicans there turned out to vote against the measure. "It wasn't that men stayed home. It's just that women surged in turnout so far above and beyond what we've seen in prior elections, that they accounted for such a large share of the votes cast."

His research suggests "we've been underestimating the extent to which this issue has engaged women in this election. Especially younger women." Moreover, he does not believe that this surge is being accounted for in models currently used by most of the major polling outfits.

"One of the biggest difficulties for a pollster is figuring out who is going to vote. Because if you don't have an accurate prediction of turnout, then you can't have an accurate poll," says Bonier. "But, when you have what we call an outlier election like in Kansas, where you just don't have a precedent for it, you're not going to find many pollsters who will do what they feel is going out on a limb by predicting turnout that defies past precedent."

He cites, by way of just one example, a recent poll out of Georgia where just 49% of respondents included in the poll were women, even though "in Georgia, on average, women account for 55% of votes cast. Women account for a larger share of the electorate in Georgia than any other state." Why would this pollster be so off the mark? And what does all of this mean for so much of the polling that many are following closely in advance of midterms just six weeks away? Tune in for his answers. We cover a lot of ground.

Bonier cautions, however: "All the different factors that were in place that would have led to a Republican 'red wave' election --- them being the party out of power, the gerrymandering, the voter suppression, the historical precedent for midterm elections --- none of that has gone away." He emphasizes that we are likely to see "two waves side-by-side." The question is how big each "wave" will ultimately be. Either way, he predicts, one or the other is likely to win by very narrow margins.

"I certainly hope no one is seeing this data and thinking that it means Democrats have it wrapped up and can sit this one out, because that is certainly not the case," Bonier warns.

Finally, as you may recall, last month Donald Trump was reportedly having trouble finding any legitimate attorneys willing to represent him in the DoJ's criminal investigation into the thousands of documents he stole from the White House. He finally found who reportedly cost him $3 million to be paid up front. But now, according to CNN anyway, that attorney, Chris Kise, has already been "sidelined" by the disgraced former President. Who could have predicted it?...

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Today's BradCast starts off with a show-stopper! Everything else thereafter, well, you'll decide for yourself. [Audio link to full show follows below this summary.]

On today's program...

• Since it's, apparently, National Voter Registration Day today (yes, that's a thing), we thought we'd celebrate by starting off with a fantastic new lyric rewrite video from the cast of Broadway's Hamilton. They've updated a song from the show called "The Election of 1800" to a new version called "The Election of 2022" to raise awareness of the importance of voting this year. Their effort is in partnership with Michelle Obama's When We All Vote and Vote Riders. But for help in registering to vote, checking to make sure your registration still exists (and is at the address where you actually live), and for information on the type of ID required to vote where you live, I recommend either the DNC's IWillVote.com app or the federal government's Vote.gov. Both sites allow you to check your registration or register to vote without having to give information to a third party. And, since merely voting is no longer enough, we are officially enlisting you to spread the word to others on all of this! Ask your friends, co-workers, neighbors etc., if they are registered to vote; help them do so, if not; make sure they get to the polls to vote by November 8 this year, etc. etc. Yes, it's that important this year!

• There is a weird beer shortage looming! Why? Lack of carbon dioxide due to contamination at an extinct volcano in Mississippi. Yes, I realize that sounds bizarre --- especially given the deadly over-abundance of CO2 in our atmosphere, causing our deadly climate crisis --- but, well...tune in for the full bizarre explanation.

• On yesterday's program, we detailed some of the apparent federal criminal statutes, such as kidnapping, that Florida Gov. Ron DeSantis seems to have violated when he shipped 48 Venezuelan migrants from San Antonio, Texas to Martha's Vineyard, Massachusetts on behalf of the state of Florida. We noted that requests had been made to the MA Attorney General U.S. Attorney's office in the state to investigate whether laws were violated. But shortly after airtime yesterday, news broke that Bexar County (San Antonio), Texas Sheriff's office has opened a criminal investigation into the matter. Good news!

• As to what actually happened --- versus what DeSantis is claiming --- TPM's Josh Marshall has been trying to do some digging, after first noting that the initial story "Doesn't Add Up". Why did DeSantis hunt down migrants in Texas seeking asylum to entice (with false promises) to go to Massachusetts? Are there no migrants in Florida that could have been similarly abused, since the Florida state legislature has set allocated some $12 million to use to transport migrants out of the state (as opposed to out of the state of Texas)?! Who is this mysterious "Perla" character who has been identified as having recruited the migrants and organized luxury corporate jets to fly theme to MA? And, though the Florida Governor and Presidential hopeful is refusing to offer specifics, what clues can be gleaned about all of this from some of the statements that he has made, referencing a "contractor" or "vendor" who seems to have been hired for all of this, rather than government workers. In other words, what the hell is really going on here?

• Then, in some election law related news today, the House January 6 Select Committee Vice-Chair Liz Cheney (R-WY) and committee member Zoe Lofgren (D-CA) detailed proposed reforms to the Electoral Count Act, over the weekend. The Committee, they explain, hopes to make it more difficult in the future to steal elections via the Electoral College, as Donald Trump attempted to do on January 6, 2021. The new measure, officially introduced by the Committee in the House on Monday, is called the Presidential Election Reform Act. It would clarify the role of the Vice President on January 6 as purely ministerial; increase the number of Representative and Senators required to challenge any state's Electoral College votes; offer legal options to Presidential candidates in the event that a state fails to certify its Electoral Votes (as a number of GOP candidates for Governor and Sec. of State this year have said they would have done in 2020, had they been in office at the time); and prevents state legislatures from changing the rules for determining election results after the election has already started. The House measure is similar to one recently introduced by a bipartisan group in the Senate, and would need to be reconciled with that version if both versions are successfully brought to a vote in each chamber.

• Some good news --- and some troubling news --- for disabled voters. New voting restrictions adopted by Republicans in several different states have made it literally impossible for some disabled voters to vote at all without breaking the law. For example, a Wisconsin law had mandated that nobody other than the voter him or herself could place an absentee ballot in a mailbox. That means that those without use of their arms --- such as voters suffering from advanced multiple sclerosis or who may have been injured --- might not be able to vote absentee at all. A recent federal court victory in WI will at least allow disabled voters in that state to receive assistance when casting their ballot. But several other states, such as Kansas, Iowa, Kentucky and Missouri, still have measures in place that could make it impossible --- and/or illegal --- for some disabled voters to vote at all in 2022 and beyond.

• Finally, Desi Doyen joins us for our latest Green News Report, as three major storms made simultaneous, catastrophic landfall in Puerto Rico, Alaska and Japan over the weekend; a new report finds climate change made Pakistan's recent catastrophic flooding much much worse; better news in Australia where the nation, until recently controlled by climate change deniers, is finally moving to reduce carbon emissions; and, in Louisiana, a court has blocked the construction of a massive, toxic plastics plant in area of the state known as "Cancer Alley"...

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On today's BradCast: Based on the FBI's unsealed warrant for their recent court-approved search at Mar-a-Lago, we now know that our disgraced former President is being criminally investigated by the Dept. of Justice for violation of at least three federal statutes. One of them --- the one which has arguably received the most headlines --- is the Espionage Act. But that very broad federal statute has been wildly misused by the government over the years to target free political speech and, in modern days, both whistleblowers and journalists. Today, we speak with national security whistleblower Edward Snowden's lead ACLU attorney in hopes of better understanding the controversial law, what's wrong with it, how it needs to be amended, and if it is now properly being applied against Donald Trump. [Audio link to full show follows this summary.]

First up, however, as primary elections are underway in New York, Florida and Oklahoma today (noteworthy results and problem reports for voters on our next 'BradCast'), we wanted to close a loop on a story we reported last week. Anti-abortion activists in Kansas had hoped for a statewide hand recount of the ballot measure for a state constitutional amendment that failed so thoroughly during their primary elections earlier this month. The measure, trounced by about 18 points, would have allowed state Republicans to ban abortion rights in Kansas. Activists vaguely claimed there was evidence of fraud and asked for a hand-count of 9 of the state's largest counties after failing to raise enough money to count the whole state. That hand-count was completed over the weekend and very few votes changed at all. The "Yes" campaign netted an additional 63 votes out of more than 556,000 tallied by hand in those counties.

We've got some thoughts on that hand count to share today, including a response to the Kansas Sec. of State who claims the hand-count "proves once and for all that there is no systemic election fraud in our state's election process" (it doesn't) and for Democrats who decry lawful, public hand-counts --- paid for by challengers, even if they are loony ones --- as undermining our election system. They don't. In fact, they add confidence to it. Tune in for more.

Next, on Monday night, the New York Times reported that Donald Trump stole at least 300 documents marked as classified, many of them said to be incredibly sensitive national security documents. (Contrast that with the total of 3 documents found to have been sent to Hillary Clinton via her private email address marked as classified, for which Trump and his supporters railed to "LOCK HER UP!" for so many years.) All told, it took a year and a half to get those stolen documents back, after a year of negotiation and pleading by the National Archives, a grand jury subpoena from the DoJ, a personal visit to Mar-a-Lago by its top counter-espionage official, and, ultimately, the FBI search earlier this month.

Throughout that time, the paper reports, "Trump went through the boxes himself in late 2021," before failing to turn them all in and, even now, it is unknown if all of the stolen documents have yet been returned. Whether marked as classified or not --- and whether Trump declassified them or not (he didn't) --- it was still illegal for Trump to have any of them in his possession.

The federal search warrant revealed that he is being investigated for, among other things, violation of the Espionage Act. Writing last week at Politico, the Knight First Amendment Institute's Jameel Jaffer, formerly of the ACLU, argued that the Act has been abused over the years in its application against whistleblowers and journalists, such as Chelsea Manning (who released classified documents revealing war crimes by the U.S. Military), Reality Winner (who released a classified document revealing Russia's 2016 breach of U.S. voter registration systems) and, more recently, WikiLeak's Julian Assange.

But, Jaffer writes, while the overly-broad law desperately needs to be amended or even scrapped entirely, its use against Trump appears to be perfectly appropriate.

We're joined today by BEN WIZNER of the ACLU's Speech, Privacy, and Technology Project. Wizner serves as the principal legal advisor for Edward Snowden, the national security whistleblower who, charged with Espionage Act crimes, is currently living in Russia to avoid prosecution.

Wizner explains the many problems with the more than 100-year old law as it was originally used --- before being somewhat amended decades later --- to prosecute thousands of Americans for legitimate political speech. "In fact, the abuses of the Espionage Act at the outset really had something to do with the formation of the American Civil Liberties Union in 1920," he tells me. "It was used by Woodrow Wilson's administration to go after pacifists and anti-war activists, labor activists. Eugene Debs was prosecuted and imprisoned under the Espionage Act. So in its early years, it really is associated with all of the excesses of the first Red Scare and the crackdown on dissent, and immigrants and other radicals." (Debs ultimately ran for President from his prison cell, as Trump may now wish to take note.)

"In it's modern history, the core critique of the Espionage Act has been that it doesn't distinguish between selling the country's secrets to a foreign adversary for personal gain and sharing those same secrets with respected journalists in the public interest," Wizner explains. "In the Snowden case, you have somebody who shared information with news organizations. Those news organizations won the highest awards in journalism, a public interest Pulitzer Prize [based on documents from Snowden.]

But the most egregious part of the Espionage Act, as Wizner notes regarding Snowden's case and his exile abroad: "He's not able to argue, if he's brought to court under this law, that he was acting in the public interest, [and] that in fact the law [was] changed as a result of his actions. All of that would be irrelevant and inadmissible under an Espionage Act prosecution."

In other words, Snowden would be disallowed from even offering a defense for what he did. "The first person ever prosecuted under the Espionage Act for leaks to the press in the public interest, rather than trying to provide secrets to a foreign entity was, of course, the Pentagon Papers whistleblower, Daniel Ellsberg, in 1971," Wizner reminds us. (We discussed Snowden's case with Ellsberg on the show back in 2013. Audio and transcript here.)

There is much more to discuss about this bad law and the need to amend it, as several lawmakers from both major parties have long been trying to do. Tune in for that.

As to whether Wizner agrees with his former ACLU colleague, Jaffer, regarding the Espionage Act's correct application against Trump? While he argues "there's no good justification for what Trump did here," Wizner says he is keeping powder dry" regarding Trump's alleged Espionage Act violations. "I am very open to the possibility that when we find out why they cited that statute, I will be a full-throated advocate of what they did in this case. I'm just saying I don't have the information yet to be that full-throated advocate...It matters what those documents were. The fact that they were marked classified is a key fact. I still want to know what was in them."

"I believe Jameel Jaffer is correct that the concerns that the ACLU and other have raised about the Espionage Act are not implicated here," Wizner tells me. "We've been saying you shouldn't equate two different categories --- spies and whistleblowers. What we have here is a third category."

Finally, after some breaking news on President Biden reportedly deciding to forgive up to $10,000 in student loans for some federal borrowers, and Desi Doyen's explanation of how Democrats may have quietly and ingeniously outsmarted both Republicans and their stolen U.S. Supreme Court majority by declaring carbon dioxide and other greenhouse gasses to be "pollutants" in their recently passed Inflation Reduction Act, she joins us for our latest Green News Report, as the summer of extreme extreme weather continues...

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