Today on The BradCast: The cover-ups (plural) continue! It's good to be king. Amirite, Donald? [Audio link to full show follows this summary.]

Among our lively coverage today...

• After a week of climate change-fueled downpours in Southern California, it looks like it's the East Coast's turn, as a record climate-fueled blizzard all but shuts down the Northeast with as much as three feet of snow in some places. All of that, just over a week after Donald Trump gutted some 20 years of EPA rules meant to slow or mitigate our worsening climate crisis by regulating the release of man-made greenhouse gases that are heating the planet. But Trump says, "don't worry about it!", the public will now have more money to spend on health care in the bargain!

• Trump's FCC Chair Brendan Carr offers some tips on how broadcasters may avoid scrutiny by issuing a "pledge" to support this Administration's celebration of the 250th Anniversary of the Declaration of Independence this Summer. We take his suggestion to play more Schoolhouse Rock! In today's case, the classic 1973 episode about the nation's founding, called "No More Kings!"

• In the federal courts, corrupt Trump-appointed U.S. District Judge Aileen Cannon ruled on Monday in Florida that the tax-payer funded report by Special Counsel Jack Smith --- detailing the tax-payer funded probe of Donald Trump's theft of thousands of national security documents upon leaving office after his first term, resulting in his federal criminal indictment on the matter --- is barred from ever being released to the public. Not even by future Administrations, if her absurd, ahistorical ruling were to be upheld. Smith himself remains barred from ever discussing it in the bargain. Stick a pin in all of that for a moment, because...

• Across the pond, just days after the arrest of the former Prince Andrew, related to revelations about his relationship with pedophile and Trump's longtime best friend Jeffrey Epstein, yet another high-ranking official was arrested on Monday. Former UK Ambassador to the U.S., Peter Mandelson is facing potential indictment on similar charges to the former Prince. All of it revealed by emails and other documents released by the U.S. Department of Justice under the mandates of the Epstein Files Transparency Act.

• Meanwhile, back here, as we discussed on last Thursday's BradCast in somewhat salacious detail, investigative journalist Roger Sollenberger has uncovered evidence revealing that the DOJ has unlawfully failed to release records regarding as many as four FBI interviews with a woman who alleges that she was raped, physically abused, and threatened by Donald Trump when she was just 13-years old. Sollenberger has also noticed some curious oddities regarding the timing of the discovery of certain Epstein-related documents by the DOJ and the return to Trump of the documents he stole at the end of his first term. (Yes, after Jack Smith was forced to drop his indictments against Trump when he was elected again, the DOJ returned those stolen documents to him shortly after he was sworn in a second time!)

  Is it possible that documents related to these allegations of Trump having raped and assaulted a minor were among those stolen by Trump? Might that explain why Trump was seemingly willing to face jail time to protect those documents, rather than simply return them to the Government after being politely asked repeatedly and warned many times of the consequences of not doing so? And if, in fact, he was hoarding some Epstein-related documents in his Mar-a-Lago mansion to keep them from seeing the light of day, is it possible that Jack Smith, after obtaining those documents via search warrant at Mar-a-Lago, knows all about it, but is now permanently barred by the Trump-appointed lackey Judge Cannon from ever talking about it? And is all of that revealed in the final report of his investigation that Cannon has absurdly blocked from ever being released to the public?

• Tune in for much more, plus callers ringing in today on all of the above!...

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Hey! Another busy day on The BradCast! What are the odds? [Audio link to full show follows this summary.]

No, you're not hallucinating. Former Special Counsel Jack Smith did testify previously before the U.S. House Judiciary Committee. It was back in December last year. But it was a closed-door hearing with mostly Committee attorneys on the Republican side doing the questioning on behalf of the Committee's Republican members. Smith had wanted to testify publicly last year, as all previous Special Counsels have done following Presidential probes. Republicans were so proud of that hearing that they waited until New Years Eve to release its transcript and audio, so as few Americans as possible would see it.

Today in D.C., in the same Committee, Smith was finally allowed to testify publicly. The man who secured two different federal, criminal indictments of Donald Trump --- one for his alleged crimes related to trying to steal the 2020 election, the other for stealing thousands of pages of classified national security documents upon leaving office the first time --- has nothing to hide. [Full video now here.]

As Smith told the Committee today during his opening remarks: “If asked whether to prosecute a former President based on the same facts today, I would do so regardless of whether that president was a Republican or a Democrat. No one --- no one --- should be above the law in this country. And the law required that he be held to account, so that is what I did. To have done otherwise on the facts of these cases would have been to shirk my duties as a prosecutor and as a public servant, of which I had no intention of doing."

The veteran, three-decade long Dept. of Justice prosecutor testified for about five hours today, and Republicans weren't able to lay much of a glove on any aspect of his election probe. Not that they didn't try, of course. (Smith was unable to speak about the stolen documents case beyond what has already been made public about it, as sycophantic Trump-appointed federal Judge Aileen Cannon still has his report on that matter under seal.) For his part, Trump was so bothered by it that he took to his failing social media cite to again call Smith "deranged", while instructing his Attorney General to bring charges against Smith.

Republicans focused many of their attempted attacks against Smith on false claims that he "spied" on the phone calls of GOP members of Congress in the days before and after Trump's January 6th, 2021 attack on the U.S. Capitol. Neither Smith nor his team "spied" on anyone. They did, however, receive judicial warrants to obtain toll records for the phones of several members who Trump contacted while the Capitol was under violent siege, when the sore loser President hoped to delay Congressional confirmation of Joe Biden's 2020 victory, as he falsely claimed the election had been stolen from him. The toll records do not include information on the content of phone calls. They only detail numbers dialed or received, the date and time, how long they talked.

Several Republicans also took the old First Amendment "free speech" defense out for a spin today. It didn't work much better at denting the case against Trump. As Smith explained once again, Trump is welcome to lie about a stolen election all he likes. But when those lies are used in furtherance of a crime, it's a different matter.

You can lie to your friends that you are worth $10 million dollars, if you want, explains our guest today, former lifelong Republican and attorney KEITH BARBER. But you can't offer that same lie on your mortgage application. That becomes criminal fraud, not free speech.

Barber, who now contributes to the progressive Daily Kos website, joins us for analysis, with both legal and political insight on Smith's testimony, and how --- or if --- today's public hearing might move the political needle one way or another for those in his former party.

After observing that there was next to no coverage of today's historic hearing on the front page of the Fox "News" website this afternoon, Barber argues: "The opinions of MAGAs on this are intractable. It's a cult. There's nothing you can do about it. Everybody else is more open-minded and I think has already decided Trump is out to lunch on this. I don't think that these hearings are going to move the needle all that much."

Barber is with us for much of the hour today for both analysis of the Smith hearing and for legal insight on an extraordinarily disturbing story broken late last night by the Associate Press. The outlet reported on a secret memo instructing federal ICE agents --- in contradiction of the Constitution, decades of Supreme Court precedent and written training materials for new officers --- that they may enter a private home without a judicial warrant signed by a judge. Only an administrative warrant, issued by ICE itself, is needed, according to the memo revealed by two agency whistleblowers.

Similarly disturbing: though the memo, signed last May be the acting Director of ICE, is addressed to "all ICE personnel", it has only been distributed to "select DHS officials" who have then shared it with some employees "who were told to read it and return it," according to AP. The memo offers no detail on how this new legal determination was made nor any explanation for basis of reversing decades of longstanding guidance.

Barber published his own report on the troubling news earlier today at Daily Kos, in a piece headlined "Secret ICE Memo Trains Agents To Conduct Unconstitutional Home Invasions". He tells me that the secret change in guidance has resulted in more violence, as people are dragged out of their homes, believing the old rules, that a warrant signed by a judge is needed to enter a home. Then, their doors are smashed in and they are dragged out.

"It's really concerning because it is increasing the level of violence associated with these things, and because of the secrecy involved in it. And it's also just wrong under the law," says Barber. "That is not what the Supreme Court in multiple cases and certainly a host of lower courts have ruled the Fourth Amendment allows."

Finally, we close out another absurdly busy day with Desi Doyen and our latest Green News Report, as the Arctic's climate change-disrupted polar vortex returns to freeze much of the U.S. this week, and as our dumb President offers astoundingly stupid new lies about wind energy...

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It's five years to the day since January 6, 2021, when the then President of the United States got away with one of the most audacious crimes ever attempted in the U.S.: a failed attempt to have his own supporters violently overthrow the U.S. Government in order to help steal a Presidential election. Today on The BradCast, we hear from the federal prosecutor who tried --- and almost succeeded --- in holding him to account for those crimes and others. [Audio link to full show follows below.]

Donald Trump really didn't want you to hear about those crimes. Especially from the guy who meticulously investigated them before obtaining two federal grand jury criminal indictments against the disgraced, then-former President for both the attempted election theft and his theft of thousands of pages of highly classified national security documents upon leaving office, and for his obstruction of the investigations into both matters.

It was likely no coincidence that Trump invaded Venezuela just hours after his lackeys and co-conspirators in the U.S. House, on New Years Eve, released video of more-than-eight-hours of closed-door testimony, in hopes it would stay buried there. We attempt to unbury it a bit today.

BUT FIRST UP... a few choice, incisive and amusing takes on Trump's wildly unlawful invasion of Venezuela and kidnapping of its leader, from comedian Jamie Kaler and the hilariously satirical Rep. Jack Kimble (R-CA) social media account.

Also today, news on Tuesday's sudden passing of 65-year old Rep. Doug LaMalfa, an actual Republican Congressman, for seven terms, from California and a major Trump supporter. His surprise death, along with yesterday's resignation of Marjorie Taylor Greene (R-GA) and the hospitalization of another Republican Congressman, Indiana's Jim Baird, following a recent traffic accident, renders Speaker Mike Johnson's caucus perilously close to losing their House majority as another deadline for a government shutdown looms on January 30.

THEN... It's on to the December 17, 2025 closed-door testimony of Special Counsel Jack Smith before the GOP-controlled U.S. House Judiciary Committee which, no doubt, regrets the fact they had to take his testimony in order to convince Trump they were actually investigating the now-second term President's absurd claims that Joe Biden's Dept. of Justice was weaponized to prevent Trump from running for President again.

Though Smith requested public testimony in the House, as per tradition for special prosecutors following a Presidential probe --- and, in this case, two historic criminal indictments --- Republicans balked. They forced the closed-door testimony before attempting to hide the 255-page transcript and more than eight hours of video-taped testimony from Smith over a holiday.

With the aid of coverage and insight from former senior federal prosecutor Randall Eliason, independent journalists Marcy Wheeler and Parker Malloy, and a bit from the New York Times, we share audio from some of the notable testimony and revelations from the three-decade veteran DOJ prosecutor who Republican interrogators on the Committee failed to lay a glove on. But, how could they? You'll have trouble finding a more by-the-book prosecutor than Smith.

In audio clips from the hearing that we share today, Smith speaks to...

• The lack of "weaponization" of the DOJ under Joe Biden, and the actual weaponization and death blows that the new Trump Administration is now reigning down on it over the past year since returning to office.
• His "proof beyond a reasonable doubt" that Trump committed --- and would have been convicted of --- both the crimes related to January 6 and the classified documents case, had Smith not been forced to dismiss both cases after Trump's reelection.
• How the witnesses he would have presented at trial on the attempted theft of the 2020 election were all Republican allies of Trump.
• How Trump "exploited" violence on January 6th.
• How it was Trump himself who "chose" which Senators' phone call toll records would be probed in the investigation, and how none of those members were "spied" on, as now falsely claimed by Trump and Congressional Republicans. (Toll records detail only what number was called, when, and how long the call lasted. As Eliason explains, it would have been prosecutorial malpractice to not subpoena those records. Smith's investigation never "wire-tapped" any member of Congress, as recently and falsely claimed by Trump and his fellow GOP scam artists.)
• How Trump was entitled, under the First Amendment, to lie about a "stolen" election. But that he was not legally allowed to use those lies in furtherance of inducing his followers to commit crimes, such as storming the Capitol to obstruct the certification of Biden's victory or attempting to kill the Vice President.

FINALLY... Desi Doyen joins us for our first Green News Report of the new year, with a collection of "while we were out" headlines to get us caught up for the new year following the warmest Christmas in recorded U.S. history...

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Well, he did vow retribution against his "enemies". Today on The BradCast, we cover, among other things, Donald Trump's unlawful "Friday Night Massacre" of independent Inspectors General at Executive Branch agencies, his "Monday Massacre" of dozens of prosecutors this afternoon at the Dept. of Justice, and as much of note that happened in between that we find time for, along with speaking to callers on the back end. [Audio link to full show follows this summary.]

Among the many stories covered today...

• Trump calls for ethnic cleansing in the Middle East, telling reporters on Air Force One over the weekend that he would favor "cleaning out" Gaza by sending Palestinians from there to other Middle Eastern countries. All the better to build sea side golf resorts in the strip of land that was previously home to more than two million.

• In case you didn't notice last week (I wouldn't blame you) Trump, with a stroke of his Executive Order pen, ended anti-discrimination programs across pretty much the entirety of the federal government, as originally (and successfully) instituted via Executive Order by Lyndon B. Johnson back in the Civil Rights era. Calling it "a reversal of 60 years of progress" and "a blatant step backwards," Rep. Hank Johnson (D-GA) said in a statement, charging Trump's order "gives federal government officials and complicit federal contractors a green light to engage in discriminatory practices that exclude minorities and women from employment and contracting opportunities."

• The laughably unqualified Fox "News" weekend co-host, accused sexual assaulter and public drunkard Pete Hegseth was confirmed as Sec. of Defense by Senate Republicans late on Friday night. All Dems voted against, and there were only 3 Republican defectors (Murkowsky, Collins and McConnell). That resulted in a tie vote which broken in Hegseth's favor by Vice President J.D. Vance. It was only the second time in U.S. history that a Presidential cabinet member faced a tie vote. (The first was Betsy DeVos' nomination for Education Secretary during the first Trump Administration.)

• South Dakota Governor, puppy killer, and ridiculous liar Kristi Noem was confirmed by the U.S. Senate as Sec. of Homeland Security over the weekend. As DHS chief, she will oversee U.S. Customs and Border Protection (CBP); the Federal Emergency Management Agency (FEMA); the Transportation Security Administration (TSA); U.S. Immigration and Customs Enforcement (ICE); the United States Secret Service (USSS); the U.S. Coast Guard (USCG); and the Cybersecurity and Infrastructure Security Agency (CISA), among others. I'm sure it will go well. All Republicans voted for her. Six Democrats (Fetterman, Kaine, Kim, Peters, Slotkin and Shaheen) shamefully voted in support of this corrupt, inexperienced Trump stooge.

• On Friday night, news broke that Trump had fired about 17 independent Inspectors General at agencies across the federal government in violation of the law (U.S. Code, Title 5, Section 403(b)) mandating that, while Presidents can fire Inspectors General, they must notify Congress in writing 30 days in advance before doing so, along with "substantive rationale, including detailed and case-specific reasons" for such removals. But, of course, who is going to enforce the law against the lawless Trump?

• Speaking of which, on Monday, just before airtime, news broke that Trump's interim apparatchiks heading up the Dept. of Justice were sending out firing notices to more than a dozen prosecutors who worked with Special Counsel Jack Smith and those who prosecuted hundreds of January 6 cases.

We've got a whole bunch of related news and background in between and amongst all of those stories, before callers weigh in today on all of the above and more...

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

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

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

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

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

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

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

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

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

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

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

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

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Will he ever face any punishment for his many crimes? That is among the many issues covered on today's BradCast. [Audio link to full show follows this summary.]

FIRST UP... The fight over Donald Trump's absurd selection of alleged statutory rapist Matt Gaetz as the next U.S. Attorney General continued in Congress today, as Republicans on the House Ethics Committee appeared to block the release of the report from a years-long investigation into the former Florida Reps' well-documented record of alleged sex trafficking of minors, paying some $10,000 for sex, and illicit drug use, among other (previously) disqualifying issues for someone tapped to head the Dept. of Justice as the nation's top law enforcement official.

THEN... The clown show of other Trump appointments to key government posts has continued over the past 24 hours with the selection of pro-wrestling's WWE co-founder Linda McMahon to head the Dept. of Education (which Trump has previously vowed to shut down) and TV doctor/snake-oil salesman Dr. Mehmet Oz to head up the Centers for Medicare and Medicaid.

But one of Trump's picks this past week has received much less attention than it deserves. Brendan Carr, author of the chapter on the FCC in Heritage Foundation's Project 2025 [PDF], was selected over the weekend to become Chair of the Federal Communications Commission, even though Trump pretended during the campaign that he wanted nothing to do with Project 2025 and the people who created it. Carr quickly took to his friend Elon Musk's Twitter/X after his nomination on Sunday to declare a war on "censorship" by Big Tech companies, before subsequently appearing on Fox "News" to suggest the FCC must review broadcast licenses granted to news outlets like CBS. During the campaign, Trump called for the censorship or complete shutdown of almost all broadcast and cable news outlets that are not rightwing propagandists.

It must also be noted that Project 2025 specifically calls (see p. 279) for reviewing the broadcast licenses to Pacifica Radio Network, which has dozens of affiliate stations across the country that air The BradCast every day, including KPFK, our flagship station here in Los Angeles.

NEXT... The New York state justice system is in completely uncharted waters at the moment, with the election of Donald Trump following his conviction earlier this year on 34 felony counts of fraud related to his hush money payment to adult film actress Stormy Daniels before the 2016 election. Sentencing in the case had been scheduled for November 26. But this week, prosecutors from the office of Manhattan District Attorney Alvin Bragg informed Justice Juan Merchan they were willing to pause sentencing to litigate Trump's assertions that, following his election this month and the U.S. Supreme Court's absurd "Presidential Immunity" ruling over the Summer, he can never be sentenced at all and the case must be dismissed in full. NY prosecutors, however, disagree and argue he should still be sentenced even if, in a worst case scenario, it must wait until after Trump is out of office.

We're joined today to help us make sense of this mess by George Washington University law school professor RANDALL D. ELIASON, who previously served as chief of the U.S. Justice Dept.'s Fraud and Public Corruption section in D.C.. Over the weekend, Eliason argued in an article at The Atlantic that New York must proceed with sentencing of Trump before he is sworn in to office next January.

"At this point," he tells me today, "it's almost less important what the actual sentence is. But I think it's important for the justice system to see that this case gets concluded, and doesn't just kind of dangle out there for the next four years. The case has already been tried and we already have a jury verdict. And it could be sentenced before he even takes office. That's not going to 'chill' him from doing anything as President, because it's over, and it's not going to take any of his time because appeals are handled by the lawyers."

While conceding "we don't have any precedent for any of this" and that a prison sentence certainly can't happen while he's in office, Eliason argues that it's "important now that A sentencing happens," even if it "can't be that meaningful or consequential. But I think it should take place just as a matter of the justice system completing this prosecution, honoring the jury's verdict, and having an official judgment of conviction entered on the record that he is, in fact, a convicted felon. Then the appeals can proceed in the normal course."

In addition to much more on that, we also discuss...

• The "extremely concerning" appointment of Matt Gaetz as U.S. Attorney General, who, the longtime DoJ veteran Eliason describes as "completely unqualified for the job" with "his only connection to the Justice Department, as far as I can tell, as the subject of a criminal investigation";
• The likelihood of Trump using recess appointments to push many of them through without Constitutionally-mandated Senate oversight. "How much Trump can get away with is going to come down to whether Senate Republicans have any backbone at all, and are willing to stand up for their Constitutional role for advice and consent." (Uh, oh);
• Whether the sprawling racketeering conspiracy case against Trump can continue in Georgia against his 18 indicted co-conspirators even if the ringleader of the attempt to steal the 2020 election in the Peach State is now either let off the hook entirely or is allowed to defer the trial until after he is out of office;
• How Eliason would like to see Special Counsel Jack Smith end the two federal indictments against Trump for his attempt to steal the 2020 election and his theft of hundreds of pages of highly classified national security documents the last time he left office in 2021;
• And whether Trump will still have to pay his civil penalties no matter what happens, including the $355 million fraud verdict against him in New York State and the $83 million jury award in the sexual assault case against him won by writer E. Jean Carroll...

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It's going to get much darker and more ridiculous, before it begins to get better. But it is not "The End", despite a suggestion of same here and there throughout today's BradCast. [Audio link to full show follows this summary.]

Among our coverage today...

U.S. House race updates from California where, this week so far, one seat has flipped from "red" to "blue", another that had been expected to turn "red" will likely stay in Dems hands (the seat formerly held by Democratic Rep. Katie Porter), and another longtime "red" seat (since 1980!) appears on the verge of flipping to Democrats. Even so, as of airtime, Republicans are now just one seat away from narrowly winning majority control of the lower chamber of Congress.

Donald Trump lost his first political battle with his upcoming Republican U.S. Senate Majority on Wednesday morning, as South Dakota Sen. John Thune, a Mitch McConnell deputy, was selected by the Caucus as its new Majority Leader. MAGA enemy McConnell is set to retire and Florida Sen. Rick Scott, loudly lobbied for by MAGA, was defeated in the contest to replace him.

Another wave of stooges, corporatists and/or unqualified buffoons were named for key Trump Admin roles since yesterday's program. And the latest wave includes some real humdingers!...

• 'The Ultimate Corruption': Richest-man-in-the-world and major government contractor Elon Musk and failed GOP Presidential nominee Vivek Ramaswamy were named to head up the "Dept. of Government Efficiency" (DOGE! Get it?), even though, as AP notes there is no such government agency.
• 'Who the f--k is this guy?’: Trump's nomination of Fox "News" weekend host and former National Guard major Pete Hegseth's nomination for Defense Secretary --- to oversee an $800 billion annual budget and nearly three million troops and civilian employees --- stuns the military world.
• A Gift for Vlad: With no experience at all in the field, jilted Democratic Congresswoman/Presidential nominee turned Republican Putin propagandist and Trump fan Tulsi Gabbard is named to be the next Director of National Intelligence.
• 'Uniquely Awful': Florida Congressman and MAGA insurrection supporter Matt Gaetz, long investigated for the alleged sex trafficking of minors, is named to be Trump's U.S. Attorney General.

Then, we're joined by longtime national security and accountability journalist MARCY WHEELER of Emptywheel, to walk through the post-election status of the four different criminal felony indictments (and 34 convictions) of the incoming President of the United States.

Donald Trump's cases at the federal level --- for stealing national security documents and inciting the January 6, 2021 attack on the U.S. Government as one of several failed attempts to steal the 2020 election --- will now, most likely, just go away. Though Special Counsel Jack Smith is reportedly putting together final reports in those cases for potential release in advance of Trump taking office.

"The cases are going to end, but I suspect Jack Smith was already thinking about what he would do if Trump won, and the way in which to leave the best record available," Wheeler tells me, suggesting that he may do it soon enough that there could be public hearings on those indictments in the U.S. Senate, while Dems are still in majority control.

The two cases at the state level --- in New York, where he was convicted on 34 felony counts of fraud related to hush-money payments to help him win the 2016 election, and in Georgia, for trying to steal the 2020 election --- are a bit more complicated. It's less clear what will happen next in both cases, as sentencing is currently pending in NY and appeals are continue in GA where Trump's 18 co-conspirators, including his disgraced lawyer Rudy Giuliani and former Chief of Staff Mark Meadows, may be tried without him.

We also discuss what happens to Trump's civil verdicts where he was found liable for $355 million for fraud in New York, and for $90 million in the E. Jean Carroll sexual assault case.

Wheeler also discusses the pending fraud charges against Trump buddy Steve Bannon; the outrageous nomination of Matt Gaetz as Attorney General ("All of these Jan 6ers are going to be released, probably including the seditionists."); whether A.G. Merrick Garland could have done anything to bring any case against Trump to a trial, much less a conclusion, before this year's election; and how "the Republican Party, as a whole, has decided that they do not believe in rule of law anymore"...

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We've been telling you for months on The BradCast that it was likely to be a very bumpy road to Election Day ... and likely beyond it, depending on how things go. We are now on that road. Lots of bumps, as predicted, but still plenty of hope to help us all stay positive in the closing days. [Audio link to full show follows this summary.]

Among our occasionally bumpy, occasionally hopeful coverage on today's program...

• We open with some encouraging listener mail from a family of democracy champions, and their recommendation to help you stay engaged and hopeful and helpful above and beyond voting, by checking out the very cool Markers for Democracy, "Saving our democracy, one postcard at a time."

• A U.S. Postal Service mailbox with a number of mailed absentee ballots in it, was set ablaze overnight at a post office in Phoenix, Arizona. Authorities are investigating the likely case of arson in the battleground state, and a USPS spokesperson suggests that, if you use a mailbox for your absentee ballot, try to drop it in "before the last collection time each day." Good advice. Better advice: Deliver that ballot in person to a precinct, voting center or town/county election headquarters, as allowed in your jurisdiction.

• Also in Phoenix, Arizona today, details on charges filed against a 60-year old man suspected of shooting at the windows of a Democratic National Committee field office for Kamala Harris in Tempe, three times times over the past several weeks. Law enforcement officials say the man, now in custody, was found to have more than 120 guns and 250,000 rounds of ammo at his home, and a machine gun in the car he was driving. They say he appeared to be planning "a mass casualty event". No one was injured in the shootings, but the Harris field office was eventually closed. He has been charged with seven counts related to terrorism. He is also accused of hanging hand-made political signs critical of Harris and Democrats, lined with razor blades and a substance labeled as "biohazard" in a Democratic-leaning Phoenix suburb.

• Given the disturbing allegations this week by Donald Trump's longest-serving White House Chief of Staff, retired 4-star U.S. Marine General John Kelly, describing his former boss as a "fascist", a fan of Hitler, and an opponent of the Constitution, rule of law and military vets injured or killed in the line of duty, Kamala Harris is leaning on a strong anti-fascism message in her closing argument, just over a week out from Election Day. We share both her initial response to Kelly's remarks yesterday in D.C., as well as those from a CNN town hall last night where she made no bones about her answer when asked if she believed the disgraced former President was, indeed, a fascist.

• In case you are still unclear about what Donald Trump will do if he is elected again and how he will continue to undermine the rule of law, he said on a radio show this morning that he plans to "fire" Special Counsel Jack Smith "within two seconds" after taking office. "He'll be one of the first things addressed." Never mind that Trump wouldn't actually have the legal authority to do so. Smith, of course, has filed felony charges against Trump in D.C. for his many failed attempts to steal the 2020 election, and in Florida for having stolen thousands of pages of highly classified national security documents upon leaving the White House and refusing to return them to the federal government.

• And, in case you're confused about who Donald Trump is referring to when he vows "retribution" against "the enemies within", it is you. E&E News has a new report out today detailing how Trump, when he was last allowed to be President, withheld FEMA aid following natural disasters in several states --- Washington, California, Georgia, Utah and Maryland --- due to political disagreements he had with their Governors following his election loss in November of 2020.

• Desi Doyen joins us today for our latest Green News Report, tracking record heat, drought and wildfires in the U.S. Northeast; the U.S. Senate races which could determine who wins the majority in the upper chamber this year, and how that is likely to affect action on our climate crisis; and the Biden Administration's race to get climate and infrastructure funding out the door before next year's changing of the guard.

• Finally, since it has been --- and will continue to be --- a bumpy ride between now and Election Day (and, likely beyond), we close today with some hopeful words of encouragement from our current, unflagging Vice President and, perhaps, next President of United States...

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Tick-tock. Time is running out for all of the Trump scams, as detailed on today's BradCast. Unless, of course, he wins on November 5th --- or has more success stealing the Presidential election this year than he did in 2020. [Audio link to full show follows this summary.]

Among the Trump scams, rackets and accountability for having fallen for them on today's program...

• Melania Trump, according to her new book, is virulently in favor of abortion rights. According to her publisher, she also wanted $250,000 to be interviewed by CNN.

• You know about many of Donald Trump's legendarily failed rackets from the old days: Trump University, Trump Steaks, Trump Water, Trump Vodka, Trump Casinos, just to name a few. More recently, during the time he's been running for President again, there's been Trump Sneakers, Trump Bibles, Trump Digital Trading Cards, Trump Coins, Trump Cryptocurrency and, introduced just last Friday, "Swiss-made" Trump Watches. He's selling them for $100,000 a pop! Even though, according to experts, they appear to be Chinese-made crap, if they even exist, and appear just as likely to be an open invitation to foreign influence peddling and money laundering. We explain.

• All of the above enumerated rackets, by the way, are private rackets. Any profits from them do not go to his Presidential Campaign, but straight into Donald Trump's pocket. And so --- according to the new 165-page filing [PDF] by Special Counsel Jack Smith, unsealed by U.S. District Court Judge Tanya Chutkan on Wednesday afternoon --- was Trump's attempt to steal the 2020 election. New evidence in the filing from prosecutors in his 4-count federal indictment in D.C., further details how the disgraced former President and convicted felon was fully aware that he'd lost the election in 2020, but didn't care. He was going to fight to steal it anyway. He also knew he had put Vice President Mike Pence's life in grave danger on January 6th, 2021. His response: "So, what?" And all of that, as prosecutors argue in their brief, was done in Trump's capacity as a private candidate for office. It was not done as part of his official duties as President. Smith's motion is meant to make that case in hopes of preventing the corrupted U.S. Supreme Court from dismissing the case on the basis of their absurd, anti-American, anti-Constitutional, made-up-from-whole-cloth ruling in Trump v. U.S. declaring criminal immunity to sitting Presidents for crimes committed as part of their "official" duties.

• In Colorado today, a state judge unleashed a brutal, if accurate, take-down of disgraced former Mesa County Clerk, Tina Peters during her sentencing hearing. Once a MAGA superstar, she is now a convicted felon on charges related to a criminal scheme to breach voting system software in her own County, based on false claims that fraud software was implanted in them to flip votes from Trump to Biden in 2020. The judge told Peters today: "I am convinced you would do it all over again if you could. You’re as defiant as any defendant this court has ever seen. You are no hero. You abused your position and you’re a charlatan." He called out her continuing claims of evidence-free fraud as "just more lies. No objective person believes them. No, at the end of the day, you cared about the jets, the podcasts and people fawning over you." He then sentenced her to nine years in prison before she was handcuffed and hauled out of the courtroom to immediately begin serving her time. See ya, Tina! May she be the first of many.

• Finally, Desi Doyen joins us for our latest Green News Report, as the deadly disaster in six states continues to unfold in the U.S. Southeast following Hurricane Helene, which at least succeeded in finally helping to bring the issue of climate change to the top of Tuesday's Vice Presidential debate between Democrat Tim Walz and Republican J.D. Vance...

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Attorneys from the watchdog group, Citizens for Responsibility and Ethics in Washington (CREW), including a retired federal judge, have now filed an Amici Curiae Brief [PDF] (friends of the court brief) in the 11th Circuit Court of Appeal in relation to the stolen classified documents case (United States v. Trump).

The case was recently dismissed by U.S. District Court Judge Aileen Cannon, a Donald Trump appointee, who contended that Attorney General Merrick Garland did not have the power to appoint Jack Smith as Special Counsel. In the view of former Acting Solicitor General Neal Katyal, the "devastating" 81-page brief [PDF] Smith filed in conjunction with the government's appeal of that dismissal order, suggests a near certainty that Cannon's dismissal order will be reversed by the appellate court.

While Smith may have been constrained by DOJ policy not to seek Judge Cannon's removal in his motion, CREW isn't so constrained...

On today's BradCast: Boy, if Joe Biden's "weaponization" of the Justice Department against Trump and Republicans keeps going like this, there won't be any Democrats left who haven't been convicted of a crime! Too bad old Joe didn't realize he should have just packed the courts with corrupt judges, like Donald Trump did. [Audio link to full show follows this summary.]

First up today --- after a kick-off by TikTok's @DanasInspired; a few thoughts on Trump's appearance at the RNC on Monday night after the weekend's failed assassination attempt and his naming of Ohio's Sen. J.D. Vance as his running mate --- we start with news about today's conviction, on all counts, of New Jersey's Democratic Sen. Bob Menendez. The three-term U.S. Senator and former chair of the Senate Foreign Relations Committee was found guilty by a jury on Tuesday after a nine-week criminal trial on charges related to abusing his office to protect foreign associates from criminal investigations and to help funnel money to Egyptian officials. In exchange, prosecutors alleged, Menendez and his wife Nadine Menendez collected millions in gifts, cash and gold bars. She was charged as well, though her trial has been postponed for the time being as she undergoes cancer treatment.

Democratic Majority Leader Chuck Schumer and NJ's Democratic Governor Phil Murphy each called for Menendez to resign following the verdict. He had previously vowed to run for re-election as an independent this year, while Democratic Rep. Andy Kim has been nominated by state voters to run for his seat in November against Republican Curtis Bashaw in the Dem-leaning state.

But Menendez' corruption doesn't hold a candle to Donald Trump's, thanks in no small part to the corrupt jurists Trump appointed to lifetime positions on the federal bench while in office, many of whom are now returning the favor at an alarming rate in recent weeks. On Monday, it was U.S. District Judge Aileen Cannon's turn, apparently, to use her position to let Trump off the hook. In this case, dismissing his 40-count federal criminal indictment brought by Special Counsel Jack Smith in South Florida for Trump's theft of thousands of pages of highly classified national security documents upon leaving office; his repeated refusal to return them to the government; and his attempts to hide them from prosecutors and enlist Mar-a-Lago employees to help cover up and/or destroy evidence of the crimes.

In a remarkable 93-page ruling [PDF] issued on Monday, Cannon dismissed the entire federal case against Trump and his co-defendants on the basis that Smith's appointment as Special Counsel was somehow in violation of the Constitution and federal statutes. The argument made by Trump's attorneys and accepted by Cannon --- who had already been slow-walking the case for months --- was similar to those repeatedly rejected for decades by judge after judge, including appellate courts and, as our guest details today, unanimously by the U.S. Supreme Court in Nixon v. U.S. But Cannon, appointed by Trump at the end of his term and seated after he lost the 2020 election, appears to know more about the law than all of those other lesser judges.

We're joined today by former lifelong Republican and attorney KEITH BARBER, who writes on the law and Constitution for Daily Kos as "KeithDB", where he detailed Cannon's ruling yesterday. He explains why both the text of the Constitution and several federal laws written to allow Attorneys General to appoint Special Counsels in cases where it is important to avoid the appearance of a conflict of interest, prove Cannon's ruling wrong. But, as he argues today, being right on the law doesn't actually matter. "She just wanted to dismiss the case because her buddy Trump appointed her [and] gave her that job. It's time to return the favor, and so she has," he says.

Barber published a second article yesterday listing more than half a dozen Special Counsels and Special Prosecutors appointed similarly to Smith, from Archibald Cox and Leon Jaworski in the Watergate matter to Ken Starr during the Clinton Administration to Robert Mueller's probe of Russian interference on Trump's behalf in the 2016 election to the recent probe of President Biden himself by Special Counsel Robert Hur.

"A lot of people have gone to jail as a result of special counsels appointed by the Attorney General" over the years, Barber tells me. "None of them got the benefit of a rogue judge saying, 'Nope, all of that is not valid.' The Republicans and the MAGAs like to talk about this notion of two-tiered justice and how unfair it's been to Trump. No court accepted the notion that Special Counsels weren't authorized by statute and weren't something Attorneys Generals could do until it came to Trump. That is what two-tiered justice looks like."

If Cannon's ruling on Monday is correct, Barber asserts, then as part of the Mueller probe, former Trump attorney Michael Cohen's three-year prison sentence would have been unconstitutional and Trump associate and convicted pedophile George Nader would need to be freed immediately from his ten-year prison sentence, among other cases convictions that would need to immediately be revisited.

Will this ruling hold up to appellate scrutiny by the conservative 11th Circuit Court of Appeal, much less Trump's corrupted, packed, stolen and activist U.S. Supreme Court majority? We discuss that and much more.

Finally today, Desi Doyen joins us for our latest Green News Report, as the misery and power outages continue in Houston, Texas following Hurricane Beryl, thanks in no small part to state Republicans refusal to harden infrastructure for a climate changed world, and as Trump appoints flip-flopping climate science denier J.D. Vance as his Vice-Presidential running mate...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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I should be in bed nursing my illness (whatever it is), rather than doing today's BradCast. But given the firehose of news, some of it huge, that broke after yesterday's guest-hosted show with Nicole and Desi (thank you, guys!) and today, I felt I had to come in for this one. Nasal congestion be damned. [Audio link to full show follows this summary.]

Back in 2018, as Trump-nominated Supreme Court Justice Brett Kavanaugh was lying his way through his Senate Confirmation hearings, he made what sure sounded like a threat at the time. "This confirmation process has become a national disgrace," he whined through angry tears. "And as we all know, in the United States political system of the early 2000s, what goes around comes around."

There has been a boatload of important news over the past 24 hours. But what may have been Kavanaugh's long-promised "comes around" moment may have finally occurred last night. The U.S. Supreme Court came up with at least 4 votes to hear Oral Argument of Donald Trump's ridiculous claim that Presidents enjoy "absolutely immunity" for any and all crimes they may commit while in office --- including ordering Seal Team Six to murder domestic political opponents, as Trump's lawyer's argued in this case at the lower D.C. Court of Appeals.

The federal appellate court, as well as the trial court below it, unanimously rejected the argument. But, rather than taking up the case three months ago, when Special Counsel Jack Smith asked them to, the corrupt SCOTUS waited more than two months before deciding, in a terse, one-page order [PDF], to "expedite" the matter by hearing it...seven weeks from now. The question will be: "Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office." --- Which "official acts" they may be referring to are uncited.

In the bargain, Trump's previously scheduled May 4th federal trial date for attempting to steal the 2020 election remains on on pause and may not now even begin before the 2024 election.

At the same time, in New York state court on Wednesday, an appellate judge, within hours after Trump's filing, rejected his attempt to offer a $100 million bond to prevent Attorney General Letitia James from beginning seizure of his assets in about 30 days for failure to post cash or a bond for the full $454 million penalty he faces for a decade of massive fraud via his corrupt real estate company. And Trump's criminal trial in the state, on 34 charges related to cheating to win the 2016 election with hush-money payments to a porn star, is set to begin at the end of next month.

Given my physical condition of late, we called in our good friends and very wise longtime fellow bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of The Professional Left Podcast, to help make sense of these key, historic events. They each offer context and analysis of what appears --- to them at least --- to be one of the most corrupt actions ever taken by our corrupted, far-right, Trump-appointed supermajority on the High Court.

Driftglass argues the news from the Court on Wednesday is that "It's a corrupt court. And that corrupt court has rendered a corrupt decision," underscores his belief that Trump will never see a day in prison. Digby reminds us that true accountability was always going to come from only one place: the voters at the ballot box this November. "I'm sorry to have to tell you," she tells me, "but it's going to have to be a grinding out of a Presidential campaign and people are going to have to vote this guy out."

We've got a lot of ground to cover on today's program, with smart insights from both of them as usual, even if I don't have the energy to document much of it here for you today. So, please tune in.

There's one point, however, that I didn't get to on the show --- blame the cold medicine --- in response to the somewhat grim and arguably cynical (if accurate) assessments from Digby and Driftglass. That is, that even if Trump's federal trial for attempting to steal the 2020 election had moved forward, as scheduled, well before this November's election, I think the magic bullet moment that had been applied to that trial --- as if a guilty conviction would be an elixir that finally woke up the nation to how corrupt he truly was, leading supporters to abandon him --- was always, in my estimation, somewhat overblown.

When (not if) Trump is found guilty on any of the 91 criminal counts he is currently facing at both the state and federal level, his supporters will find a way to justify it and continue their support nonetheless. It'll be a evidence of a "corrupt system" or "Joe Biden's witch hunt" against Trump, etc.

I have never quite bought into the prodigious polling which suggests his 2024 support would crater once he was finally found guilty of a crime. His supporters know what he did. We all do. It's obvious. A criminal conviction is unlikely to change many opinions of him either way. This was and still will be --- as both Digby and Drifty point out --- about the VOTERS showing up and VOTING to save our democracy from the clutches of a fascistic, sociopathic, narcissist hell-bent on destroying it for revenge. Whatever happens between now and November 5, nobody else was ever gonna do it for us.

Finally today, Desi Doyen joins us for our latest Green News Report, as winter heat in the center of this nation blew away records for February, topping out in the 80s and 90s in huge swaths of the region over the past week. That helped touch off what is now the largest wildfire in Texas history. In February! That, and much more on today's GNR.

Now I'm going back to bed. I'm sure the last 24 hours have been nothing more than a bad Nyquil-induced fever dream...

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