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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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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It was yet another busy news day and, thus, it was another very busy BradCast. [Audio link to full show follows below this summary.]

Among the many stories covered today...

• It has been a very very bad 24 hours for our disgraced former President in three of his four criminal cases, as he's now received rejections from three different judges to three different motions to dismiss or delay in three different jurisdictions over that period. Last night, Juan Merchan, the judge in his New York hush-money fraud case rejected his last minute motion to delay his April 15th trial until after SCOTUS rules on his laughable "Presidential Immunity" claim. The judge in his Georgia election theft conspiracy case, Scott McAfee, rejected Trump's effort to dismiss on ridiculous First Amendment "protected political speech" grounds. And even Aileen Cannon, the corrupt Trump-appointed federal judge overseeing his case in Florida for stealing national security documents upon leaving the White House, finally issued an order rejecting his absurd Presidential Records Act defense as cause for pre-trial dismissal. Sad!

• The secretive, supposedly "centrist" No Labels group announced they will not be running a third-party candidate for President in 2024 after all.

• Kim Taylor, the wife of an elected Republican official in Iowa who was named as an unindicted co-conspirator, will get just four months in prison after being found guilty last year of 52(!) election fraud crimes, including registering and casting votes for her husband in the names of others. (Tip for vote fraudsters looking to get off easy: Be a Republican.)

• Wisconsin's newly progressive Supreme Court majority will now decide whether to reverse the previous right-wing majority's ban on the use of absentee ballot drop-boxes in the critical battleground state this year.

• An out-of-the-blue call on Tuesday by a rightwing extremist on Twitter to change the way Nebraska will allocate its Electoral College votes in 2024 --- in hopes of awarding an extra vote for Trump this year --- gained support just hours later from the state's Governor and the desperate former President before failing in a vote by the state legislature Wednesday night. Bigly. The measure still could come back up for another vote, however, before the legislative session's end on April 18, or in a Special Session thereafter if called by the Governor.

• Following a reportedly tense call on Thursday between the nation's two leaders, the White House announced that President Biden issued a warning to Israel's far-right Prime Minister Benjamin Netanyahu: Change course in Gaza or...else. The White House said the President demanded swift changes to Israel's war on Gaza to allow much more food and humanitarian aid to reach starving citizens and protection for both civilians and relief workers. Though it remains unclear how U.S. support may change, an Administration spokesperson said they expected to see action from Israel "in hours or days" before reassessing current policy.

• On Wednesday, Senator Bernie Sanders joined President Biden at the White House to tout their successful efforts at lowering the cost of healthcare and, specially, prescription drug prices following the adoption of the Inflation Reduction Act which every Republican in Congress voted again. After forcing Big Pharma to lower the cost of insulin and certain asthma medication for Medicare recipients to no more than $35/month, both men called for still more cuts in the price of overpriced prescription drugs sold in America to everyone, not just those on Medicare.

• Finally, Desi Doyen joins us for our latest Green News Report with news on a looming, climate-change fueled hunger crisis in Southern Africa; the Biden Administration's largest-ever investment to decarbonize American manufacturing; how melting polar ice is bending time itself; and the opening of America's first commercial-scale offshore wind farm...which is decidedly not killing whales (insists Desi.)

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Lots (and lots) of news on today's BradCast, from Israel to TikTok foolishness to lots (and lots) of Trump accountability news. [Audio link to full show follows below this summary.]

Among our lead stories today...

• Senate Majority Leader Chuck Schumer, an ardent, longtime supporter of Israel, called on Israel's Prime Minister Benjamin Netanyahu to hold new elections. New York's Schumer, a Jew who happens to come from NYC, which has the world's largest Jewish population, cited the far-right Prime Minister as an obstacle to peace who is turning Israel into the world's "pariah". In a 40-minute floor speech, the Senate's top Democrat charged that the unpopular Netanyahu, who is avoiding facing felony charges while remaining in office and avoiding a new election until his war against Hamas in Gaza is over (which it will never be, as long as these are the stakes), "has lost his way by allowing his political survival to take precedence over the best interests of Israel." This is a very big deal in a whole bunch of ways. We discuss some of them today.

• There has been a bipartisan push this week to adopt a bill that would result in the banning of the TikTok app in the U.S. if the company which owns it does not divest from China. Donald Trump, who, as President, issued a failed Executive Order to ban the popular social media video app (it was blocked by the Courts for violating First Amendment free speech rights) has recently flip-flopped to support the app, after meeting with a billionaire hedge fund manager heavily invested in the company. But, despite the popularity of the bill which has now passed in the House, we discuss why it is a terrible idea. Social media regulations are long overdue. But the menace of China's (theoretical) ownership of TikTok is no worse than Elon Musk's actual ownership of Twitter/X. And, in case Democrats failed to notice today, Trump's former Treasury Secretary, Steven Mnuchin, announced that he is trying to bring together an investor group to purchase the company. Still think this is a good idea, Dems?

• The UK's Guardian, in an excellent piece today, details the Trump business associates who prosecutors say paid Alexander Smirnov $600,000 in 2020, the year that Smirnov, now charged with lying to the FBI, fed them false claims that Joe Biden accepted bribes from the Ukrainian energy company named Burisma. Prosecutors have also charged that Smirnov met with Russian Intelligence officials before passing on the lie to the FBI, which House Republicans cited at the center of their doomed impeachment probe of the President. So, Smirnov passed on disinformation from Russian intelligence to the FBI and was paid by longtime business associates in the U.S., UK and Dubai of the then-President who was running for re-election that year. And, after losing the election, those lies were used to try and impeach the guy who defeated him. This movie keeps getting worse and worse.

In Trump accountability news today (there is lots of that as well)...

• U.S. District Court Judge Aileen Cannon, appointed by Trump after he lost the election, but before he left the White House, rejected a Team Trump motion, for a happy change, in the case of the highly classified documents he stole when leaving the White House, and then hid from prosecutors seeking to get them back. Cannon turned down his attempt to dismiss the felony charges based on his claim that the Espionage Act he is charged under is too vague.

• Meanwhile, the one criminal case that Trump is facing which had not yet been derailed by Trump's various delay tactics --- his New York state hush-money case --- may now be delayed following a tranche of thousands of documents from a previous federal investigation recently turned over to Manhattan prosecutors. We explain what happened here and why the NY D.A.'s office cites the defendants actions for this surprise revelation. Prosecutors have agreed to a 30-day delay before the start of the trial, which was previously scheduled to begin on March 25. The judge overseeing the case, however, Judge Juan Merchan, has yet to decide how much, if any, delay he will allow.

• Trump's former White House trade advisor, and one of his top 2020 "voter fraud" fraudsters, Peter Navarro must report to federal prison in Miami next Tuesday, according to a federal appeals court panel today. Navarro was charged with criminal contempt of Congress for refusing to answer subpoenas from the House January 6 Committee. Like former Trump advisor Steve Bannon, who has managed to remain free pending appeal, Navarro was sentenced to four months for his crimes.

• And, in a bit of Trump accountability news that appears to have slipped through the cracks, last week, a judge in the UK ordered Trump to pay some $382,000 in attorneys fees to the lawyers of former British spy Christopher Steele and his private intelligence company. Trump had filed sued in the UK, charging that the "shocking and scandalous" allegations in the so-called Steele Dossier had harmed his reputation. (Please hold your laughter.) The British judge determined the claims were "bound to fail" and ordered Trump to cough up legal fees to cover the frivolous suit. In 2022, Trump lost a similar case he filed in Florida against Steele, Hillary Clinton and a number of top former FBI officials. That case was also tossed and he was ordered to pay nearly a million dollars for that fiasco. I guess he's still not tired of winning.

• Finally, Desi Doyen joins us for our latest Green News Report with cruel news out of Ron DeSantis' Florida; disturbing news about the fossil fuel industry's continuing methane leaks; terrifying news about GOP plans if Trump retakes the White House; and sad news for California salmon...

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We're old enough here on BradCast to remember when the Republican Party and their scofflaw cult leader used to pretend, at least, to believe in the rule of law and the U.S. Constitution and even the Judiciary system. That was then. This is the Trump Era. [Audio link to full show follows this summary.]

You may need to buckle up for today's show --- or stay away from sharp objects --- for your own safety. Among the insane amount of stuff --- breaking and otherwise --- that we do our best to cover today...

• First, some listener mail following yesterday's program on Section 3 of the 14th Amendment to the U.S. Constitution, which makes it pretty clear that Donald Trump is Constitutionally barred from running or holding any federal office after having "engaged in insurrection or rebellion" against the U.S. Government on January 6, 2021. That same "Insurrection Disqualification Clause" will come up again later on today's show, so pay attention!

• Oh, look! It's not only tens of thousands of documents that Trump stole upon leaving the White House, Haaretz is reporting that he appears to have stolen priceless Israeli artifacts as well! "Antiquities belonging to Israel have been kept for the past several months at former U.S. President Donald Trump’s Mar-a-Lago estate, and senior Israeli figures have unsuccessfully tried to have them returned to Israel. ... Among the antiquities are ancient ceramic candles which are part of Israel’s national treasures collection. They were sent to the U.S. in 2019 with the approval of then-Director of the Israeli Antiquities Authority, Israel Hasson, on the condition that they be returned within weeks, yet almost four years later, they have yet to be returned." Yup, we're also old enough here to remember when Trump pretended to love Israel too.

• Wrapping up just prior to airtime, the first federal court hearing before the unrecused, Trump-appointed U.S. District Judge Aileen Cannon in Special Counsel Jack Smith's 38-count criminal indictment against Trump and his valet, Walt Nauta, in the stolen documents case. The DoJ seeks a speedy trial to begin in December. Team Trump wants an indefinite delay until some point after the 2024 election. Reports from those in the courtroom suggest the Judge was "disinclined" to grant the DoJ's requested December trial, "but also seemed skeptical" of a delay until after 2024. Her decision is supposedly coming "soon".

• In Georgia, where Trump and a broad array of co-conspirators are likely to be charged next month (if not sooner) as part of Fulton County District Attorney Fani Willis' criminal investigation of his attempt to steal the 2020 election in the Peach State, the state's Supreme Court, on Monday, unanimously rejected Team Trump's ill-considered preemptive motion to block any indictment and to remove Willis from the case.

• The biggest news of the day, arguably, is Trump's long, rambling social media revelation on Tuesday morning that he received a letter from the Justice Dept. on Sunday, notifying him that he is the target of Jack Smith's broad investigation surrounding the January 6 insurrection and other efforts to steal the 2020 election (and otherwise profit off of false claims that it was stolen from him). Even though the source of the targeting claim is Trump, there are still a number of tea leaves to be read here, including who may now be cooperating with Smith's probe on yet another imminent indictment against the disgraced former President.

• BREAKING just moments before airtime today, Michigan Attorney General Dana Nessel announced that she had filed criminal charges against 16 fake Republican electors in the state, including the co-chair of the MI GOP and the state's Republican National Committeewoman. Each of the "false electors" signed paperwork claiming to be MI's "duly elected and qualified electors" after the 2020 election, Nessel notes, even though Joe Biden won the state. Each have now been charged with eight felony counts, including forgery.

• A number Republican candidates for the 2024 Presidential nomination --- a contest in which Trump is currently the far and away front-runner, despite being indicted on (so far) 71 criminal felony charges at both the state and federal level, with more coming soon --- were asked to respond to his claim about being targeted and likely soon indicted by Jack Smith in his January 6 probe. Only one of them (so far), was smart enough to point out that any charges related to the insurrection will further disqualify him from both office and the ballot under the U.S. Constitution's "Insurrection Disqualification Clause" (Section 3 of the 14th Amendment). Will any of his other supposed opponents have the moral courage to point that out?

• Voting rights advocates were stunned last month when Chief Justice John Roberts and Justice Brett Kavanaugh joined the Court's three liberal justices in a majority to uphold the Voting Rights Act and its ban on racial gerrymanders. The case came out of Alabama and the opinion, written for the majority by Roberts, held that the state's U.S. House District maps violated the VRA by including just one Black majority District out of seven. (Black voters comprise nearly 30% of the state's population.) Roberts' SCOTUS opinion [PDF] ordered a new map in the state that "will need to include two districts in which Black voters either comprise a voting-age majority or something quite close to it." On Monday, following a special session of the GOP-controlled state legislature, the newly drawn map was revealed to include...just one majority Black district. Again. Apparently, while Republicans no longer give a damn about the rule of law, they also have no problem defying the U.S. Supreme Court either.

• Finally, Desi Doyen joins us for our latest Green News Report, as the Summer of Record Extremes gets even worse by the day...

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It's a good day on The BradCast. Let's enjoy it while it lasts. [Audio link to full program follows below this summary.]

After a full year of five-alarm warnings on this program about the the Moore v. Harper case at the U.S. Supreme Court, and the havoc its so-called Independent State Legislature theory would wreak on American elections and hundreds of years of American election law if approved by a Court majority, I'm very happy to say, the grave threat is over. For now.

By a 6 to 3 majority, with Chief Justice John Roberts and Justices Kavanaugh and Barrett joining all three liberals on the Court, the fringe ISL theory was soundly rejected (PDF). That theory, pushed by Rightwingers --- especially by Trumpers after the 2020 election --- holds that the U.S. Constitution's Elections Clause, allowing State Legislatures to determine "times, places and manner" of federal elections in their state, also give those Legislatures plenary power to make all laws pertaining to federal elections without the possibility of any sort of judicial review.

Had the Supreme Court majority gone the other way in this case, as many feared, State Legislatures would have had the only power to make such laws and rules. No Gubernatorial veto or state Supreme Court or state constitution --- or even state ballot initiative adopted by voters --- could have blocked them. They could have instituted partisan gerrymanders, even if their state's constitution barred them. They could have chosen which Presidential electors to send to the Electoral College, even if state voters had selected a different candidate. (It is under the ISL theory that Trump and his legal stooges like Rudy Giuliani and John Eastman tried to convince State Legislatures in Georgia, Arizona, Wisconsin, etc., that they had the power to choose Trump electors, even though voters in all of those states had voted for Biden.)

Voting rights advocates are breathing a huge sigh of relief today. Had the Court gone the other way, as many feared, more than 170 state constitutional provisions, over 650 state laws delegating authority to make election policies to state and local officials, and thousands of regulations down to the location of polling places could have been affected or simply overturned, according to Brennan Center for Justice.

Tuesday's news follows several other, surprisingly not insane rulings by the Court in recent weeks, where enough rightwingers peeled off to join the Court's Liberals to avoid worst case scenarios. As Slate's Mark Joseph Stern concludes in his article today on the Moore v. Harper decision, headlined "John Roberts Has Wrested Back Control of the Supreme Court": "So far this term, [Roberts] is once again in the driver’s seat—and the court is acting a lot more like a court than this time last year. It’s too early for grand conclusions. But it sure looks like a majority of the justices want us to know that they are backing away from the brink."

There are a few more major rulings to come --- on Affirmative Action in college admissions; on Biden's student loan forgiveness program; and on another dumb anti-LGBTQ "religious rights" case --- before this year's term wraps up at week's end. Decisions are likely to come on Thursday. But, even adverse rulings on those issues, as expected, are unlikely to have the democracy-rattling effect of what the case over the ISL theory would have wreaked, or had the Supremes gutted what is left of the Voting Rights Act (which was also feared but, also surprisingly, the Court did the right thing instead by following both precedent at the Constitution.) Perhaps a few members of SCOTUS' far-rightwing have learned a thing or two since their disastrous Dobbs decision overturning Roe v. Wade this time last year.

On the other hand, having not learned a think since this time last year is our twice-criminally indicted former President. On Monday night, CNN released the actual audio recording of a meeting cited in Special Counsel Jack Smith's 37-count felony indictment [PDF] against Trump on charges related to violations of the Espionage Act and obstruction of justice. It's a tape of the July 2021 meeting at his Bedminster, New Jersey resort, as described on pages 15 & 16 of the indictment, wherein Trump claims to be showing classified documents on military plans for an attack on Iran to a group of people writing a book.

Trump is heard in the audio telling his cackling audience that the documents he is showing them are "highly confidential," "done by the military [and] given to me," and that he no longer had the power to declassify them, now that he was out of office.

His recent explanation about the incident to Bret Baier of Fox "News", when asked about the description in the indictment prior to the release of the actual tape on Monday night, appears to be in pretty stark contradiction with what is heard on the audio tape. We play both recordings in full today so you can decide.

We're joined again today by former Republican attorney and U.S. Army Captain turned Daily Kos blogger KEITH BARBER to discuss the Trump tape; how it compares to its description in the Mar-a-Lago indictment; who might have leaked it and why; what the same behavior would have earned him as a member of the military; and what it is likely to mean for Trump's stolen documents case as it plays out in Florida under a wildly inexperienced and arguably corrupt Trump-appointed federal judge.

Finally, Desi Doyen joins us for our latest 'Green News Report' with rough news on the climate changed-fueled extreme weather pounding much of the nation this week (especially Texas), but with some far better news for EV charging standards and the solar industry as it overtakes fossil fuels...

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Constitutional legal scholar Laurence Tribe is charging that federal statute mandates that Donald Trump-appointed U.S. District Court Judge Aileen Cannon recuse herself from presiding over United States v. Donald J. Trump.

28 U.S. Code §455(a) provides that...

The criminal case against the former President is a 37-count indictment related to his alleged unlawful retention of national defense documents, conspiracy and obstruction of justice.

Tribe argued that Judge Cannon, in the earlier civil case filed by the former President last year, had not merely been overturned by the 11th Circuit Court of Appeal but also rebuked for what amounted to a lawless effort to interfere with an ongoing criminal investigation by the U.S. Department of Justice. Her unwarranted intervention was such that, in Tribe's view, "no person could say" that the 455(a) standard mandating recusal "had not been met."

The Harvard law professor is but one of many legal experts calling for Cannon's recusal, as caselaw would appear to support their arguments...