The nationwide right to terminate a pregnancy with medication is now at stake in three pending federal lawsuits. One, in Texas, has been filed by abortion opponents. Another has been filed in West Virginia by a manufacturer of one of the drugs used to terminate a pregnancy, after state lawmakers have attempted to ban its use in the state. The third is a complaint from a physician in North Carolina where her ability to prescribe the drug may now be in peril.

The outcome of these three cases may ultimately succeed in protecting nationwide access to abortion rights even in states where Republican lawmakers have attempted to ban all such freedoms.

That said, while unlikely, it's also possible that one of these three cases could result in the elimination of the right to medical abortion in all 50 states...

As we've advised many times on The BradCast, accountability takes a while. Particularly when you're talking about criminal accountability for a President of the United States for the first time ever. [Audio link to full show is posted below this summary.]

We're joined today, for the first time in several months, by perhaps the one person who may know nearly as much (and, in some cases, even more) about the many criminal cases against Donald Trump than the many prosecutors currently considering indictments against him for those crimes.

Longtime, independent national security and accountability journalist MARCY WHEELER of Emptywheel.net joins us for the full hour today. There is now just too much going on all at once in the various federal investigations being overseen by Special Counsel Jack Smith (not to mention the several criminal and civil probes underway in Georgia and New York), to fit into a single segment.

We dive into details with Wheeler on both the probe of Trump's hundreds of stolen, classified documents recovered by the FBI last year at Mar-a-Lago, and the ongoing investigation of the broad conspiracy surrounding the Trump-incited January 6, 2021 insurrection at the U.S. Capitol (and his many other attempts to steal the 2020 election.)

Among the many points and questions discussed with Wheeler on today's show...

ON SPECIAL COUNSEL JACK SMITH:

• Where is he? Literally. And why are there no known new photos or videos of him Special Counseling?
• And what, if anything, does his incredibly low profile tell us about the work that he is doing?

ON THE TRUMP STOLEN DOCUMENTS PROBE:

• What does this week's news that Smith is hoping to pierce the attorney-client privilege by invoking the crime-fraud exception to force federal grand jury testimony from Trump attorneys like Evan Corcoran actually mean? And, is it true, as the New York Times reported on Tuesday, that Smith's motion to do so is "an aggressive new dimension to the inquiry"?
• What exactly is the crime being investigated that Smith contends took place between Corcoran and Trump that would nullify the attorney-client privilege?
• What do we need to know about this past weekend's startling news that Team Trump has now turned over still more classified documents and that some of them were reportedly scanned onto a laptop computer (and thumb drive) said to belong to a Trump aide at his main fundraising PAC?
• Why weren't those documents found at Mar-a-Lago during the FBI's very thorough search last August?
• Should we be concerned that more classified documents are out in the wild after being digitized and shared with others?
• Where are the dozens of documents that were previously in the now-empty classified document folders recovered by the FBI last August? And, is Trump's claim that he kept empty classified document folders as trophy keepsakes even plausible?
• Does the discovery and quick return of a handful of classified and other Presidential records found by aides at the offices and residences of Joe Biden and Mike Pence make any difference in a potential decision to charge Trump for having stolen thousands of documents and then lying about them to federal officials?

ON THE JANUARY 6 CONSPIRACY PROBE:

• Mike Pence has now been subpoenaed to testify before the grand jury investigating the January 6 attack. He says he will challenge the subpoena based on the Constitution's "speech or debate" clause that, he claims, prevents him --- as President of the Senate on January 6 --- from having to answer questions by the Executive Branch. That, after Pence previously refused to testify to the House J6 Committee on the basis of separation of powers and Executive privilege.
• Many are describing Pence's defense "novel", but Wheeler (and I) recall when the previous Republican Vice President, Dick Cheney, hoping to also have it both ways, attempted to play the exact same hand to avoid testifying to both the Legislative and Executive branches during the George W. Bush era.
• In any event, will Pence's ploy work? And, if so, will it prevent Smith from being able to bring indictments?
• How do the recent guilty verdicts for Seditious Conspiracy, in the trials of a number of rightwing Oath Keepers militia members (and the ongoing trial of racist Proud Boys members), affect potential indictments of the former President?
• Is it likely that the DoJ will simply take the "Al Capone tax evasion" route by charging Trump with a simpler crime, such as wire fraud, based on his fundraising scheme that raked in some $250 million after the 2020 election for an "official election defense fund" that didn't actually exist?
• And, by the way, can a former President --- with a 24/7 Secret Service detail and all of that --- actually be sent to prison in the event he ever actually is indicted, convicted and sentenced?

As you can tell, just a few things to discuss with Wheeler today. And, as usual, she offers a ton of important, smart and keenly-informed insight!...

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As noted at the top of today's BradCast, I thought when the Trump Era ended, there wouldn't be quite as much of a fire-hose of news coming in over weekends. Silly me. Perhaps my mistake was in somehow thinking the Trump Era had ended. [Audio link to full show is posted below this summary.]

In any event, among the many stories covered on today's show before we opened up our lines to listener calls on all of them...

• Hey, that was some Super Bowl, eh?

• Over the weekend a total of three "unidentified aerial objects" were shot down by the U.S. military over North America by President Biden. One off the frozen coast of Alaska, one over Canada (shot down at their urging), and another in Michigan over Lake Huron. None of the objects, according to U.S. officials, were similar to the much larger spy balloon from China recently shot down off the coast of South Carolina. So, what were they exactly? And should anybody really be concerned about it? We discuss.

• In far more important news, there was also another flurry of activity over the weekend regarding the discovery of mishandled classified documents. It began on Friday, when a consensual FBI search of former Vice President Mike Pence's home in Indiana turned up another classified document. But that story only served to district from the hugely important news that not only were more classified and stolen documents found in Donald Trump's possession (where well over 300 such documents, including thousands of pages marked classified, have been found to date), but in this case, at least one classified document was discovered to have been digitized onto a notebook computer and a thumb drive. Even more disturbing: the notebook on which the document was found wasn't even at Mar-a-Lago. It was, reportedly, in the possession of a still-unnamed aide working for Trump's main fundraising arm, the Save America PAC. If the documents stolen by the disgraced former President were electronically scanned, as appears to be the case, and copied to thumb drives and computers, that opens up a whole new potentially very troubling ball of wax in Special Counsel Jack Smith's ongoing criminal investigation into the documents recovered at Mar-a-Lago. It was also reported, as part of the weekend news flurry on this, that Trump received yet another subpoena for those newly discovered documents last month and that two more of his attorneys testified in January before Smith's federal grand jury.

• On Monday, a judge in Atlanta announced that parts of a recently written Special Grand Jury report --- including what he described as "a roster of who should (or should not) be indicted, and for what, in relation to the conduct (and aftermath) of the 2020 general election in Georgia" --- will be released to the public this week. Fulton County Superior Court Judge Robert McBurney said in his 8-page order [PDF] today that the introduction and conclusion of the report, as well as one section on witnesses believed to have lied to the Special Grand Jury, will be released on Thursday. None of the sections to be released this week, according to McBurney, include names of those who could soon be indicted. The report was created by the Special Grand Jury convened by Fulton County District Attorney Fani Willis. She had sought their advice on whether to bring charges against the former President and other co-conspirators in his attempt to strong-arm Georgia officials into stealing the 2020 Presidential election. At a hearing three weeks ago, she explained that her office opposed the release of the report at this time out of concern for fairness to those who may soon be indicted. She said at the time that charging decisions were "imminent". Presumably, they still are.

• Finally, some of very good and/or interesting callers ring in today on all of the above and more!

Please tune in for today's lively and, hopefully, both entertaining and informative program!...

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The long-awaited GOP-led House hearings are now getting under way in full. And, as we've previously predicted, they ain't going well...for the Republicans. Also on today's BradCast, a few critical (and good news) updates to several stories we've covered in the recent past, as well as some encouraging breaking news on the worsening woes of our failed former President. [Audio link to full show is posted below this summary.]

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

• A few weeks back, longtime Congressional ethics expert Craig Holman of Public Citizen joined us to explain the House GOP's attempt, buried in their new rules package adopted at the beginning of the new session last month, to kill the independent Office of Congressional Ethics. That is the very effective body that runs real investigations into Congressional members' crimes and ethics lapses, by way of contrast with the House Ethics Committee which, as Holman told us at the time, is "literally designed to sweep ethics matters under the rug." The new House rules were cleverly crafted by Republicans to cripple the OCE --- along with any real probes of folks like George Santos or Kevin McCarthy and the several other GOP members who defied Congressional subpoenas last year. But, at the last second this week, House Dem Leader Hakeem Jeffries appears to have saved the day --- and the OCE --- with some very quick work to thwart the GOP scheme to kill this critical agency.

• In another good news update today to yet another story we've been covering in recent weeks, the long and confusing battle over majority control of the Pennsylvania state House is now all but settled with the election of all three Democrats in three different Special Elections held on Tuesday to fill three vacancies in the chamber. That means that Dems will now have full control of the House in the Keystone State for the first time in over a decade. Critically, they will now be able to thwart the effort by the previously GOP-controlled legislature's plan to adopt a state Constitutional amendment that would declare there is no right to an abortion in the state.

• And, in still more good news on reproductive freedoms and the importance of elections, last November, Democrats won a trifecta in the great state of Minnesota, as they gained majority control of both chambers in the state legislature and control of the Governor's mansion. They have now begun to move a huge number of long-overdue progressive priorities forward. Last week, they adopted a statute to protect reproductive freedoms in the state --- the first state to do so after last summer's SCOTUS reversal of Roe v. Wade --- and, this week, Gov. Tim Walz signed a measure that mandate MN's move to 100% carbon-free electricity by 2040! (And there is much more to come. Elections matter!)

• Next, it's on to the ridiculous hearing held on Wednesday in the newly GOP-controlled Oversight Committee in the U.S. House. The long-awaited hearing, featuring a panel of witnesses who formerly worked at Twitter, was meant to examine alleged federal government censorship on the social media site. Specifically, a two-day pause on the broad sharing of a questionable New York Post article in early October 2020 on a laptop purportedly abandoned by Joe Biden's son, Hunter Biden. The hearing did not go well for the Republicans. As it turns out (and as we've told you previously), there is no actual evidence of the FBI or any other government agency, censoring the laptop story --- or any other --- at the social media network, even though Republicans are now pretending that the FBI (Trump's FBI, by the way!) somehow used Twitter to rig the 2020 election for Biden. If all of that sounds ridiculous, it's because it is. We share several clips today from the hearing, which failed to reveal evidence that Biden or the Democrats or the FBI or the "deep state" violated the First Amendment in somehow censoring --- or trying to censor --- Twitter. But, you know who did? Yup, Donald Trump and his White House, as revealed by Democrats and the former Twitter employees who testified at Wednesday's sort of hilariously failed hearing.

• Also today, Desi Doyen and our latest Green News Report with details on environmental elements of Biden's Tuesday State of the Union address; new evidence of more lies and war profiteering by BP; a foiled neo-Nazi attack on the power grid in Baltimore; and more on that great news about the clean energy mandate (as noted above) out of MN.

• Finally, some breaking news as today's show wraps up: former Vice President Mike Pence has reportedly been subpoenaed by Jack Smith's federal Special Counsel probe of Donald Trump's attempt to steal the 2020 Presidential election. That, according to ABC News, which broke the story first, suggests "a major escalation of Smith's probe"...

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IN TODAY'S RADIO REPORT: President Biden touts climate action and infrastructure upgrades in State of the Union address; Surprise! BP weakens climate targets amid record profits; FBI disrupts neo-Nazi plot to attack Baltimore power grid; PLUS: Minnesota enacts ambitious law to go 100% carbon-free electricity by 2040... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Embattled Adani embarks on coal fire sale to boost liquidity; Oil industry-backed effort puts new California oil well ban put on hold for voters to decide; Heat pumps are defying Maine’s winters and oil industry pushback; BP says demand for oil and gas will drop dramatically by 2050 in 'decisive shift';14 million Americans live near plants emitting cancer-causing gas; Communities on front lines of pesticide exposure fight for change; Drought may have doomed this ancient empire; Brazil pushes illegal miners out of indigenous Yanomami territory... PLUS: Drifting Toward Disaster: Breaking the Brazos

... and much, MUCH more! ...

Apparently, our week of GOP debunkery continues on today's BradCast. I have a feeling we may be at it for quite some time, as Republicans are just getting started with their crash and burn majority control of the U.S. House. [Audio link to full show follows this summary.]

On yesterday's program, we shared a few clips from interviews this week with the new Republican Chair of the House Oversight Committee, Rep. James Comer of Kentucky. He explained why he was dead set on his committee investigating the connection between classified documents found by Joe Biden's aides at his Delaware residence (and immediately returned to the federal government) and concerns about "influence peddling" by the President and his family. That, despite any actual evidence to support the allegations.

Comer also made clear he had no interest in his Committee investigating the former President, despite the hundreds of classified documents he'd stolen from the White House (and refused to return, with many still missing) and mountains of evidence of influence peddling by Donald Trump and many of his children, including son-in-law Jared Kushner who received $2 billion from the Saudis just after Trump left office.

There was one point Comer focused on, however, in an effort to buttress his case. "There's one email that's been identified that is suspicious, that we want to look into," he explained. "We want to make sure that this one email that was on Hunter Biden's laptop wasn't one of the classified documents" found at Biden's residence in DE.

This claim seems to stem from an allegation first published by a New York Post columnist, apparently. GOP Senators have also been citing the same claim of late. Sen. Ron Johnson (WI) recently argued on Fox Business that an email from 2014, said to have been found on what Republicans have long claimed to be an "abandoned" laptop from the President's son contained "a very detailed analysis of what's happening in Ukraine." Sen. Ted Cruz (TX) alleged on a podcast that information in the email "could easily have come from a classified briefing."

Washington Post's Glenn Kessler examined the allegation and the evidence today. He found that the facts stated in the 22-point email said to be from Hunter actually lined up with information that was not only on the public record at the time, but published by major news outlets just weeks before the date of the email. "Laptop email suggests Hunter Biden read newspapers, not classified documents," Kessler's headline reads today. He awarded "Three Pinocchios" to the claims from Johnson and Cruz, as echoed by Oversight Committee Chair Comer on Sunday.

At the same time, Hunter Biden, after years of staying quiet about all of this, appears to now be pushing back. His attorneys recently sent legal letters to Fox "News" and Tucker Carlson, for example, demanding they retract and apologize for what the letters characterize as defamatory statements. They've also sent letters seeking criminal investigations by both state and federal authorities into the dissemination of his personal data by folks like Rudy Giuliani in the run-up to the 2020 election, making clear that while some of the data discovered was his, he neither authorized its public release, nor dropped off an allegedly abandoned laptop at a repair shop, as the GOP story, initially spread by Giuliani, goes.

Much more on all of the above today. But if Republican members of Congress believe that House investigations into this sort of stuff is what voters want them to do, after months of campaigning on claims of out-of-control crime, record inflation, high gas prices, etc., they are likely very wrong. At least according to a new report on focus groups of independent voters in Wisconsin, Virginia and Texas.

Next up today, we share some of the remarks by Rep. Ilhan Omar (D-MN) from the House floor today before a vote by House Republicans to remove her from the Foreign Affairs Committee based on comments they regard as anti-Israel four years ago. In truth, the move by House Speaker Kevin McCarthy --- who was finally able to scrounge up the minimum number of votes needed to remove her (all Dems voted in her favor) --- was clearly revenge for Democrats removing Reps. Marjorie Taylor Green (GA) and Paul Gosar (AZ) from their committee assignments during the last Congress. That, after they each posted violent threats against Democrats. (For example, Green promoted a comment from a supporter calling for the assassination of then House Speaker Nancy Pelosi. Gosar posted a video in which he is depicted as decapitating Rep. Alexandria Ocasio-Cortez and attacking President Biden with a ninja sword.)

Then, Desi Doyen joins us for our latest Green News Report, as Big Oil profiteers announce all-time record profits after a year or two of inflating gas prices; and the Biden EPA announces some very good news for longtime opponents of what would have been a toxic mining project in a pristine part of Alaska.

Finally today, a programming announcement for The BradCast! We will be moving to a four-day-a-week, Monday through Thursday schedule (with rebroadcasts scheduled for Friday) for the foreseeable future. While there are no emergencies, as noted on the program, there are several reasons for this change. Catching up on some long overdue health issues (physical, emotional, mental) is just one of them. We're fine. But, after moving from a weekly to a daily schedule back in early 2015, in order to cover the 2016 elections, and then staying with that schedule thanks to the "surprise" ending of that election, and then continuing on through four years of Trump and a years-long pandemic...well, we've got a lot to catch up with here and hope you will both understand and forgive us for our need to take Fridays off for a while. Perhaps even permanently. (Feel free to leave any complaints in the comments section below, however!)

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We've got another grab-bag for you on today's BradCast, from the new challenges faced by corporate media during a U.S. House controlled by GOP liars, to more evidence of the former guy's weaponization of the federal government, to still more voter fraud by wealthy white people in Florida.

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

• NBC's Chuck Todd, the usually milquetoast host of Meet the Press, actually stood up to a few lies by accomplished GOP liar Rep. Jim Jordan on Sunday. That is never easy, given the flurry of lies the Ohio Congressman is capable of spewing at light speed. But Todd, who traditionally allows rightwingers to get away with all manner of BS with little if any response at all, did an impressive job this week --- at least for a few minutes --- in calling out several of Jordan's patently false assertions attempting to equate Donald Trump's theft of hundreds of classified documents and refusal, for more than a year, to return them to the federal government, with the discovery by Joe Biden's attorneys of a few dozen such documents from during his Vice Presidency found stored by aides at his former office at the Penn Center and his home in Wilmington, Delaware. We share the tale of the tape.

• Jordan now serves as Chair of the House Judiciary Committee and its silly, newly formed select Subcommittee on "the Weaponization of the Federal Government". The new panel is meant to promote all sorts of QAnon and Fox "News" fantasies and victimization porn about the FBI and DoJ somehow having it out for Republicans. Or something. They will pretend to expose false claims such as the FBI paying millions of dollars to Twitter to censor and ban rightwingers during the Trump years. Or something. Will Democrats and our corporate media be up to the task of countering their nonsense over the next two years?

• If you're looking for actual "weaponization of the federal government", however, look no further than what the disgraced former President did with his appointment of DoJ weaponizer-in-chief Bill Barr as Attorney General. Late last week, the New York Times published a jaw-dropping exclusive on Barr's failed attempt at revealing "deep state liberals" at the FBI and DoJ with the appointment of John Durham as Special Counsel to "investigate the investigators" of Russia's well-documented plot to interfere in the 2016 election. After four years, Barr and Durham have found none of the corruption that Trump and Barr pretended was there. But they did, apparently, find evidence of financial crimes by Donald Trump that, until the Times report just last week, remained their own little secret. Paging Jack Smith.

• Speaking of lies propagated by rightwingers and the corporate media, you may recall that, during the runup to the 2022 midterms, allegations of rampant, out-of-control crime in big "blue" state cities was all the rage. Trouble is, that was mostly lies as well. Now, a new analysis puts some meat on those bones and dispels another longtime rightwing myth. As it turns out, murder rates in "red" states not only far exceed "blue" states, but that has been the case since at least 2000, according to evidence documented by the new report.

• Speaking of elections, yet another wealthy white vote fraudster has been arrested for double-voting during the 2020 election in Ron DeSantis' GOP enclave known as The Villages in Florida. He is the fourth, to date. And you won't believe how easy the penalty was for this guy who, like the others, purposely voted twice. Especially as compared to the people of color who were rounded up at gun point by DeSantis' new "Election Crimes and Security" police force just before last year's elections. Those rounded up and tossed in jail by the GOP Governor and Presidential hopeful's personal police squad were former felons who had apparently been allowed by the state to vote two years earlier, despite a loophole in a new law that bars some former felons from being allowed to vote. They had no idea they were voting unlawfully, unlike the white criminals in The Villages who got off with (less than) a slap on the wrist.

• And speaking of GOP election liars, Kari Lake, 2022's failed, Trump-endorsed gubernatorial candidate in Arizona who lost by 17,000 votes but is still pretending she won, may now be facing legal issues of her own. According to a complaint filed by the state's newly elected Sec. of State Adrian Fontes (D), in a letter sent to the state's newly elected Attorney General Kris Mayes (D), Lake violated state law by publishing the signatures of several voters on Twitter last week. Fontes is seeking a criminal investigation.

• Finally, Desi Doyen joins us for our latest Green News Report, as New Zealand is swamped by stunning, record rainfall; a new study finds building solar and wind projects is now cheaper than using existing coal-fired power plants; Tax payers in Pennsylvania are now on the hook for the clean up of thousands of recently discovered abandoned oil and gas wells; and the Biden Administration reverses a Trump scheme in Minnesota in order to protect a vast wilderness from toxic mining for the next 20 years...

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Some tea leaf reading was necessary on today's BradCast, but it's our consensus that the news out of a hearing today at the Fulton County, Georgia Superior Court is encouraging. [Audio link to full show is posted below this summary.]

BUT FIRST TODAY, maddeningly, we've got to run through the litany of mass shooting over just the past 24 hours or so, following the horrific massacre over the weekend at a dance hall in Monterey Park, near Los Angeles. Since covering that shooting which resulted in 11 dead and 9 injured on yesterday's program, the massacres --- most apparently carried out with semi-automatic weapons and extended magazines that allow at least 30 rounds to be fired in seconds --- have continued. Two more in California. Another in Iowa. Another in Washington state. Republicans continue to send their thoughts and prayers. Democrats continue to try and actually do something about the epidemic.

AND SPEAKING OF EPIDEMICS, apparently the mishandling of classified documents by former Vice Presidents is a bit of an epidemic. Today, it was Mike Pence's turn to announce that his attorneys found "a small number of documents bearing classified markings" stored at his new palatial home in Indiana. While CNN's report compares the situation to Joe Biden's in paragraph 3, one must read all the way to paragraph 13 before the former President is mentioned.

You may remember him. He's the one who, literally, stole hundreds of classified documents comprising thousands of pages, on purpose, when he left the White House. He then repeatedly refused to return them to federal government officials (to whom he lied) for more than a year, despite the government begging him to return them and being forced to subpoena them, before finally taking them by force via a federal search warrant finding probable cause that multiple crimes were under way by the former President.

Once again, we've got to provide appropriate context to the story today since corporate media continues to fail to do so. In brief, the Pence and Biden cases are ones in which they discovered they had several documents they shouldn't have had in their possession, likely stored there by aides without their knowledge. After discovering them, the former Veeps then notified authorities and returned the documents. That, of course, is nothing like the felony crimes that Donald Trump pulled off and, apparently, continues to pull off even today, with dozens of classified documents still known to be missing.

Our friend Marcy Wheeler, investigative national security journalist, provided a handy chart today to help a few of our failed corporate media friends out when attempting to report on these apparently totally confusing matters...

NEXT, we move to the fascinating --- and encouraging, we think --- hearing at Fulton County Superior Court today. Two weeks ago, a Special Process Grand Jury convened by Fulton County D.A. Fani Willis completed its work and was dissolved. After eight months of investigation and some 75 interviews with subpoenaed witness, the panel completed a report and submitted it to Willis and Superior Court Judge Robert McBurney. While Special Process Grand Juries in GA, unlike regular Grand Juries, are not empaneled to issue indictments, they may recommend such indictments in their final report.

The panel has been investigating efforts by Trump and his supporters after the 2020 Presidential election to strong-arm state officials into stealing results on his behalf after he narrowly lost in the Peach State. The probe was kicked off by Willis shortly after the release of Trump's infamous, January 2, 2021 phone call to GA Sec. of State Brad Raffensperger, asking him to "find" 11,870 votes "one more than we have" to steal the election for Trump and threatening the Secretary with legal action if he failed to do so.

In addition to that, the Special Grand Jury is believed to have been investigating calls made by other Trump allies to state officials; false allegations of election fraud proffered to state legislators; attempts to threaten and pressure poll workers into falsely confessing to fraud; the 16 Georgia Republicans who falsely claimed to be "duly elected and qualified" electors; the abrupt resignation of Trump's U.S. Attorney in Atlanta; and the unlawful breach and duplication of voting system software and data in rural Coffee County (as originally reported in detail on this program.)

Nobody other than Willis and McBurney (and the Special Grand Jurors) know what is in their report, but the panel requested that it be made public. Today's hearing in Atlanta was convened to determine if that would happen in full immediately, in part immediately, or not at all until sometime in the future. Willis and her office argued against immediate public disclosure of report, offering some tasty morsels as to why.

"We think, for future defendants to be treated fairly, it's not appropriate at this time to have this report released," Willis told the Judge. "At this time, in the interest of justice and the rights of, not the state, but others, we are asking that the report not be released because you, having seeing that report... [pause]...decisions are imminent."

What does that mean exactly? We discuss. Along with the counter arguments from an attorney representing media outlets such as the Atlanta Journal Constitution, New York Times and Wall Street Journal who argued today for the immediate public disclosure of the Special Grand Jury report. "We believe the report should be released now and in its entirety," argued the media intervenors' attorney, Tom Clyde. The question is difficult, given the rarity of Special Process Grand Juries in GA and the extraordinary circumstances of what they've been investigation. Judge McBurney is now considering his options. Willis is free to move ahead with indictments at any time, no matter what is ultimately decided about the report.

FINALLY TODAY, Desi Doyen has our latest Green News Report, with news on California's recently disastrous string of punishing storms; a new report on whether off-shore wind power is killing whales off the U.S. northeast coast; the high cost of weather disasters in the U.S. in 2022; and some good news for manatees off the coast of Florida...

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There has been a boatload of news from late on Friday, over the weekend, right on up to airtime before today's BradCast. That seems to happen a lot these days. In any event, we tried to keep up or get caught up with a whole bunch of it today, and to take calls from a diverse range of listeners on almost all of it.

Among the topics and news items we discussed today (along with a number of callers who saw some of these things differently than me...at least when their calls began)...

• The House GOP's dangerous plan to hold the nation's borrowing limit (and the nation's and world's economy along with it) hostage to their disingenuous demands to cut spending programs such as Social Security and Medicare. The White House is refusing to negotiate on the stupid, statutory debt limit, but should they?

• The corporate media's ridiculous coverage of some more classified documents discovered at Joe Biden's home over the weekend, thanks to a 13-hour consensual search by the DoJ that uncovered a few more documents. Despite the entirely different nature of this case as compared to Donald Trump actually stealing classified documents, refusing to return them, even after subpoenaed, and lying to officials about them, corporate media outlets --- and elected Democrats who are too cowardly to challenge them --- are painting the two cases as somehow similar. Or, at least, claiming that Biden's case means charges cannot not be be brought against Trump for some reason. As explained, that is absurd.

  In fact, this is the "Goofus and Gallant" of document scandals, as fans of Highlights Magazine from the dentist office of your childhood may remember. Goofus (Trump) stole documents and, when caught, lied and refused to return them. Gallant (Biden) discovered he had documents he wasn't supposed to have, promptly notified authorities and returned them. As explained today, if anything, that stark difference should make it more, not less likely that Trump is charged. Or even that both are charged. But to suggest Trump can't be charged now --- as media and some Dems are doing --- is patently ridiculous. We discuss. Including with callers. One of whom tells us she also got in trouble regarding classified documents that were accidentally mishandled by someone who worked with her.

• An 11th victim was pronounced dead shortly before airtime today in the mass shooting that took place at a dance hall Lunar New Year celebration in Monterey Park, just east of L.A. over the weekend. One interesting caller tried to make the case that the problem with all of these mass shootings is not semi-automatic weapons with extended magazines that can kill dozens of people within second. The real problem is mental health issues in America, he argued. Our conversation was very interesting, I thought. You'll let me know if you agree.

• Four more Oath Keepers were found guilty today of Seditious Conspiracy for their part in attacking the U.S. Capitol during the insurrection on January 6, 2021. The leader of that conspiracy, however --- the disgraced former President --- has yet to be charged.

• The idiot infamously photographed putting his feet up on the desk in then-House Speaker Nancy Pelosi's office during the Jan. 6 insurrection was found guilty today on all 8 counts on which he was charged after just two hours of jury deliberation. He also brought a weapon into the office with him and stole an envelope. Apparently, the jury didn't buy his "I was just looking for the bathroom" defense.

• A few thoughts on the nearly $1 million in sanctions slapped on Donald Trump and his attorney last week by a federal judge in response to a laughable dismissed-with-prejudice lawsuit filed by the former President against Hillary Clinton, James Comey and more than a dozen other FBI agents and elected officials. The largest single recipient of those sanctions will be Clinton, who Trump will have to give nearly $172,000 to. But Trump's litigation grift continues, as our own Ernie Canning wrote about here earlier this afternoon.

• Another reminder today as to why elections and democracy matter. On Friday, the newly-elected Attorney General and newly-elected Governor in Arizona --- both Democrats for the first time in years --- finally put the state's death penalty on hold, following an horrifically "botched" execution that took more than two hours to complete in 2014. Hopefully, this will eventually result in a full moratorium on the barbaric practice in the state. None of this would have happened had Republicans been elected as Governor or Attorney General last November.

• And, though I don't believe I raised the issue myself today, a caller rang in to explain why Russia's brutal invasion of Ukraine is actually all the fault of the United States...or something. I disagreed and explained why. But, in fairness, as we got to the call very late in the hour, I had to end it much sooner than I would have liked. Hopefully we can pick it up again with more time the next time we're able to open up the phone lines! Always happy to have the conversation and appreciative of all of today's excellent callers!

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"Everything Donald does is transactional," Mary Trump, a licensed psychologist and niece of the disgraced former President has explained.

A scathing federal court decision late last week, awarding nearly one million dollars in sanctions against Don the Con and his attorney in response to just one of his many recent frivolous lawsuits against perceived political enemies, underscores Mary's point. It also details how, since leaving office, 2020's biggest loser has engaged in and continues to engage in a litigation grift.

The withering 46-page order [PDF] handed down last Thursday by U.S. District Court Judge Donald M. Middlebrooks in Donald J. Trump v. Hillary Clinton, et al. does more than explain why the veteran federal jurist awarded an eye-popping $937,989 in attorney's fee sanctions against the former President and his New Jersey lawyer, Alina Habba. The erudite legal ruling also contained an in-depth discussion of more than a half-dozen other deceptive and frivolous lawsuits that this "predator" and "successful sociopath" filed against those he has long hoped to paint as enemies since leaving office.

In an attempt at reversing his more than 7 million vote loss at the polls, Trump and his allies filed and lost 61 out of 62 post-election lawsuits. The cases were so devoid of merit, so replete with deceptive allegations, that many of the former President's attorneys were later confronted with ethics complaints and sanctions ranging from fines, to censure and even disbarment.

In the aftermath of that debacle, a normal, non-sociopathic person would have slunk off towards oblivion, tail between his/her legs. Not The Donald.

From a "transactional" perspective, those 61 "losing" cases were a smashing success. They provided the failed President an opportunity to rake-in $250 million from his gullible "base".

But, along with imposing nearly $1 million in attorney's fees sanctions --- including almost $172,000 that Trump will now have to pay out to perhaps his greatest perceived personal nemesis, Hillary Clinton --- Judge Middlebrooks expressed the need to remediate the harm caused to the 31 named Defendants, whom he regarded as the victims of an "abusive" and "completely frivolous" complaint. His Honor eviscerated Trump's lawsuit as one "that should never have been filed"; a lawsuit that was drafted only "to advance a political narrative; not to address legal harm caused by any Defendant." The veteran and very able jurist also expressed a hope that the eye-popping amount of court sanctions might act as a deterrent.

Nonetheless, as long as Trump's litigation fundraising continues to rake-in enormous sums, it's unlikely that anything short of criminal prosecution for some of his many alleged crimes will ultimately accomplish that worthy goal. Maybe...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Today's BradCast --- from questions about classified Presidential documents to this week's hand-count of 2020 ballots in a swing-state county --- is ultimately about transparency and sunshine as the best disinfectants when it comes to politics and the necessity of public oversight for the health of American democracy. Even when it may seem annoying to some at first blush.

Much of the corporate media has been doing a fairly lousy job of allowing disingenuous rightwing opportunists to turn the recent reported discoveries of some classified documents said to have been found in old boxes at a Joe Biden office and one of residents into the very same thing that Donald Trump is facing potential felony charges for. In his case, any charges will most likely come in response to blatant disregard for the rule of law and the continuing-to-this-day obstruction of justice in his case of thousands of pages of stolen classified documents.

There is little comparison between the two matters, but the comparisons are being made anyway. Sometimes helpfully, sometimes lazily and destructively. In any event, Robert Hur, a former U.S. Attorney appointed by Donald Trump was designated on Thursday by Biden's Attorney General Merrick Garland to serve as Special Counsel in the matter of the Biden documents. That is a good thing, as it will ultimately serve to either expose crimes (unlikely, based on the currently known evidence, but always a good thing if there are any actual crimes) or end with a report from the Special Counsel finding no violations of the law by the President. A normal, non-Special Counsel probe by DoJ would end in either indictments or no comment, allowing false claims to be made forever.

I suspect many Dems will be annoyed by the appointment of a Special Counsel in the Biden case. But it is ultimately be better than the alternative. Transparency, sunshine and independent oversight are always good things.

In a similar vein, the second major story we focus on today involves a hand-count of hand-marked paper ballots from the 2020 Presidential election taking place this week in Lycoming County, Pennsylvania. It's a county where Trump won by more than 40 points in both 2016 and 2020, but where many Republicans have been conned into believing there was some sort of fraud that decreased Trump's win from 44.2 points over Hillary Clinton in 2016 to "only" 41.4 points over Biden in 2020.

There is zero evidence of fraud or programming error or mistally of any kind, but local Republicans --- hoaxed by opportunistic national liars --- have collected thousands of signatures to demand a public hand count. The County's of Board of Supervisors ultimately agreed late last year to allow one.

Some of the few covering the count at all in the national media this week have been snarky, snide or dismissive (MSNBC's Alex Wagner, for example, and the very computer voting and tabulation friendly media outlet VoteBeat). But, as it turns out, the count appears to be going smoothly, is reportedly confirming the original results, and was largely completed in just three days rather than the three weeks VoteBeat had suggested it might take, as they offered readers false and misleading claims about hand-counting. (They believe computers are more reliable for that sort of thing, even though the only way to know if computers have tallied paper ballots accurately is to...hand count them.)

But whether there is legitimate cause to be concerned about the results of a Presidential election two years ago in a far-right leaning swing-state county, and while even a hand-count is unlikely to persuade the most brain-poisoned of Republicans, public oversight of vote counting is ultimately a very good thing for democracy. In fact, in all of my years on this beat, I am convinced it is the only thing that can keep it viable and continuing here in the U.S. As you may have noticed, for good reasons and bad, confidence in democracy and election results have taken quite a beating in this country in recent years. That is good for nobody other than the charlatans and autocrats. Public oversight of election results, on the other hand, particularly if they confirm the original counts, can only help to shore up confidence by the electorate. Democracy needs that to thrive and survive

Once again, sunshine, transparency and oversight to the rescue...whether some may be annoyed by it or not.

Finally, we finish out today with Desi Doyen and our latest Green News Report, including some disturbing new climate data from NOAA and the latest dumb pretend freak-out by Fox "News"...

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It's our first call-in show of the new year on today's BradCast, but we've got a lot of news to get to as well first. [Audio link to full show follows this summary.]

Among the bevy of stuff covered on today's program...

• Thousands in California face mandatory evacuations due to flooding and possible mudslides, with emergency declarations by the state's Governor and President Biden for more than a dozen counties. Some 8 inches of rain drenched some areas over the past 12 hours. A line of repeated deluges are expected to slam the otherwise drought-stricken state over the next week or more.

• Over the weekend, thousands stormed government buildings in Brazil in a January 6, MAGA-style insurrection in support of former President Jair Bolsonaro who recently lost his election to former Brazilian President, Luiz Inácio Lula da Silva (known simply as "Lula" by his countrymen). Bolsonaro has taken refuge near Donald Trump's Mar-a-Lago in Florida, as nearly 1,500 of his supporters were rounded up and arrested after Sunday's attempted coup. Democratic leadership in the White House and Congress condemned the attempt to undermine the peaceful transfer of power in Brazil. Republican leadership had yet to say a word as of airtime today.

• Speaking of Republican "leadership", GOP Rep. Kevin McCarthy gave away the store to his farther right wing late on Friday to finally win the House Speakership after an embarrassing 15 rounds of voting. But at what cost? We discuss a number of his concessions, what they are likely to mean for McCarthy and his party, and for the rest of us going forward, with nation's debt ceiling and much more hanging in the balance. McCarthy's late night victory on Friday, January 6th 2023 (and into the early Saturday morning hours) came two years to the day after the Trump-incited insurrection at the U.S. Capitol. It also came on the evening after Republicans failed to turn out for the second-year anniversary memorial, recognition event on the Capitol steps for 140 law enforcement officials who were injured or died during and after the Republican riot. During McCarthy's acceptance speech as Speaker, he also vowed to defund federal law enforcement. His GOP colleagues cheered in response.

• As the 118th Congress finally got under way on Monday, Republicans are expected to use their very slim majority to investigate Joe Biden's family and the so-called "weaponization of the federal government" against Twitter and other social media outlets...ironically enough, from during the time that Trump controlled the FBI. As explained on today's show today briefly (and I suspect we'll have to offer more details in the weeks and months ahead), claims being made by the liars on the Right (and a few misled and/or confused folks on the Left, sadly) that "Twitter was paid to practice censorship by the government and ban people the government did not like," is evidence-free nonsense. But you'll be hearing a lot of those false claims, as based on the so-called "Twitter Files" they misleadingly cite as evidence. That, even though the files in question, at least to date, reveal nothing of the sort.

• Relatedly, at least one of the far-right Freedom Caucus Members, its chair, Rep. Scott Perry (R-PA), hopes to sit on a new Congressional Committee to investigate the federal investigators probing Donald Trump's many crimes related to his attempt to steal the 2020 Presidential election and his theft of classified White House documents. That, even though Perry has had his phone confiscated as evidence by the FBI and faces potential criminal charges for his role in the J6 insurrection. He sees no conflict of interest in sitting on that Congressional panel.

• In Michigan on Friday, Attorney General Dana Nessel, tired of waiting for the Feds to act, has announced plans to reopen her own investigation into the fake electors plot in her state after referring the matter to the U.S. Dept. of Justice one year ago.

• And in Georgia, the Special Grand Jury convened by Fulton County District Attorney Fani Willis has now wrapped up its work. According to a state judge, they have delivered their report on who, if anyone, should be indicted in the broad conspiracy led by Donald Trump and many of his top supporters to strong-arm state officials into overturning the election he lost there in 2020. Special Grand Juries in the state may not issue not issue indictments. So Willis must now decide if she wishes to seek indictments from a regular grand jury, and the judge overseeing the matter must decide if the Special Grand Jury's report should be publicly released, as they have requested.

• Finally, callers ring in on all of the above and more for the first time since the turn of the new year!...

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It's January 6 again, so our "weird annual tradition," as our guest describes it today, continues on The BradCast. Sadly, so does the GOP's continuing threat to American democracy, two years after the deadly assault at the U.S. Capitol. [Audio link to full show follows below this summary.]

First up, it is also Day 4 of the House Republicans' failures to select a Speaker. There were some breakthroughs for GOP leader Kevin McCarthy on Friday, however, after 13 unsuccessful ballots (for the first time in 134 years). His desperation to give away pretty much everything in exchange for winning the weakest Speakership in history earned him another 15 votes or so from his GOP opponents. And, with that, he was finally able to get more votes than Democratic House leader Hakeem Jeffries. Nonetheless, he was still shy of a majority as we went to air today. So, the "Never Kevins" are still winning the day and the 118th Congress is still unable to get underway.

As one Democratic member, elected last November for a third term, noted about his time, so far, in Congress: "1st term started with a GOP-led govt shutdown. 2nd term started with a deadly insurrection incited by the former Republican president. And my 3rd term has yet to begin due to @HouseGOP’s failure to elect a speaker. Notice a pattern?"

All of this on the second anniversary of the deadly, Donald Trump-incited insurrection at the U.S. Capitol back in 2021, as one of his last, desperate, failed attempts to steal the Presidency from the American people.

A memorial was held by House Democrats outside the Capitol today, in remembrance of those law enforcement officials who lost their lives while, and just after, defending it on January 6, 2021. We observed no Republicans at the ceremony.

At the White House, President Biden marked the occasion by awarding 14 individuals with the Presidential Citizens Medal. The awardees including three law enforcement officials who lost their lives and five who were critically injured that day. Also, a collection of bipartisan election officials, poll workers and others who defended the 2020 election at great personal threat, after being personally targeted by the former President of the United States and his supporters were honored as well. We share an excerpt from Biden's remarks today on the need to continue defending democracy and recognizing those who "stand watch" over it.

Finally, our "weird annual tradition" of visiting with the author and longtime Philadelphia Inquirer national columnist WILL BUNCH on January 6 continues today. He was with us on the program as the Capitol was under attack back in 2021, initially to talk about a different insurrection of sorts by Republicans at the state Senate in Pennsylvania.

Today was the third January 6 in a row he was able to be with us, and we focused today on the still-missing accountability for the ringleaders of the 1/6/21 attack, and on his latest column tying together that assault on democracy with this past week's GOP chaos and failure to select a Speaker in the U.S. House. They are all, it seems, of a piece, suggests Bunch, noting "the irony of this going on during the January 6 anniversary."

"No matter what sound minds want to get done, this band of obstructionists is in control," he argues. Citing them as "the spoiled children of Trumpism," Bunch says, "I would call them nihilists. They really believe in nothing other than their own air time, raising their own profile."

"Everybody in this [GOP House] leadership group voted to throw out people's votes in the 2020 election," Bunch, a resident of Pennsylvania, whose vote they tried to steal from him on January 6, 2021, notes. And it's not only those who tried to undermine democracy two years ago who have still failed to be held accountable. "The five freshmen who voted against McCarthy all ran as Trumpified election deniers."

"I mean, is it against the law to overthrow the government or not?," Bunch quips today, only somewhat rhetorically.

"The common thread is minority rule," he goes on to observe. "They believe they have some kind of divine right. It's really linked to these hierarchies of American life --- white supremacy, or white privilege, the patriarchy and other things. Running for office as the protectors of that. You're not going to do anything affirmatively to help people. You're just going to stop these people you see as destroyers of your way of life, your culture. It doesn't matter who gets the most votes, because the culture is more important than democracy. I think that motivates these people."

We discuss all of that and much more, as both Bunch and I share our frustration and hope that those who created all of these messes may finally face accountability some day soon...

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The violence was no accident. It was not a peaceful protest that spun out of control. Instead, as Rep. Elizabeth Cheney (R-WY) observed, in explaining her Jan. 11, 2021 vote to impeach, a then "President of the United States summoned the mob, assembled the mob, and lit the flame for this attack." It was, by the former President's deliberate design, a violent insurrection.

In its Executive Summary [PDF] released last week, the bipartisan House Select Committee to Investigate the January 6th Attack on the United States Capitol amplified its referral to the U.S. Department of Justice for potential prosecution of former President Donald J. Trump et al. under provisions of 18 U.S.C. §2383 - Rebellion or Insurrection, which expressly applies to anyone who "incites" an insurrection.

"A Federal Court", the Committee observed, "has already concluded that President Trump's statements during his Ellipse speech were "plausibly words of incitement not protected by the First Amendment."

Those "words", uttered by the then President on January 6, 2021 at what was billed as a "Stop the Steal Rally" at the Ellipse near the White House, included 22 occasions in which Trump urged his supporters to "fight". He told them: "We fight like hell. And if you don't fight like hell, you're not going to have a country anymore." Trump offered those words to an angry, armed mob gathered in D.C. that morning after his lawyer, Rudy Giuliani, at the same rally, called for "trial by combat."

While not mentioned in the Committee report's Executive Summary, the video recordings of the rally reflect that, as the former President was speaking, the crowd chanted: "Fight for Trump! Fight for Trump!"

Trump knew those he'd summoned to Washington D.C. on Jan. 6 were both armed and dangerous. According to Cassidy Hutchinson, an aide to then Chief of Staff Mark Meadows and one of the J6 Committee's star witnesses, Trump became irate when "thousands would not pass through the magnetometers" at the rally site, which had been erected by the Secret Service for his protection. She testified that the former President said: "I don't F'ing care that they have weapons. They're not here to hurt me."

Given the totality of the evidence assembled by the Committee over the past 18 months, detailing Trump's multifaceted effort to overturn and steal the election from the American people in order to retain the Presidency, a prosecutor would be well positioned to argue that, when Trump directed thousands of angry and armed supporters to move to the Capitol, he was extolling them to essentially carry out a violent coup and that the words uttered at the Ellipse were, indeed, "incitement" within the meaning of the Insurrection statute.

Indeed, his reported irate antics in response to his Secret Service detail's refusal to permit him to accompany the mob at the Capitol, suggests that the former President saw his own role as that of an insurrectionist Commander in Chief --- someone who could direct the actions of an armed mob that included members of extremist militias clad in tactical gear.

As defined by the U.S. Supreme Court in Brandenburg v. Ohio (1969), however, speech is prohibited only where it is (1) "directed at inciting or producing imminent lawless action", and (2) "likely to incite or produce such action." [Emphasis added.]

That definition provides room for Trump's legal counsel to argue the former President merely told the crowd to "go to the Capitol"; that it wasn't an incitement to "imminent" violence.

However, that plausible defense evaporated on Jan. 6, 2021 at 2:24 p.m. when Trump tweeted...