Democratic voters, it seems, are an easily spooked bunch. A few bad polls and some seem ready to all but throw in the towel on the November midterms. But now is not the time for that sort of thinking. As discussed on today's BradCast, there is simply too much at stake this year --- Constitutional freedoms, democracy itself, survival on Planet Earth, just to name a few --- to get sidetracked by despair. To paraphrase Obama, don't boo-hoo! Vote! (And make sure everyone else you know does the same!) [Audio link to full show follows this summary.]

It was always gonna be an uphill fight this year. It still is. But it makes no sense to wallow. It does make sense to get to work. As President Biden correctly noted this afternoon, "Today we face an inflection point, one of those moments that only come around every several generations where there's so much change happening --- technologically, politically, and socially --- that the decisions we make now are going to determine the future of our nation and the future of your generation for the next 30 or more years."

With all of that in mind, these are among the stories covered on today's program...

• Breaking just before airtime: Special Counsel John Durham --- tapped by Donald Trump and Bill Barr to investigate the investigators who investigated Russia's interference in the 2016 election --- is now 0 for 2 in Court. Igor Danchenko, said to have been a primary source for the so-called "Steel dossier", was charged in Durham's probe with five counts of lying to the FBI. He was acquitted today by a jury on all charges. He was the second to be indicted by Durham and then fully exonerated at trial. Even more humiliating for Durham: he personally handled most of the argument and questioning in court and reportedly ended up being rebuffed by his own witnesses who provided support for the defense. Worse, Danchenko, a Russian citizen living in the U.S., was reportedly "a treasured FBI informant" whose indictment "hurt U.S. national security."

• Last week we detailed the five U.S. Senate seats that could plausibly be flipped this year from Republican to Democratic (in PA, OH, WI, NC and FL) and the two Democratic seats that could plausibly be won by Republicans (in NV and GA). At the end of yesterday's show, however, we added another to the Plausible Red to Blue list when the "gold standard" Des Moines Register poll over the weekend found Iowa's 89-year old, 7-term Republican Senator Chuck Grassley to be just three points ahead of his Democratic challenger Mike Franken. Today, there's yet another Republican Senate seat said to be in jeopardy --- in deep red Utah of all places! According to two different polls, independent candidate Evan McMullin is said to be in a dead heat with GOP Senator Presidential election theft enthusiast and not Trump "bootlicker" Mike Lee. On Monday, the two sparred in their only debate. It didn't go all that well for Lee.

• On Monday, the Biden Administration opened its student loan forgiveness program at StudentAid.gov. The process has reportedly already served some 12 million applicants who may be forgiven for as much as $20,000 in debt. The process to apply reportedly takes no more than five minutes. All that is needed is a name, birthdate and social security number. The government will supposedly take care of the rest. At the same time, Republicans are suing to block Biden's program, created via Executive Order. But if they believe it's truly illegal, as Slate's Mark Joseph Stern observes today, they should introduce a bill to force those who received debt forgiveness to pay the money back. Do you think Republicans will do so?

• On Tuesday, President Biden spoke at a DNC event and vowed to codify the Constitutional rights and freedoms previously guaranteed by Roe v. Wade into federal law as his first order of business in January, after our corrupt, stolen and packed Republican Supreme Court majority took privacy rights and reproductive freedoms away from Americans last June. We share Biden's remarks today. But, in order to enact those protections, as he points out, Dems will need to hold their House majority and pick up at least two more Democratic Senators willing to reform the undemocratic Senate filibuster rule in November. If that happens, not only can abortion and privacy rights be protected by federal law, but voting rights can be expanded and protected, and the corrupt Supreme Court itself can be expanded and un-corrupted. But, again, if that's what you'd like to see, you better to get to work between now and November 8!

• Finally, Desi Doyen joins us for our latest Green News Report, with news on how GOP rollbacks to climate policies made things worse for Florida; how the Pacific Northwest is facing record heat and wildfires in mid-October(!); how FL's Sen. Rick Scott wants the government to do less for disaster victims; and how a can of soup and a priceless Van Gogh have sparked debate over climate protest tactics...

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It was a very bad day for our disgraced former President. So, it was a good day for the nation and for today's special BradCast coverage of what is likely to be the final public hearing of the bipartisan U.S. House Select Committee investigating the Trump-incited insurrection of January 6, 2021 and his many failed attempts to steal the 2020 Presidential election. [Audio link to full show follows this summary.]

The Committee on Thursday presented both new video footage and documents obtained since their last public hearing back in July. Among the new video: Chilling footage of Democratic and Republican lawmakers attempting to fill the leadership gap left by the President during the three hours the Capitol was under siege while Donald Trump sat in the White House dining room watching Fox "News" coverage of the violence he sparked unfolding.

Among the new documents: email and chat messages from the Secret Service revealing they knew damned well about the threat of violence on Jan. 6, long prior to the insurrection. Also: more evidence from well before Election Day revealing Trump planned to falsely claim the election was stolen from him, and that he knew damned well that he lost and there was no evidence of election-changing fraud.

But, of course, the biggest news from Thursday's hearing was the panel's unanimous, 9 to 0 vote taken at the end to subpoena documents and under-oath testimony from the ringleader of the riot.

"Our duty today is to our country and our children and our Constitution. We are obligated to seek answers from the man who set this all in motion, and every American is entitled to those answers so we can act now to protect our republic," explained Republican Vice Chair Rep. Liz Cheney, introducing the motion. "So, this afternoon I am offering this resolution that the Committee direct the Chairman to issue a subpoena for relevant documents and testimony under oath from Donald John Trump in connection with the January 6th attack on the United States Capitol."

That wasn't the only bad news for the disgraced former President today. As the hearing was playing out, his corrupt, stolen and packed U.S. Supreme Court majority rejected his emergency motion regarding the classified documents he stole from the White House and retrieved by the FBI from Mar-a-Lago in early August. The High Court nixed, without comment, his appeal of a lower court ruling that blocked the documents marked as classified from a privilege review by a Special Master.

All of that came the day after Washington Post and New York Times each published stories last night reporting that a Trump employee was captured on security camera video from inside Mar-a-Lago moving boxes of documents both in and out of a storage room both before and after Trump had been subpoenaed by the Dept. of Justice earlier this year for the return of all documents that he had stolen from the White House upon leaving office. The reports allege that the employee is said to be cooperating with DoJ, at least to some extent, and was ordered to move the documents by Trump himself.

Like I said, a bad day for Trump...but a great day for everyone else!

Joining us for a very lively conversation attempting to make sense of all of this madness and much more today in our Special Coverage, are HEATHER DIGBY PARTON of Salon and Hullabaloo and 'DRIFTGLASS' of the Professional Left Podcast. And while both of them have been right about pretty much everything over the last 20 years, they disagree today on whether Trump will actually answer that Congressional subpoena to testify. Tune in to find out why.

As usual, they offer smart insight today on the new video footage and many other fresh revelations from this afternoon's J6 hearing, and we discuss whether Trump will now finally be indicted; on which of the several different criminal investigations he's now facing; and when such charges will --- or won't --- finally come...

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As noted on today's BradCast, we generally cover the track conditions of our elections more than the actual horse races. We do so again today. But, as it turns out, Dems have put up some pretty good horses this year. We cover a couple of them today as well. [Audio link to full show is posted below this summary.]

First, track conditions...

The corrupt, stolen and packed rightwing U.S. Supreme Court majority on Tuesday overturned an appeals court ruling which had found that both the landmark Civil Rights Act of 1964 and Pennsylvania law mandates that legitimately voted ballots may not be invalidated due to minor errors that are "immaterial" to determining voter qualification. In this case, the question was about absentee ballots where voters had forgotten to fill in the date on the ballot's outer envelope. The activists on SCOTUS, however, held today that such ballots may not be counted this November, despite the Civil Rights Act provision that previously ended the Jim Crow era's use of immaterial errors to invalidate perfectly legitimate votes.

Also, FBI officials say they have identified no credible threats to U.S. election systems this year, despite efforts by some foreign adversaries, including Russia, to sow doubt about fraud. But do these officials understand the actual threats now posed to our non-transparent, easily manipulated and error-prone computerized voting and tabulation systems? Do they appreciate the increased threat level thanks to recent breaches of election management systems by MAGA conspiracy theorists in several states following the former President's false claims of fraud?

While the Trump-appointed FBI Director Christopher Wray seems to falsely suggest there are similar domestic threats of violence from "both sides" following the 2020 election and the SCOTUS ruling on Roe v. Wade, the federal Elections Threat Task Force, launched last year by the Dept. of Justice, seems to finally be taking at least some action in response to the thousands of violent threats made by rightwingers against election officials and poll workers following the last Presidential election.

Next, horse races...

During a U.S. Senate debate in Ohio on Monday night, Democratic candidate Rep. Tim Ryan called out his Republican opponent, author J.D. Vance, for running a fake non-profit charity to support opioid addicts; defending January 6 insurrectionists; and for giving up his "dignity" to Trump who said about Vance at a recent rally in Youngstown: "All you do is kiss my ass to get my support," before Vance went on to pose for pictures with the disgraced former President. "Ohio needs an ass-kicker, not an ass-kisser," said Ryan in response.

In Wisconsin's U.S.. Senate race, Democratic Lt. Gov. Mandela Barnes was similarly ass-kicking in his debate against incumbent Republican Sen. Ron Johnson. Barnes called out the Badger State GOPer for supporting the January 6 insurrection while claiming to support police, despite the serious injuries to more than 140 law enforcement officials that day. Barnes also made clear he would vote to codify the rights of Roe v. Wade into federal law, and made a very impressive showing against Johnson.

Both races are currently neck and neck, and are among at least five Senate races this year (along with Pennsylvania, North Carolina and even Florida) where Dems have real shots at flipping currently GOP-held seats from "red" to "blue". That, by way of contrast with Republicans who are looking at just two states (Nevada and Georgia), where they stand any real chance, generally speaking, of flipping a Senate seat from "blue" to "red" this year --- at least if you have any confidence in this year's pre-election polling.

Finally...

Desi Doyen joins us for our latest Green News Report, underscoring, yet again, the stakes of this year's critical midterms following the devastation of Hurricane Ian in Florida; consequences of our worsening climate crisis around the world; and the Governor of California's new effort to hold Big Oil accountable for price gouging...

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What's left of the Voting Rights Act is in danger yet again, thanks to the Republicans' stolen and packed U.S. Supreme Court majority. But this time, as we report on today's BradCast, the VRA has a new champion on the Court who seems to know how to speak in terms that even corrupt GOP Justices may have a difficult time ignoring. [Audio link to full show is posted below this summary.]

First up today, however, the continuing fallout from Monday's Daily Beast exclusive revealing that Georgia's Republican U.S. Senate nominee and accomplished liar, Hershel Walker, urged a girlfriend to have an abortion in 2009 and paid for the procedure himself. That, despite Walker's staunchly "pro-life" claims and campaign opposition to any and all abortions without exception, even in cases of rape, incest and the life of the mother.

The blockbuster story has rocked GOP hopes of flipping the Peach State Senate seat currently occupied by Democratic Sen. Rev. Raphael Warnock from "blue" to "red" in November and, if true (Walker "flat out" denies the allegations) reveals the former football pro to be an extraordinary hypocrite. More staggering than that, however, is the hypocrisy currently on display by Republican leaders who are standing behind Walker despite the well-documented reporting, revealing that they never actually gave a damn about abortion in the first place. As MSNBC's Chris Hayes correctly observed on Twitter: "I just want to be clear that in the moral cosmology of Herschel Walker and Republicans the accusation is that he paid to have his child murdered."

No worries! According to new reporting, Republicans knew about the allegations long ago and just hoped they wouldn't come to light before November. But now that it has, as we detail today, longtime GOP leaders, pundits and media influencers --- who have long claimed to be "family values" "conservatives" who believe abortion is "murder" --- have come up with all sorts of ways to justify their continued support of Walker because they believe they need him to win back a Senate majority next month.

Next: As detailed on yesterday's program, Ketanji Brown Jackson, the U.S. Supreme Court's newest Justice, made a splash during the Court's first day of oral argument in the new term on Monday, in her response to a rightwing challenge to the EPA's authority to regulate water under the Clean Water Act. On Tuesday, KBJ was spectacular once again during a rightwing challenge to provisions barring racial discrimination in voting under the landmark Voting Rights Act of 1965.

KBJ may have out-foxed fellow SCOTUS colleagues in her defense of the VRA, using an "originalist" defense for consideration of race in voting laws. We share the heart of her brilliant argument today, in detailing the Alabama case before the Court. Merrill v. Milligan challenges a unanimous appeals court ruling that the state's Republican legislature violated the Constitution and Section 2 of the VRA by creating just one Congressional District out of seven in the state, in which black voters would be able to select a candidate of their choosing following 2020 Census redistricting. That, despite the fact that more than a quarter of the state's population is black.

The Court of Appeals ordered AL to create a second majority-minority Congressional District in time for the 2022 elections. Instead, state Republicans challenged the ruling at SCOTUS, which, in February, put the lower court's ruling on hold until they could hear the case. (They also blocked a similar ruling in Louisiana, where state lawmakers were also ordered to create a second majority black Congressional District.)

In February, after the dubious SCOTUS ruling that would essentially steal a Congressional seat in AL (and in LA) for Republicans in the 2022 elections, we were joined to discuss it by DAN VICUÑA, longtime National Redistricting Manager at Common Cause. He joins us again today to discuss Tuesday's hearing at SCOTUS; KBJ's ingenious defense of "race conscious" Congressional map-making in response to AL's claim that redistricting should be "race neutral" despite mandates of the VRA and the Civil War's reconstructionist Constitutional Amendments that it is meant to enforce; and what the various potential rulings by the Court's corrupt, far-right super-majority may mean for the future of what is left of the VRA.

"What Alabama is seeking is a fairly radical change to the law and current Supreme Court jurisprudence," Vicuña explains. "It's essentially asking the court to allow a 'race-neutral' drawing of districts. And, as long as you are 'race neutral', it doesn't really matter if a community of color [is] allowed to elect their candidate of choice. They're basically saying the black community in Alabama could have no districts in which they elect their candidate of choice unless it was drawn in a so-called 'race neutral' way. It's a huge change, and I think Justice Jackson was rightfully pushing back in a forceful manner on what would be a significant change and blow to voting rights."

In her argument during Tuesday's hearing, Jackson went back to what the original framers of the Reconstruction-era 14th and 15th Amendments argued at the time of their adoption. And it appears to be the opposite of what AL is now arguing in court. In recent years, Republicans have claimed to support a so-called "originalist" legal theory when determining the Constitutionality of various laws. But now that KBJ has handed them such a theory for defending the VRA, it will be interesting to see if she helps to peel off enough rightwing Justices to stave off this latest attack on the nation's critical voter protection law.

Finally today, there was another procedural win handed down to the Dept. of Justice from the 11th Circuit Court of Appeals in the criminal investigation of Donald Trump's theft of thousands of documents retrieved by the FBI from Mar-a-Lago in August...

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It's another 10-pound show in another 5-pound BradCast today. [Audio link to full show is posted below this summary.]

Among the many stories covered...

• A state police detective in Michigan, according to email obtained by Reuters, recommends criminal charges be brought against Stephanie Scott, a Republican Michigan township clerk, for yet another breach of yet another voting tabulator and for allegedly giving a database of confidential voter data to a fellow 2020 election conspiracist. The media outlet reports there have been at least 18 similar breaches or attempted breaches of voting systems across the country by sore loser election deniers, including 12 in MI alone. Separately, a state Special Prosecutor is currently investigating nine people "for an alleged conspiracy to gain unauthorized access to voting equipment in a case that involves alleged breaches across the state." One of those under investigation is the GOP's Attorney General nominee Matt DePerno.

• Speaking of 2020 election conspiracists, pillow salesman Mike Lindell's petition to the U.S. Supreme Court was rejected on Monday. He was seeking to challenge one of two defamation suits filed against him by a voting machine company, in this case, Dominion, which he baselessly accused of helping to steal the 2020 election from Donald Trump. Lindell had been hoping to change long-standing federal law regarding defamation suits brought by public figures. SCOTUS rejected him. So the previous ruling in the matter, by a Trump-appointed federal District Court judge in D.C., means that Dominion's $1.3 defamation suit against Lindell may now move forward to discovery and trial. (Along with several other defamation lawsuits against a bunch of Lindell's fellow GOP election fraudsters and rightwing media outlets.)

• Speaking of SCOTUS, Monday was the first day of their new term. It included oral argument in a case challenging the EPA's authority to regulate the waters of the United States under the Clean Water Act. It was also the first oral argument to feature the Court's newest member, Justice Ketanji Brown Jackson. By all reports and audio evidence, she kicked ass. We detail the case and explain KBJ's awesome first day performance.

• Speaking of asses, Donald Trump filed an emergency request to SCOTUS on Tuesday, seeking their intervention in his dispute over hundreds of pages of stolen documents marked as classified that were retrieved by the FBI from Mar-a-Lago as part of the DoJ's criminal probe into the former President's apparent violations of the Espionage Act and other federal statutes. Trump's filing comes just days after a three-judge panel on the 11th Circuit Court of Appeals (featuring two Trump appointees), dismembered a lower court ruling by another Trump judge who is corruptly attempting to stall the investigation with her appointment of a Special Master to review the documents in question.

• Next up, the pathetic story that broke over the last 24 hours regarding Republican U.S. Senate nominee, former football hero and seemingly mentally unstable liar, Herschel Walker. He is running to unseat incumbent Democratic Sen. Raphael Warnock in Georgia next month. On Monday night, The Daily Beast's Roger Sollenberger reported that Walker --- who is running, in no small part, on claims to oppose abortion in every instance, without exceptions for rape, incest or the life of the mother (which he called "excuses") --- paid for a girlfriend to have an abortion in 2009. Sollenberger appears to, literally, have the receipts to prove it. But, even as Walker was flatly denying the charges on Fox "News" on Monday night and vowing to sue The Daily Beast for defamation, one of his adult children lit up a Twitter storm with an astonishing rant, characterizing his father as a liar and hypocrite and anything but a "family man." Christian Walker charged, among many other things, that his father committed "atrocities" against his mom. She charged years ago, on CNN, that Walker held a gun to her head "and said he was gonna blow my brains out." Incredibly enough, prior to the hectic revelations of the last 24 hours, and despite a long list of proven lies told by Walker, the GOP nominee was virtually tied in pre-election polling with Warnock in GA, for reasons that, as we discuss, are difficult to even fathom.

• Finally, Desi Doyen joins us for our latest Green News Report, with updates on Hurricane Ian's catastrophic damage and death toll in Florida; Biden's visit to Puerto Rico in the wake of Hurricane Fiona; and the SCOTUS case heard on Monday challenging the EPA's power to enforce the Clean Water Act...

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On today's BradCast, we try to keep up with the damage caused both by Hurricane Ian and by the former President's team of fraudsters. [Audio link to full show follows below this summary.]

We begin with a quick update on the still-unfolding devastation of Ian in Florida. After having crossed back into the Atlantic, the storm has gained strength and hurricane status again. It is now aiming for another landfall, this time in South Carolina on Friday. After that, we check in with an old friend who rode the storm out this week in the Sunshine State.

We're joined today from southeast Florida by NICOLE SANDLER of The Nicole Sandler Show --- and, too-occasionally, of The BradCast, where she is kind enough to serve as our guest host from time to time. Nicole tells us she "got really lucky" this time, as she lives in one of the few areas of Florida which wasn't pummeled by a direct hit from Ian, though she reports it still got very wet and windy even where she is.

Naturally, in addition to the weather, we discussed the politics --- including the climate change politics (or, more aptly, the climate change denialist politics) --- of Florida Republicans like Gov. Ron DeSantis, who famously voted against federal aid for Superstorm Sandy when he first arrived as a freshman Congressman in 2013 "before Donald Trump plucked him from the back-bench of Congress where he wallowed in obscurity." What impact will Ian have on DeSantis' re-election hopes against his Democratic challenger this year, former Gov. Charlie Crist? It's too early to say, she notes, but "at least he's not bad-mouthing the President as he takes the money that President Biden has been so freely offering."

And what of Rep. Val Demings' challenge for Florida's U.S. Senate seat currently occupied by Marco Rubio? There is, of course, much to discuss with our old friend today, including the seven Republican U.S. House Members and one U.S. Senator from Florida who have, collectively, accepted more than a million dollars from fossil fuel industry donors, as they try to block the Securities and Exchange Commission from requiring public companies to reveal the financial risks that our climate crisis now poses to their businesses. DeSantis himself, whose own re-election campaign has taken more than $800,000 from the industry, has even gone so far, according to The Lever today, to "spearhead an initiative to bar his state from considering environmental factors such as climate risks in its investment of billions of dollars of retirement savings of teachers, firefighters, and other government workers."

Will this week's climate change-intensified storm change those politics in any way?

Then, from keeping up with Ian, we try to keep up with the attempts at legal accountability for Donald Trump's merry band of GOP "voter fraud" fraudsters. Among our related stories on that today...

• The election worker in Michigan who was charged this week with tampering with voting equipment after he was seen inserting a USB drive into an electronic pollbook system at the polls during the state's August primary.
• Disgraced trump attorney Sidney Powell saw her counter-suit against Dominion Voting Systems tossed by a Trump-appointed federal judge on Wednesday. Dominion is suing Powell in a $1.3 billion defamation suit. The company's complaint is moving forward. Powell's counter-complaint, as of Wednesday, is not.
• And, a federal judge (in this case, one appointed by Ronald Reagan), ruled that a defamation lawsuit against Fox "News" and its former host Lou Dobbs may move forward to the discovery phase. This week, the judge rejected a motion by Fox and Dobbs to toss the case filed against them by a Venezuelan businessman who Dobbs had accused of executing an "electoral 9/11" in 2020, falsely charging the man was somehow linked to Hezbollah and somehow rigged voting systems from both Smartmatic and Dominion to steal the election from Trump.

Next, Desi Doyen joins us for our latest Green News Report, with more on the widespread damage and records smashed by the climate change-fueled Hurricane Ian; a legislative crash and burn for Sen. Joe Manchin this week; a new criminal probe for CA's largest and most corrupt power utility; and the mysterious breaches of the Russian natural gas pipelines to Germany.

Finally, as if that's all not enough, some breaking news at the end of today's show. The wildly corrupt Trump-appointed judge overseeing the former President's attempt to quash the DoJ's criminal probe investigating thousands of documents he stole from the White House and stored at Mar-a-Lago, issued another insane ruling in Trump's favor. This time, she overruled the Special Master --- the chosen by Trump and appointed by her --- who had ordered Trump's attorneys to offer evidence to back up Trump's claims that documents were planted by the FBI and/or declassified by Trump before he took them from the White House. Judge Aileen Cannon also pushed back the deadline for Special Master Raymond Dearie to complete his work until mid-December, despite Dearie's plan to complete his review of the documents in question by mid-October...

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If you're dumb enough to fall for the disgraced former President's evidence-free claims that the 2020 election was stolen from him, you probably deserve whatever nightmares are coming for you. We cover at least three of those dumb dupes on today's BradCast. [Audio link to today's full show follows below this summary.]

• It's been a really really bad week for failed President and 2020 election conspiracist Donald Trump. His hand-picked Special Master in the Mar-a-Lago stolen documents case has been doing him no favors. And, yesterday, Trump and his kids and his company were slammed with a massive $250 million fraud lawsuit by the state of New York which may end his ability to do business in the state ever again. And, just a few hours later, a three-judge panel on the 11th Circuit Court of Appeals, including two Trump-appointed judges, unanimously sided with the Dept. of Justice in a no-uncertain-terms rebuke of Trump's claim's that the classified documents he stole from the White House somehow belong to him, and to the dumb and/or corrupt U.S. District Court Judge who facilitated his ridiculous legal challenge. And no, despite what The Former Guy tried to tell Sean Hannity last night, a President can't simply declassify documents with his mind. But, even if he could, as the 11th Circuit Court helpfully pointed out in their scathing ruling [PDF], the classified status of the stolen documents retrieved from Mar-a-Lago is little more than a "red herring".

• It's also been a really really bad week for pillow salesman and 2020 election conspiracist Mike Lindell. On Monday, a federal court in Minnesota denied Lindell and his company's motions to dismiss the massive defamation suit filed against them by Smartmatic, a voting system vendor. The next day, Lindell tried to get himself a similar deal to the one that Trump got in that destined-to-fail Mar-a-Lago lawsuit by filing a lawsuit against the Dept. of Justice, seeking to get his cell phone back. FBI official seized Lindell's phone last week while he was at a fast-food restaurant drive-thru, based on a probable cause search warrant. Lindell's own destined-to-fail lawsuit filing included a copy of the FBI's search warrant, revealing that the bedding magnate is being investigated for identity theft and intentional damage to a protected computer related to the breach of Dominion voting system software in Mesa County, Colorado by its indicted County Clerk, Tina Peters. Lots to explain here. We give you the full story.

• As to 2020 election conspiracist and far-right Republican activist Ginni Thomas, wife of far-right Republican activist Supreme Court Justice Clarence Thomas, her bad weeks may just be beginning. Hopefully. Four months ago, it was revealed that that she actively lobbied Trump's then White House Chief of Staff Mark Meadows, a corrupt Trump lawyer named John Eastman, and several state lawmakers in battleground states to help steal the 2020 election for Trump. On Wednesday, Ginni's attorney announced that she has finally agreed to give testimony to the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's multiple failed attempts to steal the election. It is unclear when Thomas' will be interviewed, though the agreement comes months after she had originally claimed to be eager to "clear up misconceptions" about her role in trying to help steal the 2020 election. In related news, the J6 Committee is currently scheduled to hold what may be their last public hearing next week, before releasing their final report at year's end.

• In news that is far less stupid, though also related to much of the above, U.S. Attorney General Merrick Garland offered incredibly moving remarks (video, transcript) at Ellis Island in New York last week at the swearing in ceremony for 200 new American citizens. The A.G. had a difficult time holding himself together as he recounted his family's history of coming to America while attempting to escape the Holocaust. But it was his telling remarks on "the rule of law" and "the promise of equal justice under law" that may offer clues about what is likely to happen in the days ahead, at a moment when he is almost certainly deciding whether or not to indict a former President of the United States for the first time in history.

• Finally, Desi Doyen joins us for our latest Green News Report, as Climate Week unfolds in New York during the United Nations General Assembly. She has coverage of the UN Sec. General's call for the fossil fuel industry to pay up for its unspeakable damage across the globe; the continuing toll of Hurricane Fiona in Puerto Rico; and some good news on the first climate change treaty in decades to actually be adopted by the U.S. Senate.

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The first of many hammers to come on Donald Trump's years of lying, grifting and defrauding the American people and the world came down today in New York, as detailed on today's BradCast. [Audio link to full show follows below this summary.]

According to New York Attorney General Letitia James on Wednesday, the former President falsely inflated his net worth by billions of dollars over many years in wildly fraudulent financial statements that allowed him to unlawfully obtain bank loans as well as tax and insurance benefits he had not earned.

"Claiming you have money that you do not have does not amount to 'The Art of the Deal.' It's the art of the steal," alleged James near the end of her announcement this afternoon, detailing "astounding" financial falsehoods which Trump employed over decades. "There cannot be different rules for different people in this country or in this state, and former Presidents are no different. And so, today, we're making good on that promise, on our commitment, because no one --- no one --- is above the law," she said.

After a three-year probe, James filed a 222-page lawsuit [PDF] in New York state court against Trump and the Trump Organization, as well as his three oldest children, Eric, Don Jr. and Ivanka. The company's longtime Chief Financial Officer, Allen Weisselberg and its Controller Jeffrey McConney were also named as defendants.

The A.G. detailed dozens of flagrant incidents of "staggering" fraud in her civil suit. It seeks to "permanently bar Mr. Trump, Donald Trump, Jr., Ivanka Trump, and Eric Trump from serving as an officer or director in any New York corporation or similar business entity registered and/or licensed in New York state" and "bar Mr. Trump and the Trump Organization from entering into any New York real estate acquisitions for five years." The suit also seeks to disgorge some $250 million, the estimated "financial benefits obtained through the persistent fraudulent practices."

Moreover, James said that many of the violations of law detailed in her case are not only civil, but also criminal She has now referred those charges to both state and federal authorities at the Manhattan District Attorney's office, the IRS, and the U.S. Attorney's office in the Southern District of New York.

Among the many fraudulent practices employed by Trump to inflate his self-worth, as detailed by James at her presser today, was his claim that his 11,000 square foot penthouse apartment at Trump Tower was actually 30,000 square feet. By falsely more than tripling the size of the apartment, he was able to value it at $327 million, far more, according to James, than any apartment has ever sold for in New York City. It was an overstatement, as Weisselberg conceded during his deposition, of "give or take" $200 million.

As James' office noted in their announcement of the suit today, Trump also lied about dozens of other properties, including Mar-a-Lago, which he valued in financial statements "as high as $739 million" when, in fact it "should have been valued at closer to $75 million."

But there is more. Much. All of which allowed the disgraced former President and TV star to inflate his net worth by billions of dollars in recent decades. We share the bulk of James' statement on today's show, in case you missed it. It was, at times, breathtaking.

We're joined today by accountability and national security journalist MARCY WHEELER of Emptywheel to discuss Jame's long-awaited civil suit in the Empire State and several of the many other ongoing criminal investigations bearing down on Trump elsewhere.

"It's important for people to remember that with this [case in New York], as with all of Trump's legal exposure, this stuff takes time," Wheeler cautions, explaining that Trump is going to do everything possible to stall the A.G.'s lawsuit, as he does with everything else. "So, it's not like tomorrow he's going to be put in cuffs by the IRS. This is his empire, and he is going to fight for his empire, he's going to fight for his brand."

Until James announced her lawsuit today, we had originally planned to discuss, with Wheeler, the DoJ's case against Trump at Mar-a-Lago, as a federal judge appointed by Trump has been running absurd and corrupt interference for him following the FBI's search at his Florida club, finding that he stole more than a thousand pages of highly classified national security documents upon leaving office.

"He probably still has classified documents lying around his properties," Wheeler argues, charging "the thing about Trump is he's never going to stop cheating." At least until someone stops him.

Right now, in addition to James' civil action on Wednesday, there are at least three other major criminal probes that Trump is being forced to contend with. Today was likely only the first shoe to drop in that regard. Stay tuned...

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Well, that was a lively BradCast today. Especially the caller segment! Please tune in! [Audio link to full show follows below this summary.]

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

• Despite a bizarre, very much Nazi-like rally in Ohio held by our former President over the weekend, mainstream corporate media are still pulling their punches in calling out the Republican Party for having gone full bore authoritarian at this point under their far-right MAGA cult leader Donald Trump. Democracy itself is now very much at stake in this nation, and we really need a professional media corps which isn't afraid to start acting like it, calling it out, and reporting it to the American people.

• While the death and funeral of Queen Elizabeth in Great Britain has received virtual wall-to-wall coverage from outlets such as CNN since her death 11 days ago, three major climate change-fueled hurricanes made landfall over the weekend. Puerto Rico had its power knocked out island-wide by Hurricane Fiona (almost 5 years to the day since Hurricane Maria did the same), with as much as 30 inches of rain falling catastrophically in some areas. In Alaska, remnants of Typhoon Merbok resulted in the state's most intense storm in 50 years, leading to widespread flooding across a thousand miles of coastline. And, in Japan, over the same weekend, Supertyphoon Nanmadol resulted in widespread flooding and power outages, while clocking in as the fourth most intense typhoon to make landfall in the nation's history. As Desi Doyen reports today, all of those storms were super-charged by our warming climate and all seemingly quite newsworthy. Then again, Queen Elizabeth died 11 days ago, so...ya know.

• As you have heard by now, Ron DeSantis, Florida's ambitious Republican Governor, has taken credit for coercing 48 migrants from Venezuela, who were lawfully seeking asylum in San Antonio, Texas, onto to two chartered private jets to Martha's Vineyard, Massachusetts. Neither the people of Martha's Vineyard, nor even the state's Republican Governor, were notified in advance before the migrants were left stranded. While DeSantis claims the migrants boarded the planes "voluntarily", a brochure, obtained by Popular Information today, citing "Massachusetts Refugee Benefits," appears to have falsely informed the migrants that they would be eligible for "8 months cash assistance," "assistance with housing," "food," "clothing," "transportation to job interviews," "job training," "job placement," "registering children for school," "assistance applying for Social Security cards," and more in MA. That brochure, according to attorneys for 30 of the 48 migrants, is now evidence of a crime --- specifically, as former life-long Republican attorney Keith Barber describes, the federal crime of kidnapping (18 U.S.C. § 1201).

• So, what will or should be done about DeSantis' apparent political stunt that actually appears to have been a pretty straightforward federal crime? Will he be held accountable by MA's Democratic Attorney General or by the U.S. Dept. of Justice? Callers ring in with their thoughts (several of whom, by the way, support DeSantis' crime!), on today's very lively program!...

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Apologies in advance for all of the encouraging news on today's BradCast! I'm sure things will be terrible and outrageous tomorrow. [Audio link to full show is below this summary.]

Among the many stories covered today, however...

• Joe Biden's approval rating spikes nearly 10 points in new AP/NORC polling.
• Retail sales grew yet again in August as unemployment falls yet again, finds new federal data.
• Biden Administration hashes out last minute deal between rail workers and companies to avert crippling rail strike.
• New York A.G. Letitia James reportedly rejects Trump's attempt to settle a fraud lawsuit against him, his company and maybe one of his kids (that she has yet to file.)
• Pillow magnate and election denier Mike Lindell's phone is confiscated by FBI in federal grand jury probe of unlawful Colorado voting system breach.
• Special Prosecutor is named to investigate Republican state Attorney General nominee Matt DePerno (and several other top GOPers) involvement in unlawful Michigan voting system breach.
• Instead of committing election fraud crimes after the 2020 election, under the guise of looking for them, Republicans might have looked a bit closer to home. Rensselear County, New York's Republican Election Commissioner is the latest GOP official to be arrested and charged for absentee ballot voting fraud in a sweeping federal probe.
• Finally, Desi Doyen joins us for our latest Green News Report, including a new U.N. warning that we are entering "uncharged climate territory"; Summer 2022 clocks in as the hottest ever recorded; Transitioning quickly to clean energy could save the world $12 trillion; and President Biden touts his historic climate bill and our new national EV charging network...

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For all of the legal experts on TV and Twitter helping the nation understand a flood of ridiculous rulings by corrupt, rightwing, Federal Society-approved judges and Justices, it might also be helpful if they started pointing out the desperate need for structural change in our federal judiciary. We can't lawyer our way out of this mess, but we can reform it. But we're gonna need their help. One of those legal experts joins us on today's BradCast to help make exactly that case. [Audio link to full show follows below this summary.]

First up, however, the Republican "Never Trumpers" of the Lincoln Project are back. And their latest ad is another doozie, pointing out how Trump's sleazy Save America PAC is little more than a "sucker's game" meant to scam his own supporters. "Trump told you the election was stolen to rip you off, to sucker you, to take your hard-earned money and shovel it into his pockets ... It was the biggest scam in political history. ... It was a sucker's game all along."

Apparently, Lincoln Project is running the ad on Fox "News" and it appears to be driving The Former Guy crazy. So much so that he's threatened to sue the Lincoln Project. And now the group's co-founder, Rick Wilson, is begging him to. We share the ad, Trump's pathetic (though hilarious) social media tantrum and Wilson's acerbic (though hilarious) response.

While Trump is unlikely to actually sue Lincoln Project --- and open up his corrupt Save America PAC to the discovery process! --- one of his most recent impotent lawsuits, filed against Hillary Clinton, former FBI Director James Comey, and bunch of other folks at the FBI and DoJ claiming a "conspiracy" against him regarding Russia's interference in the 2016 election, spectacularly crashed and burned before a federal judge in South Florida on Thursday. It was a real judge. Not one that Trump appointed.

As to the federal judge in South Florida that Trump did appoint, Judge Aileen Cannon, who issued the absurd, unprecedented and completely unworkable order on Monday in response to the FBI's court-ordered seizure of thousands of government documents stolen by Trump and stored at Mar-a-Lago, the DoJ pushed back on Thursday night. On Monday, Cannon ordered an injunction against the DoJ's use of the stolen documents, many of them highly classified, in their criminal investigation of Trump's theft until a Special Master examined all of the documents for potential attorney-client and executive privilege conflicts. (There can be no executive privilege conflicts since Trump hasn't asserted it and, no longer the Executive, he is not entitled to any such privilege.)

In their filing [PDF] on Thursday night, however, the DoJ offered a compromise and an off-ramp to Cannon, before they otherwise plan to appeal her ruling in full to the 11th Circuit Court of Appeals next week. Hopefully, Cannon takes the off-ramp to allow the critical criminal investigation and national security damage assessment to continue. But, otherwise, the DoJ may have a long slog before the appeals court which has now been packed with Trump-appointed judges.

All of this --- not to mention the unprecedented rulings by the packed, stolen and corrupted U.S. Supreme Court majority at the end of their term earlier this summer --- underscores how broken our federal judicial system has become. And while there is no shortage of well-meaning legal experts on TV and social media explaining how best to respond to corrupted rulings by corrupted courts, these are problems that the nation cannot litigate itself out of, as our guest argues today.

We're joined again by the great DAHLIA LITHWICK, longtime legal analyst at Slate, MSNBC contributor, podcast host, and author of the new book, LADY JUSTICE: Women, the Law, and the Battle to Save America.

Writing this week with our other legal reporter friend from Slate, Mark Joseph Stern, in an article headlined "The Solution to the Trump Judge Problem Nobody Wants to Talk About" the pair reference the court battle over the stolen documents retrieved from Mar-a-Lago: "The problem is not just the extreme and heinous flaws in Cannon’s ruling. It’s also the Trump-shaped world in which Cannon operates, with impunity, which we will all have to endure for the foreseeable future. It’s the brutal reality that we may face a steady stream of depraved decisions like Cannon’s for the rest of our lives --- and the pain of hearing from every quarter that nothing can be done to remedy it."

"There are too many things wrong with the Cannon order to litigate," they conclude. "And there are too many things wrong with Trump’s judicial dominion of every part of our lives --- for years to come --- to litigate. So maybe it's time to stop litigating them and start fixing them."

How to start fixing them? Well, that's at the center of my discussion today with Lithwick, beginning with the need for "big-swing structural reform" of our courts and how to start making the noise needed to help make it happen.

Also, we discuss LADY JUSTICE, Lithwick's brand-new book --- hitting "shelves" in just a few days --- which "knits together these stories of extraordinary women lawyers" who "faced unbelievable odds" and "changed the world in the Trump era". Now, she argues, "they could do it again."

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Like it or not, we're back on today's BradCast after a much-needed week off! And, as it turns out, we've got plenty to talk about. [Audio link to full show is posted below this summary.]

Among the huge number of stories covered on today's show, as we try to get caught up with both what we missed and what's still unraveling today...

• It's hot here in Los Angeles. Really hot. A record heat wave (in both intensity and duration) now stretches from Southern California all the way up into Canada. And, no, it is not normal. (Or at least it didn't used to be.)

• It's also not normal for Mississippi's capital city of Jackson to have no water for drinking, bathing, flushing or even fighting fires. But it was predictable. That's what happens when you lower taxes and defer maintenance on critical infrastructure for decades before a warming climate dumps tons of rain to knock your water systems offline entirely. Now the state's Republican Governor (who has been instrumental in deferring that maintenance), is discussing privatizing the water system. As of Sunday, in any event, water pressure is finally returning to residents after a full week without, and about a month of boil water notices prior to the outage.

• Some good news following Labor Day: Public approval of labor unions, at 71% of the American people, is now the highest it has been since 1965, according to Gallup. That's a 7-point spike in their pre-Labor Day survey since the pandemic began and a more than 21-point jump since 2009. And, as we discuss, that's all good news for both union workers and non-union workers alike!

• A judge in New Mexico has ordered Cuoy Griffin, co-founder of Cowboys for Trump and an elected Otero County Commissioner, immediately removed from his post for violation of the U.S. Constitution's "Insurrectionist Disqualification Clause". Griffin, who was convicted of participating in Trump's January 6, 2021 insurrection at the U.S. Capitol, is the first public official to be removed from office since 1869 under Section 3 of the 14th Amendment.

• There is new evidence out of Coffee County, Georgia today --- including security camera surveillance video gathered via a federal lawsuit against Sec. of State Brad Raffensperger to block use of his unverifiable touchscreen voting systems --- revealing that rightwing MAGA Trump supporters lied about unlawfully breaching and making copies of the County's voting system software after the 2020 election. The long-running lawsuit was filed by Coalition for Good Governance founder Marilyn Marks, a regular guest on this program. She originally broke the Coffee County voting system software breach story on this show some months ago, along with detailing Raffensperger's clumsy, months-long efforts to cover-up of the entire boondoggle. More details on that story coming soon!

• In the second-to-last primary day of the midterm election season, voters in Massachusetts are selecting party nominees for the contest to succeed the state's popular, outgoing Republican Governor in the otherwise liberal-leaning state. As in Maryland in July, the choice on the GOP side in MA is between a Trump-backed election denier and an otherwise normal-ish Republican candidate. In MD, the Trump-backed loon won, likely handing Governor's mansion to the Democrats this fall. Will the same thing happen in MA? Tune in tomorrow!

• While we were out, Alaska's embarrassing former Republican Governor Sarah Palin, did not win the Special Election for the state's only U.S. House seat. After a Ranked Choice Voting election featuring two Republicans and one Democrat, the Democrat, Mary Peltola was elected to fill the seat occupied for nearly 50 years by the late Republican Rep. Don Young. She'll serve the rest of Young's term through the end of the year and becomes the first Alaska Native elected to Congress. The same three candidates, and one other, will square off in another RCV election in November for a full term beginning in January. Hopefully Palin will continue her losing streak.

• Also, while we were out, the President of the United States found it necessary to offer a prime-time address to warn of the rising menace posed to democracy itself by Donald Trump and his supporters. Joe Biden was, of course, both correct and accurate in his remarks outside of Independence Hall in Philadelphia, highlighting the fact that democracy itself will be on the ballot this fall and the threat that demagogues from the right now pose to our nation. "What’s happening in our country today is not normal," he said, though corporate media outlets seemed to have a tremendously difficult time simply pointing out how Biden's assertions were demonstrably true. By way of just one example, after a Trump rally in Pennsylvania over the weekend, in which an invited speaker discussed support for January 6 insurrectionists, including her nephew, who is literally a Hitler fan, USA Today's Francesca Chambers actually said: "President Biden and former President Trump are having some difficulties when it comes to optical issues both could have avoided." (!!!)

• Finally today, some thoughts on the Trump-appointed federal judge in Florida who, on Monday, issued an absurd ruling ordering a Special Master to review thousands of pages of highly classified and other stolen government documents obtained by the FBI during its federal court-ordered search of Donald Trump's home at Mar-a-Lago last month. The ruling by Judge Aileen Cannon --- to appoint a Special Master to examine the documents for both executive privilege (which hasn't been claimed by Trump, and can only be asserted by Biden) and for attorney-client privilege --- was ridiculous and absurd on several counts and yet still somewhat less of an outrage than many have characterized it to be over the past 24 hours. We explain why.

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As the summer season winds down on The BradCast, the contrast between the two major parties, their respective leaders and their prospective near-term fortunes could hardly be more stark, as illustrated by a very lively conversation on today's program. [Audio link to full show is posted at end of this summary.]

On Friday, all eyes were on the release of an unsealed, redacted version of the Dept. of Justice's 38-page affidavit [PDF] used to establish "probable cause" for their unprecedented search of Donald Trump's home, office and storage areas at Mar-a-Lago on August 8.

The bulk of the affidavit was redacted, due to what the DoJ has described as the need to protect "the safety and privacy of a significant number of civilian witnesses" and because "Disclosure of the government's affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations."

What wasn't redacted were a few more specifics on what had largely already been publicly known about the nearly full year effort by the National Archives and Records Administration (NARA) to retrieve highly classified documents that Trump had stolen from the White House upon leaving office. That eventually led to NARA's criminal referral to the DoJ and the FBI search warrant seeking "All physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071, or 1519". (Those statutes refer to the Espionage Act, obstruction, and violations of the Presidential Records Act, among other crimes Trump may have violated, despite a full year and a half of various warnings and polite, quiet attempts by both NARA and DoJ to retrieve the stolen material.)

The new specifics revealed today include that when NARA eventually received the first set of documents --- prior to a grand jury subpoena, a personal visit from the DoJ's top counter-espionage official, and eventually the FBI search in early August --- "FBI agents conducted a preliminary review of the FIFTEEN BOXES provided to NARA and identified documents with classification markings in fourteen of the FIFTEEN BOXES. A preliminary triage of the documents with classification markings revealed the following approximate numbers: 184 unique documents bearing classification markings, including 67 documents marked as CONFIDENTIAL, 92 documents marked as SECRET, and 25 documents marked as TOP SECRET." The unidentified agent who served as the affiant, noted: "Based on my training and experience, I know that documents classified at these levels typically contain NDI [national defense information.]"

Of course, that was all before Trump reportedly handed over another dozen or so boxes of sensitive records in June, following a subpoena and personal visit by DoJ officials, and then the eventual August search in which another 11 sets of highly classified documents were retrieved from "the STORAGE ROOM, FPOTUS's residential suite, Pine Hall, the '45 Office,' and other spaces within the PREMISES." The affiant notes: "I do not believe that any spaces within the PREMISES have been authorized for the storage of classified information at least since the end of FPOTUS 's Presidential Administration on January 20, 2021."

That news on Friday --- just the latest mind-blowing development in multiple concurrent criminal investigations of the former President of the United States --- followed (and, in many cases, over-shadowed) the extraordinary run of late summer successes by President Biden and the Democrats.

It also comes the day after Biden offered a 27-minute stem-winder of a rally speech for the DNC in Rockville, Maryland, leading many to wonder: "Hey, where has that guy been all this time?!" We share a wholly unsatisfactory 6 minutes or so today from his lengthy, barn-burner remarks, in which he detailed his accomplishments and unsparingly took on the "semi-fascism" of Republicans and the former President in no uncertain terms. ("Guess what? MAGA Republicans don’t have a clue about the power of women. ... Let me tell you something: They are about to find out.")

We're joined today to discuss all of this by the great HEATHER DIGBY PARTON of Salon and Hullabaloo. Earlier this summer, she served as our anchor panelist following all 8 of the hearings by the U.S. House Select Committee investigating the January 6 insurrection and Trump's multiple attempts to steal the 2020 election. And yet, since her last appearance in July, it seems we've all learned about an entirely new and massive criminal scandal that Trump has completely brought upon himself!

"What in the world was he doing with these documents? What was the purpose of it?," she joins us and the rest of the world in still wondering. "Whatever he planned to do with this stuff, it's very, very dangerous stuff."

"Donald Trump apparently has now bought into his own hype that he is still the legitimate President, and he's basically like Napoleon in exile on Elba," quips Parton. "Somehow or other he convinced himself that that meant that he had the same protections he had as President, and that has given him this sense that they can't touch him because of his position."

But now, she observes, Trump is "just dancing as fast as he can." Parton explains why she believes that, of all the probes now closing in on him, the discovery of hundreds of pages of highly classified national security documents at Mar-a-Lago will be the worst for him. "And here's the reason: Nothing shows more chutzpah and gall than this man --- the man who led the 'Lock Her Up' chants for the last 5 years saying that Hillary Clinton needed to be put into jail for mishandling classified information --- the fact that this guy did what he did in light of that, it's almost to much to bear."

"On a political level," Parton adds, "I think this one hits him in a way --- it shouldn't be that way, it should be the coup --- but this one is simple, easy to understand, and it's so incredibly galling that he would have done this under the circumstances."

That, by way of contrast with our current, not-insane President and his party's, by any measure, historic achievements in recent weeks. "I don't know but it seems to me that Dark Brandon is rising here... [Digby explains that reference for those who may be unfamiliar with the latest social media meme by Biden fans] ...in light of all of the successes that he's had legislatively in the last few months, it's been a rather stunning success story, honestly. I'm not a big Joe Biden pat-on-the-back person, but I am really surprised that under very difficult circumstances, with a very, very narrow majority, dealing with divas like Sinema and Manchin, and having to come up against a very low approval rating and a rightwing that's gone completely nuts out-of-its-mind bonkers, this Administration has managed to pass a whole lot of really important, big legislation."

But, as she also writes about at Salon today, the Republicans' biggest problem is the backlash to their "very, very far right, radical anti-abortion zealotry" and the Supreme Court's overturning of Roe v. Wade. That, she argues, has cost them dearly at the ballot box since the late June Dobbs decision. But, while Parton believes the GOP will pay a huge price for their anti-choice advocacy in "red" and "blue" states alike this November, she explains why it's also "going to haunt them for a long time to come."

All of that and much much more with Parton on today's program --- including thoughts on the GOP's attempted Jedi Mind Trick regarding Biden's landmark forgiveness of as much as $20,000 in student loan debt for tens of millions of low and middle-income Americans on Thursday!...

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* * * NOTE: We will be standing down from The BradCast (and Green News Report) next week until after Labor Day for an attempt at some much-needed R&R before Congress reconvenes, more J6 hearings get under way, new indictments come down and midterm season begins in earnest. That means, of course, that there will most likely be huge, earth-shaking news occurring next week while we're gone. So, please buckle up and stay safe until our return!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Longtime listeners of The BradCast know that we see democracy as pretty much the number one issue that makes pretty much everything else possible. Even the climate crisis comes second for that reason. Congressional Democrats, on the other hand, have yet to make the threat that democracy itself now faces in America, thanks to Donald Trump and his GOP, much of a campaign issue. That's both curious and troubling, particularly following a new poll out today finding that democracy is "the most important issue facing the country for a plurality of registered voters." [Audio link to full show follows this summary.]

Among the many stories covered on today's show --- followed by some great callers in the second half today...

• On Sunday, a federal appeals court gave Sen. Lindsey Graham (R-SC) a short reprieve from his scheduled testimony before the special grand jury in Georgia investigating the Trump-led criminal conspiracy to try and steal Georgia's 2020 election. Graham, who reportedly called the GA Sec. of State to see if it might be possible to toss thousands of lawfully cast votes, claims he was just doing his job as a Senator...from South Carolina...and has absolute immunity under the Constitution's "speech and debate" clause. His reprieve [PDF] from Fulton County District Attorney Fani Willis' probe is unlikely to last for long.

• A different federal appeals court ruled on Friday that the Justice Department must release a memo written by its Office of Legal Counsel (OLC) during the Trump Administration, regarding then-Attorney General Bill Barr's decision to not charge the former President for some ten instances of obstruction of Robert Mueller's Special Counsel investigation into Russia's interference in the 2016 election. The DoJ claimed the memo, sought by a good government watchdog group under FOIA laws, was exempt from disclosure because it was part of the deliberative process in deciding whether or not to charge Trump. In fact, as a lower court previously determined, the memo was written after the DoJ had already determined they would not charge Trump.

• Then, we move from the 2016 and 2020 elections back to the current one, now just 78 days away, when political pundits had long been telling us that Democrats would take a shellacking in Congress this November. But, as we've long noted, that Conventional Wisdom is by no means a certainty during these decidedly UNconventional times. Among the latest examples from 2022's UNconventional Times files, emotional remarks last week from a Republican South Carolina lawmaker who regrets his vote --- just weeks after casting it --- to restrict abortion in the state. He relates a disturbing story of a pregnant 19-year old woman whose water broke at 15 weeks, making the pregnancy unviable. But thanks to the state's new "fetal heartbeat" law, attorneys advised her doctors they could not extract the fetus until its heart stopped beating...two weeks later. She could have lost her uterus or even died during the interim. We share some of the state Rep's emotional response and his reasons for refusing to vote in favor of an even more draconian restriction on reproductive freedom now moving through the SC state legislature.

• Still more today from the UNconventional Times file: Signs that inflation appears to be coming down on tons of products whose prices had surged last year. And signs, along with it, that pandemic supply chain snarls appear to finally be easing up as well.

• Of course, all of that good news for American consumers is bad news for Republicans who have been hoping for a terrible economy to help them win back majorities in Congress this November. A new forecast from Fox "News" out today, however, finds that to be less and less likely as polling and other conditions continue to trend back in favor of Democrats. It's still an uphill climb for them in the gerrymandered House, but the GOP is clearly getting nervous. We discuss.

• At the same time, in a lengthy deep-dive, Politico Magazine reported over the weekend that a number of old school Dems from the Carter Administration are concerned that Congressional Democrats are not making enough of a campaign issue out of the threat that Republicans now pose to American democracy itself. That, following Trump's January 6, 2021 U.S. Capitol insurrection and the boatload of bat-crap insane, Trump-endorsed 2020 election deniers who have been nominated for key positions to help decide the 2024 election in swing-states and non-swing-states alike this year. While Congressional Dems offer a reasonable argument for why they have been sticking with other issues this year --- "from energy and the environment to education, roads and infrastructure, abortion, health care, Trump and guns" --- rather than the threat posed by Republicans to democracy itself....

• ...new polling out today from NBC News finds the GOP threat to democracy is now the top concern among registered voters, followed by the cost of living and other economy-related issues.

• So, what do our listeners care most about this November? What issues are leading them to vote (or not vote)? We open the phones to find out and get some very good callers in response including a fun one from a confused Republican...

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