Why isn't the FBI or DoJ investigating the broad, multi-state conspiracy, carried out by Trump supporters after the 2020 election, to breach sensitive voting and tabulation systems? Especially with the 2024 elections now coming into view? Disturbing new evidence of the DoJ and FBI's LACK of action on today's BradCast!

But, first up, a few quick words on the federal takeover of several failed banks late last week and into the weekend (after the Trump Administration rolled back regulations enacted after the 2008 banking crisis to help prevent such failures), and then on Biden's decision to allow a controversial new oil project on federal lands in Alaska, while otherwise ordering the federal protection millions of acres in Alaska and the Arctic from similar future drilling projects.

Next, a few quick words on former Vice President Mike Pence's weekend comments at the Gridiron Dinner in D.C., characterized by many in the corporate media as his "toughest words yet" against Trump's incitement of insurrection on January 6, 2021.

While Pence was, in fact, heroic that day in refusing to leave the Capitol while it was under siege by Trump supporters, until the Electoral College vote was officially certified, the former Veep's recent legal challenge to a Subpoena to testify before the Grand Jury in Special Counsel Jack Smith's probe of the deadly 1/6 probe is unconscionable.

Among Pence's reported comments at the no-cameras-allowed Gridiron Dinner on Saturday: "History will hold Donald Trump accountable." (No, sir. It's not history's job, it's law enforcement's! And, as a witness to a crime, it's your responsibility to help them!) Also, he repeatedly praised media and said, "I expect members of the fourth estate to continue to do their job" in covering the tragic, shameful events of that day. But, guess what? While it's the media's job to report on what happened, if witnesses don't tell law enforcement what they know, then those who should be held accountable will not be.

Then, speaking of people not being held accountable, why hasn't the FBI begun a probe of the multi-state effort, headed up by Trump's then-attorney Sidney Powell, to unlawfully and surreptitiously make copies of voting and tabulation system software in at least four states after the 2020 election? We now know that this happened in Coffee County, Georgia, Mesa County, Colorado, several townships in Michigan, and at least one county in Pennsylvania. We also have evidence that the conspirators planned to breach the election system in Nevada as well.

America's computerized election systems were officially designated as "critical federal infrastructure" during the Obama Administration. Shouldn't evidence of a multi-state conspiracy to unlawfully make copies and release that proprietary software publicly be a crime worth probing by the FBI? Especially before 2024?

SUSAN GREENHALGH, a longtime election integrity and transparency expert and Senior Advisor on Election Security at Free Speech For People thinks so. She and 14 other cybersecurity and voting system experts wrote a letter [PDF] last December to Attorney General Merrick Garland, Special Counsel Jack Smith, FBI Director Chris Wray and Cybersecurity & Infrastructure Security Agency (CISA) Director Jen Easterly, seeking a federal probe, given the overwhelming evidence of this MAGA conspiracy and the recent evidence that they are using the stolen software and knowledge gained from it for potentially nefarious means.

"The people that got the software seem to be interested in further disrupting elections," Greenhalgh tells me today. "They already tried once to disrupt an election and impact the results in 2020 and we see that this is continuing. The software that was taken unlawfully in Coffee County, Georgia, showed up at CPAC [the Conservative Political Action Conference] CPAC last week, in a presentation by a bunch of conspiracy theorists making a lot of unfounded and really disturbing false claims about elections in it."

"We can see the software already being used for disinformation campaigns," she continues, "but it could actually be used for much worse, like to reverse engineer it and create malware to impact and potentially corrupt an election."

As the Los Angeles Times reported last week, Greenhalgh has now heard back from the head of the FBI's Public Corruption and Civil Rights Section, in a polite, if terse, four-paragraph letter [PDF] that seems to not only suggest that the FBI is not investigating the matter, but to do so they would have to receive a request from local or state officials.

That doesn't make much sense. This is a federal issue, if only because it appears to be conspiracy stretching across multiple states. Moreover, as Greenhalgh explains, such requests have been made, for example, by the State Board of Elections in Georgia.

So, what is going on here? Is the matter being probed by the feds, but the FBI is suggesting otherwise (since they may not wish to comment on ongoing investigations)? Is it not being probed at all, for some reason? If so, why not? And, why does all of this matter? Greenhalgh answers those questions and many others on today's BradCast!

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Today on The BradCast: It's truly remarkable that the former President's Republican supporters keep lying on his behalf, despite losing elections and more in the bargain. They continue to pay an extraordinary price, even as they continue to lie and lose in the process. They'll figure this out eventually, right? [Audio link to full show follows this summary.]

Among the stories covered on today's program (after a thought or two on this weekend's coast-to-coast climate chaos, including an incredibly rare blizzard warning here in Los Angeles!)...

• New polling finds Joe Biden's approval ratings have been quietly, but steadily rising over the past several months. Donald Trump's are hitting new lows among his own party faithful.

• Arizona's former Republican Attorney General, Mark Brnovich, knew there was no evidence of fraud in the 2020 Presidential election, but he kept that finding a secret while lying about it during his unsuccessful run for the 2022 GOP U.S. Senate nomination. According to documents released by Kris Mayes, Arizona's new Democratic A.G., even after the failed Cyber Ninjas "audit" of the 2020 Presidential election confirmed Biden's victory over Trump in the state, Brnovich directed "all hands" in the A.G.'s office to investigate claims of election fraud. Some 10,000 taxpayer-funded hours were spent with no evidence of a stolen election to show for it. But, while the state probe was all but completed by March of 2022, Brnovich pulled a "Bill Barr" by releasing a memo falsely claiming the office had found "serious vulnerabilities", even after his own investigators specifically refuted the assertions in the memo. He ignored them.

  The actual findings of the expensive state investigation, though completed, were never released before he was replaced by Mayes in January. Despite his hard work at lying for Trump, he lost the U.S. Senate primary anyway to Blake Masters, who lied even harder for the disgraced former President. Masters then went on to lose the general election to Democrat Mark Kelly.

  As the Washington Post's exclusive notes, Brnovich and Masters were hardly the only ones who lied about 2020 fraud in AZ before then going on to lose their elections last year. GOP Sec. of State candidate Mark Finchem lost to Democrat Adrian Fontes. Finchem, previously a state Rep, repeatedly claimed a "source" had told him that 30,000 votes were stuffed into ballot boxes before admitting privately to Brnovich's investigators "he did not have any evidence of fraud and that he did not wish to take up our time." It's one thing to lie to GOP voters. They have come to expect that by now. But its unlawful to lie to state law enforcement officials, as Finchem and other officials who also clammed up before actual investigators, clearly knew.

• AZ's GOP candidate for Governor, Kari Lake, also lied about 2020 fraud before going on to lose her 2022 race to Democrat Katie Hobbs. And Lake is still lying and losing in her challenge to last year's election. First, she lost in court in December when a state judge dismissed her demand for a new election finding "no basis justified settings aside the election results." She lost again last week at the appeals court which determined "Lake's only purported evidence...was, quite simply, sheer speculation." After her second loss, loser Lake tweeted out, along with a fundraising link: "BREAKING: I told you we would take this case all the way to the Arizona Supreme Court, and that’s exactly what we are going to do. Buckle up, America!" (Please hold your laughter until the end.)

• Despite all of the lies and losses, the Republican National Committee is now planning to increase their lies based on false 2020 election fraud claims in advance of 2024. Why not? It's worked so well until now! In the meantime, it was reported on Wednesday that Ivanka Trump and Jared Kushner were subpoenaed to testify before the federal grand jury investigating the January 6 insurrection and related matters. And today, a federal court judge said Trump himself can now be deposed in lawsuits filed by former FBI employees Peter Strzok and Lisa Page who charge he unlawfully targeted them for retribution during the investigation of Russian interference in the 2016 election.

• And then there is long time liar and loser Steve Bannon, one of Trump's several criminal 2016 campaign managers, who later went on to be fired as a White House political advisor. Bannon was recently sentenced to four months in prison for Contempt of Congress after refusing to testify in response to a subpoena from the House January 6 Committee. Still out of prison pending appeal, Bannon's legal problems have only gotten much worse since his conviction. New York state has indicted him for money laundering, scheming to defraud, and conspiracy. And today we learned that last week his own lawyers sued him for failure to pay nearly half a million dollars in legal fees! (Okay, now you can go ahead and laugh.)

• Then there's longtime GOP political operative Jesse Benton, who has worked for Ron Paul, Rand Paul, Mitch McConnell, Trump and many others over the years. He was pardoned by Trump after being found guilty of bribing an official for an endorsement of Ron Paul during the 2012 GOP Iowa Caucus. Last week, Benton was sentenced to 18 months in prison for an entirely separate felony related to accepting $100,000 from a Russian national who wanted a photo with Trump during the 2016 election.

• Finally today, we move on to our latest Green News Report with Desi Doyen, as Republicans continue to pretend to be concerned about the toxic chemical train derailment in Ohio several weeks ago. It's all quite pathetically amusing to watch, as Trump turned the poisoned rural town of East Palestine into a 2024 campaign stop this week and Fox "News" boneheads like Brian Kilmeade actually begin to demand regulations of the rail industry! Not unlike the regulations that the Obama Administration had put in place years ago, before the Trump Administration subsequently rolled them all back.

Liars and losers gonna keep lying and losing...

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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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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

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! ...

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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"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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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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While Special Counsel Jack Smith is said to be investigating the Trump-incited January 6 insurrection at the U.S. Capitol and the his fake electors plot to try and steal the 2020 election, among other things, there is a still-ongoing, post-2020, multi-state plot, coordinated by Trump's top MAGA lieutenants that the Feds don't yet seem to be probing. Our guest on today's BradCast is trying to change that. [Audio link to full show follows this summary.]

For the better part of this past year, we've have been closely reporting on the bizarre plot uncovered by frequent guest and longtime election integrity expert Marilyn Marks during the lawsuit filed by her group, Coalition for Good Governance, seeking to replace Georgia's 100% unverifiable touchscreen voting systems with hand-marked paper ballots.

Marks recorded a phone call she received last year from an Atlanta businessman who, essentially, confessed to a scheme that has since been revealed to have been overseen and paid for by disgraced Trump attorney Sidney Powell. It involved the Board of Elections and local Republican Party officials in right-leaning Coffee County, Georgia allowing a team of computer wonks to make copies of the County's proprietary voting and tabulation software, including the sensitive Election Management System, manufactured by Dominion.

Thanks to GA's Republican Sec. of State Brad Raffensperger, every county in the state is forced to use the same vulnerable, unverifiable voting systems. Making copies of those systems in one County essentially offers a blueprint for how to disrupt elections in various ways in every County in the state. Moreover, those systems are also used in jurisdictions in at least a dozen other states. Cybersecurity experts have described the Coffee County breach as extremely worrisome.

Nonetheless, until the scheme was exposed by Marks, Raffensperger's office appears to have been covering the entire thing up. And, even after it was exposed, his office --- including one of Raff's top lieutenants, Gabe Sterling --- continued to deny any of it had happened.

"Even recently, there was people saying, 'We went to Coffee County and we imaged everything,'" Sterling declared at an election forum at the Carter Center in Atlanta last April, before falsely adding: "There's no evidence of that. It didn't happen." But it absolutely did happen, as security camera video from the Coffee County Board of Elections offices, also obtained via Marks' lawsuit, subsequently made abundantly clear. The plot even involved a number of well-known MAGA Mobsters, such as Doug Logan, CEO of the Cyber Ninjas outfit that later carried out the phony post-2020 "audit" in Arizona last year.

Voting system software breaches similar to the one in Coffee County were also carried out and reportedly overseen by Powell, in several others states, including Nevada, Michigan and Colorado. As the Washington Post confirmed again this week, the stolen software "was then uploaded to a website, from where it was downloaded by election deniers across the country."

Despite all of this disturbing evidence, federal authorities do not appear to have even begun to probe these coordinated plots which, as our guest today confirms, can really be considered a crime still in progress, since the copied software can be used to undermine upcoming elections, for example, in 2024.

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit good government group, Free Speech for People, to discuss the 14-page letter [PDF] that she and more than a dozen of the nation's top cybersecurity and voting system experts sent this week to Special Counsel Smith, Attorney General Merrick Garland, as well as the Directors of both the FBI and Cybersecurity and Infrastructure Security Agency (CISA), seeking a federal probe of the coordinated, ongoing plot.

"Now that they have the software," Greenhalgh explains today, "they have all the elements of the voting system, from the poll pads to the election management system which aggregates and reports totals, and everything in between. They can create their own election system and probe it to find out how it's vulnerable, and also develop ways that they can exploit those vulnerabilities. They can decompile the software to study the source code and understand how they might create malware that could get in and wreak havoc with the way the votes are counted."

Remember, these software breaches happened in most cases with the cooperation of insiders, local election officials who have direct access to these systems. Greenhalgh notes that "malware can be designed to be undetectable in many ways. So if you wanted, you could use it to disrupt an election so that people can't vote, or you could do it in ways to disrupt and manipulate or tamper with an election that is not visible to outsiders. Or you could just use the software to create disinformation campaigns and say 'I can show you how this election system was compromised and why it counts incorrectly'," even when it hasn't.

"We don't even have to imagine that because that's already been done," she continues. "That was by Matt DiPerno, the guy who ran against [Democrat] Dana Nessel for the Attorney General position in Michigan. He's also quite a famous election denier. He had a copy of voting system software that was obtained extra-legally in Michigan and put it on machines and put up videos that said, 'This is how we can manipulate these systems.'"

Greenhalgh details other ways in which these breaches are so troubling to the experts signed on to FSFP's letter; explains whether there is any evidence that the breaches were used to exploit systems in 2022; responds to remarks from the GA Sec. of State's office attempted to conflate real, longtime election security and voting systems experts with the MAGA conspiracy theorists and election liars; discusses how the Coffee County breach appears to have been covered-up by Raffensperger and other Georgia officials; and details why the lack of a federal investigation continues to threaten future elections, including the Presidential contest in 2024.

"The chance of manipulating elections going forward is very real," she warns.

Also today...since we could use some dumb news to offset that very disturbing story, 2024 Presidential candidate Donald Trump is now in the business of ripping off his supporters with hilarious, $99 digital trading cards in which he is illustrated as a super hero! Get yours today! Before they run out!

And finally...we close with Desi Doyen and our latest Green News Report, including troubling news from NOAA on the worsening effects of climate change in the Arctic; the existential threat to the world's forests of rapidly expanding oil and gas exploitation; and the EU's decision this week to institute the world's first carbon import tariff...

It's another busy day on The BradCast! Enjoy!

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(P.S. We're off tomorrow for more dental adventures, but will be back next week to cover the House January 6 Committee's finale and more before our holiday break!)

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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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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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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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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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Years ago, the month of August was considered the slowest news month of the year. Those years are obviously over. [Audio link to full show follows this summary.]

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

• There are some huge economic advantages on the horizon for large companies who transition their fleets to all-electric vehicles, including 18-wheelers. A writer at Torque News recently broke down the "staggering economics" in "fuel" savings for a 200-mile trip in the coming-very-soon Tesla Semi. The calculation finds, the costs for such a trip would plummet from about $170 now to just $28 in an all-electric semi-truck, an 83% reduction! (Not to mention the savings in lower maintenance costs "due to no engine and oil changes" and, yes, most critically, savings for the planet in huge cuts to carbon emissions amid our worsening climate crisis!)

• And speaking of climate emergencies...A new federal study out today from the Dept. of Energy largely confirms several recent independent analyses finding the Democrats' newly-signed Inflation Reduction Act --- which invests nearly $400 billion to move the nation from dirty, deadly fossil fuels to clean, renewable energy --- will cut greenhouse gas emissions causing climate change by about 40% by 2030. It will remove more than one billion tons of heat-trapping gasses, including cutting 35 tons for every one that it adds, according to the study. As we discuss, while there are valid criticisms of the law as passed with several giveaways to the fossil fuel industry in order to win Joe Manchin's vote. But ya gotta start somewhere. And this is a very good start. Want even more climate action? (We do!) Then elect more Democrats to Congress this year, since the IRA passed with the barest of Democratic majorities in both chambers of Congress without the support of one single Republican --- a party which still, in 2022, describes climate change as "a hoax"!

• And speaking of denial...On Tuesday in Wyoming, GOP voters elected a Trump-backed 2020 election denier to become the state's next chief election official. Because no Democrat ran for the job, it means the winner on Tuesday, Chuck Gray, will become WY's next Secretary of State. Of course, it's a very Republican state (Trump won 70% of the vote in 2020), but there are now 2020 election deniers running to become chief state election officials in five battlegrounds states: Mark Finchem (Arizona); Kristina Karamo (Michigan); Kim Crockett (Minnesota); Jim Marchant (Nevada); Audrey Trujillo (New Mexico). While the 2022 election will be about a lot of things, it will likely prove to be about the 2024 election --- and the survival of American democracy --- as much as anything else.

• And, speaking of even more election deniers...One GOP 2020 election denier who won't be a Republican Party nominee for Secretary of State this year is Tina Peters. She is the Mesa County, Colorado Clerk who has been indicted on 7 felonies and 3 misdemeanors related to making unlawful copies of her county's sensitive Election Management System Software in the middle of the night, and allowing it to be released to the public to make hacking future elections easier. Last month, Peters ran for the GOP nomination to become Colorado Sec. of State. She lost. By a lot. Nonetheless, she raised $250,000 for a statewide recount and...lost again. She gained just 13 votes in the re-tally out of the 90,000 votes needed to defeat the GOP's nominee, Pam Anderson. (Anderson will run against incumbent Democratic Sec. of State Jena Griswold in November.) But Colorado does statewide recounts by employing the same computers to re-tally hand-marked paper ballots that tallied them (either correctly or incorrectly) in the first place, rather than hand-counting them. While Peters is a duped rightwing loon, even duped rightwing loons deserve to know for certain if they won or lost an election. If candidates are willing to follow the law and raise the money to pay for a hand-count, they should be allowed to have one. Such counts will help, not hurt, to regain confidence in our electoral system after it has been so grievously harmed by the lies of Donald Trump and his party.

• And speaking of hand-recounts...A group of anti-choice activists in Kansas this week had sought a statewide hand-count of the ballot initiative this month that would have rewritten the state Constitutional to allow Republicans to ban abortion rights. The measure failed by a stunning 165,000 votes (18 points), according to computer tallies. But the activists failed to raise the $229,000 needed for a full, statewide count, so they are settling for hand-counts in just nine counties. If supporters of the failed referendum want to spend their money on a hand-count to make sure it really really failed, that's perfectly fine by us, and likely to prove a good thing for our faltering democracy after Trump and his party have worked so hard to undermine confidence in it.

• And speaking of confidence-men...The Trump Organization's longtime Chief Financial Officer, Allen Weisselberg, pleaded guilty in state court on Thursday to all 15 criminal counts related to tax fraud that he was charged with last year, along with the Trump Organization itself, by the Manhattan District Attorney's office. Weisselberg will not be cooperating with prosecutors in their criminal investigation of Trump himself. But he has agreed, as part of his plea deal, to testify truthfully for the prosecution in the company's upcoming fraud trial in October. If he does so, the 75-year old will then be sentenced to just 5 months in Rikers Island, will have to pay nearly $2 million in taxes, penalties and interest, and face five years of probation. He remains an employee of the Trump Organization even after being indicted and even after pleading guilty to all charges.

• And speaking of attempts at accountability for the disgraced former President...A federal magistrate judge in Florida --- the same one who signed the FBI's warrant for a search at Mar-a-Lago last week finding "probable cause" that Trump violated the Espionage Act and several other federal statutes --- is considering the release of a redacted version of the affidavit the Dept. of Justice submitted to obtain the warrant. The DoJ strongly objects to its release, even with redactions. Nonetheless, the Judge ordered the Department to submit a redacted version of the affidavit by next week and said during his bench order that he will consider its release in a "careful process".

• Finally...Desi Doyen joins us for our latest Green News Report following President Biden's signing of the largest single investment to take on the climate crisis by any nation. The historic bill was followed by Massachusetts' Governor signing a sweeping new climate and energy law this week. Both new laws can't have come soon enough, as several other stories Desi covers today, regarding unprecedented water worries in the U.S. West, make abundantly clear...

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