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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On today's BradCast: What you need to know about the stolen national security documents retrieved by the FBI at Mar-a-Lago and the trouble Trump is in. And, about the known results of the strange-world-we-now-live-in primaries and special elections yesterday. [Audio link to full show is posted below this summary.]

First up, those elections, as based on incomplete and/or unverified results in both states.

The biggest story of last night, of course, was conservative Republican Rep. Liz Cheney's loss to a Trump-backed GOP primary challenger in Wyoming for the state's single, at-large House seat. As expected, Cheney lost bigly to former Never Trumper turned MAGA 2020 election denier Harriet Hageman. What does it all mean going forward for Republicans who wrongly hate Cheney and Democrats who wrongly love her and for the Republican Party itself? Cheney offered some hints, as we discuss, in her graceful concession speech on Tuesday night, promising once again that she "will do whatever it takes to ensure that Donald Trump is never again anywhere near the Oval Office."

Then, incomplete results from Alaska, where it has always taken a long time to tally them and will take even longer following election reform adopted by state voters in 2020. They now have an open primary system, where the top four vote-getters go on to general elections which become Ranked Choice Voting (RCV) contests among those candidates.

Like Wyoming, Alaska has just one at-large U.S. House district. But there were two elections for it on Tuesday following the death, earlier this year, of Republican Rep. Don Young. He held the seat for 49 years. One was a Special Election to fill the remainder of Young's term through the end of the year, the other was an open primary for a full term beginning in January.

On the Special, Democratic candidate Mary Peltola currently leads Republicans Sarah Palin (yes, that Sarah Palin) and Nick Begich with about 70% of votes tallied as of airtime. However, because it's an RCV election --- in which none of the candidates received more than 50% of first choice votes --- once the first round of counting is complete, the candidate in last place will be removed and their voters' second place choices will be redistributed to the other two candidates. The entire race is then tallied again. We are unlikely to know the final winner until the end of August, but if Peltola wins, she'd be the first Alaskan native to be elected to Congress.

In the open primary for the full House term beginning next year --- featuring nearly 30 candidates --- it appears that all three of the candidates in the Special will also advance to November's general election. The fourth candidate in that contest has yet to be determined as counting continues. In the state's U.S. Senate race, Republican Lisa Murkowski --- who, like Liz Cheney, voted against Trump in his second impeachment --- will advance to the November general, where she will face Trump-backed Kelly Tshibaka and two other candidates still to be determined, with just over 70% tallied.

Then, longtime, really smart, independent national security journalist MARCY WHEELER of Emptywheel returns to the show for the first time since the FBI's seizure of highly sensitive and classified national security documents at Mar-a-Lago last week, as stolen from the White House by Donald Trump upon leaving office last year.

As usual, we have a lot to cover with Wheeler, who was busy explaining on Twitter last week before anyone else that we know of --- before the unsealing of the FBI's search warrant detailing "probable cause" of three federal statutes violated by Trump --- that the Dept. of Justice was almost certainly investigating the former President for violations of the Espionage Act. As usual, after the warrant was unsealed, she was proven correct.

Also as usual when Marcy's on, you'll need to tune in for the full story. There is simply no way I can detail all of the critical insight and helpful information she has to offer here. But, among the points she helps clarify and explain along with key context from her years of covering similar cases dealing with the Espionage Act, obstruction of justice and the theft of government documents...

• What each of the three U.S. Criminal Code statutes cited in the warrant means, and the evidence that Trump appears to have blatantly violated each of them.
• Were there, or were there not, documents including nuclear records found and/or sought in the search, as reported by Washington Post before the warrant and inventory list of retrieved items was unsealed.
• Are documents sought by the National Archives and DoJ still missing after the search? And/or have they been mutilated or destroyed in violation of federal statutes?
• Despite a signed declaration by one of Trump's attorneys that all of the highly classified documents and other material stolen from the White House had been returned to the government as of June, in fact, that was proven untrue. Who is the insider that tipped off the DoJ?

Wheeler argues that Trump is likely far more concerned about obstruction charges than even violations of the Espionage Act. Why? "We know that some of the documents that were responsive to subpoenas regarded January 6," she tells me, before suggesting reason to believe that some of the documents Trump was trying to withhold might be related to other crimes of his from farther in the past, such as: obstruction of justice in the Robert Mueller/Russia investigation; his attempt to bribe the Ukrainian President ("We know that the White House counsel didn't provide Congress the fullest version of the 'Perfect Transcript' of the Trump call with Volodymyr Zelenskyy. So that's an example of concealing a document that should have been released."); or the transcript regarding the classified Israeli intelligence that Trump gave to the Russian ambassador during an Oval Office meeting ("the documents got altered and disappeared.")

She has much more, including this fresh tidbit regarding obstruction: "There was a leak by one of the rightwing journalists [covering this story] that said, 'People close to Donald say he doesn't have to give [certain documents] over because the Archives will just give it to the January 6 Committee.' I'm like, 'That's a confession of obstruction! He just literally confessed to the elements of the offense for obstruction!' And honestly, Brad, this is something that virtually everyone is missing --- this is the one that Trump is terrified of."

There are many details we still don't not know and more disturbing revelations to come. As Wheeler notes several times, this all likely to get much much worse for Trump. But, she emphasizes, just based on what we already know it's already really really bad for him.

"Every half hour or so," she says, "this flash goes through my brain, and I go, 'Oh my God, Donnie has really, really screwed himself .' There are ways that I can imagine this snowballing that people aren't even grasping at this point. And that is all separate from the question of whether he's taken the nuclear codes and given it to [Saudi Crown Prince] Mohammed bin Salman. You don't really need to get ahead of the game here to figure out things are pretty bad."

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Update 8/21/2022: Once again, our friend "Spocko" thought our interview with Marcy's was so important that he created a full text transcript of my interview with her. AI was used to do it, so it may have some inaccuracies in it. Nonetheless, I suspect it may be useful for easier access to the record.

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We really do have (at least) two Americas at this point. One America, led by President Joe Biden and his Democratic party in Congress, who have now triumphantly signed into law the largest climate bill in U.S. history, which also includes landmark measures to make healthcare cheaper for tens of millions of Americans. And another America, which is calling for violence, mayhem and murder of American law enforcement officials, and they are led there by the disgraced former President of the United States. We discuss both Americas on today's BradCast. Apologies in advance for the whiplash. [Audio link to full show follows this summary.]

On Tuesday, Joe Biden signed the historic, if somewhat misleadingly named, Inflation Reduction Act (IRA), a trimmed down version of his Build Back Better Act which was blocked by all 50 Senate Republicans and two Democrat last year. The IRA, however, includes some $400 billion to finally begin tackling climate change and moving the nation from dirty fossil fuels to clean, renewable energy; institutes a $2,000 annual cap on prescription drug costs for seniors; allows Medicare to negotiate for cheaper prices with drug companies for the first time ever; and increases taxes on hugely profitable corporations that currently pay no taxes at all. It also helps pays down the deficit and a bunch of other things.

It was passed in both chambers of Congress, where Democrats hold the thinnest of majorities in each, without one single Republican vote, as the President took pains to note during his White House signing ceremony today.

"Let’s be clear," Biden said, "In this historic moment, Democrats sided with the American people, and every single Republican in the Congress sided with the special interests in this vote — every single one. In fact, big drug companies spent nearly $100 million to defeat this bill. A hundred million dollars. And remember: Every single Republican in Congress voted against this bill."

"We’re delivering results for the American people," the President boasted. "We didn’t tear down; we built up. We didn’t look back; we looked forward. And today offers further proof that the soul of America is vibrant, the future of America is bright, and the promise of America is real and just beginning."

"I know there are those here today who hold a dark and despairing view of this country," Biden said. "I’m not one of them. I believe in the promise of America. I believe in the future of this country. I believe in the very soul of this nation. And most of all, I believe in you, the American people."

As to those who do "hold a dark and despairing view of this country," many of them have been showing their true, dark colors over the past week since the FBI obtained a lawful warrant to search Donald Trump's Florida compound for highly classified and sensitive national security documents that he stole from the White House upon leaving office last year.

After Trump revealed the search publicly last week, using rhetoric seemingly chosen to incite violence --- falsely citing "prosecutorial misconduct," "weaponization of the Justice System," describing the U.S. as a "broken, Third-World Country" --- there has been what the DHS and FBI described in a bulletin last week as an "unprecedented" number of "violent threats" against federal law enforcement, courts and government personnel and facilities.

"These threats are occurring primarily online and across multiple platforms, including social media sites, web forums, video sharing platforms, and image boards," the bulletin warns. It was published the day after a Donald Trump supporter was killed following his attempt to attack an FBI field office in Ohio with a nail gun and an AR-15, and as another Trump supporter was taken into custody and charged for issuing graphic calls to "slaughter" federal officers on several different social media cites.

And while threats on far-right, neo-Nazi Internet sites reportedly spiked following Trump's announcement of the FBI search at Mar-a-Lago, it has also spiked on "mainstream" Rightwing media outlets like Fox "News", where the rhetoric --- from many of its prime time hosts and elected Republican officials alike --- has become hauntingly similar to that found on the darkest, far-right cesspools of the Internet.

We're joined today by STEPHANIE FOGGETT, a Research Fellow at The Soufan Center and Director of Global Communications at The Soufan Group, where her areas of expertise include terrorism, online extremism and the rise of white supremacy. She has a great deal of perspective to offer on this issue.

"This rhetoric is alarming, but it is not surprising, especially given the online spaces and activity that I watch every day," she tells me. "I monitor the darkest and most violent corners of this information ecosystem, and I really think, above all, it's important to know that these threats and attacks on law enforcement, they're not coming out of a vacuum."

Indeed, as Matt Gertz at Media Matters observed last week "Fox and other right-wing outlets describe the search as 'the worst attack on this republic in modern history,' part of a 'preemptive coup' to prevent Trump’s reelection, and a sign the country is now a 'tyranny.' They say the FBI is acting like 'the East German Stasi in the Cold War' and the Nazi 'Gestapo,' and call its agents part of a 'lawless criminal organization' that 'planted evidence,' bugged Trump’s bedroom, and may be planning his 'assassination.'"

"And they are quick to tell their viewers that they should fear their own persecution in the wake of the search," Gertz writes. "According to right-wing outlets, 'the real target of this investigation is you'." Just last night, Tucker Carlson, the most popular host on the nation's most popular cable "news" outlet, told viewers that President Biden is now "declar[ing] war on his own population."

"It's rinsing and repeating narratives and concerns that we saw with the Stop the Steal campaign and things like that," Foggett explains. "It's really tapping into this narrative on the far-right that if they can go after a President they will be able to come after you one day."

She worries even more "about what comes next," while offering both historical context for this current moment --- in which "every agency in America, from intelligence agencies to law enforcement agencies [have] come to the assessment that the far-right and domestic extremism is the greatest threat that America is facing today" --- and ways in which responsible Americans can respond in hopes of decreasing the threat.

"It is tricky, and there is no silver bullet. There's no one single thing that can be done to address this," Foggett asserts, before describing how individuals can be mindful of what they share online --- stuff that is meant to go viral with misleading messages --- and how "it's really about individuals in positions of power to be much more careful about the things that they say, and how they interact with the violence that this movement promises."

In short, solving this problem won't be easy, and things may get much worse before they get better. But there are ways to educate Americans about these now main-streamed extremists and ways to "isolate them by rejecting them, by ignoring them, and by denouncing them."

Finally today, Desi Doyen joins us for our latest Green News Report, with more on the Democrats' historic climate bill and several alarming new reports underscoring how the measure has finally become law not a moment too soon...

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At this point on The BradCast we can barely keep up with it all, as the years-long (and continuing) Trump Crime Spree continues to collapse and implode onto itself. [Audio link to full show is posted below this summary.]

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

• Author Salman Rushdie off ventilator, able to talk, and still in critical condition, but "on road to recovery", according to his agent, following his stabbing on Friday in western New York state.

• Federal court rejects Sen. Lindsey Graham's attempt to avoid grand jury subpoena for testimony in Fulton County, Georgia's probe of Trump's 2020 election theft conspiracy in the Peach State. Unless he can wriggle out of it somehow, he is scheduled to be deposed next Tuesday.

• Rudy Giuliani is informed by the Fulton County, GA District Attorney he is now a "target" of her investigation and likely to face criminal indictment.

• FBI and DHS issue joint bulletin over the weekend citing "unprecedented" threats to law enforcement and other government officials from the far-right Trump World following last week's warranted FBI search at Mar-a-Lago and retrieval of stolen, highly classified national security documents stolen from the White House by Trump.

• Congressional Republicans, now unable to defend Trump's theft of documents, demand instead that DoJ release the sealed affidavit from last week's federal court-approved warrant finding "probable cause" that Trump may have violated at least three federal laws (retaining or destroying federal documents; obstructing government proceedings; violating the Espionage Act).

• In Monday court filing, DoJ argues against release of the Mar-a-Lago affidavit, arguing "Disclosure of the warrant affidavit would irreparably harm the government's ongoing criminal investigation" and would "likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations." [Emphasis mine.]

• Over the weekend, NYTimes reported that a Trump lawyer signed a certification in June that all classified materials taken by Trump had been returned. That was not true, as the 11 sets of classified documents retrieved last Monday revealed. The false assertion by a Trump attorney came after nearly a year and a half of discrete efforts by the National Archives and DoJ to retrieve the documents. The paper also reported security camera footage from inside Mar-a-Lago revealed that, just after Team Trump was contacted by the DoJ, boxes were moved into and out of the storage area where Trump unlawfully kept the classified records in a basement storage area at the hotel.

• Mid-show, NBC reported that the Trump Organization's longtime Chief Financial Officer, Allen Weisselberg, was preparing to plead guilty in the Manhattan District Attorney's criminal fraud charges filed against both him and Trump's family business last year. NYTimes is now reporting that, under the plea agreement, Weisselberg will face just 5 months in prison and will not be cooperating with the prosecution against Trump or his family.

• Finally, callers ring in with their own speculation on why they believe Donald Trump was hording those national security documents and refusing for a year and half to give them back. Also, on whether he will finally be held accountable for that and the rest of his endless criming...

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On some days, there is more huge news than others. This is about 10 of those days. With not one, but two absolute blockbuster stories jammed into today's BradCast. [Audio link to full show posted below this summary.]

On Friday, a federal judge unsealed the warrant obtained by the FBI and DOJ to search Trump's Mar-a-Lago compound for classified documents earlier this week. We have now learned that law enforcement officials collected some 11 sets of classified documents from the former President's Florida residence on Monday. Several of them were marked "TOP SECRET/SCI" (Sensitive Compartmented Information), the highest level of security classification. That's an even higher level of secrecy than merely "Top Secret". In all, agents collected four sets of "top secret" docs, three sets of "secret" docs and three marked "confidential", the lowest classification. (The latter, akin to the classification level of a handful of emails sent to Hillary Clinton's private email server when she served as Sec. of State.)

It is currently unknown if any of the sensitive and highly classified documents regarded nuclear secrets or not, as Washington Post reported exclusively on Thursday night.

But the arguably larger blockbuster part of this news is the specific crimes detailed in the warrant, for which DOJ officials sought it in the first place and for which they were required to show "probable cause" to the federal judge. Specially, the warrant reveals that Trump was being investigated for at least three different violations of the United States criminal code. As the Times' Charlie Savage summarizes: "Section 793, better known as the Espionage Act, which covers the unlawful retention of defense-related information that could harm the United States or aid a foreign adversary; Section 1519, which covers destroying or concealing documents to obstruct government investigations or administrative proceedings; and Section 2071, which covers the unlawful removal of government records."

"Notably," Savage adds, "none of those laws turn on whether information was deemed to be unclassified." That is important, of course, because the Trumpers have been claiming over the last day or so that the disgraced former President declassified all the materials before he stole them from the White House. In fact, whether he did or didn't (and that is likely to be of MUCH dispute), it may not matter when prosecuting the Espionage Act, as well as Obstruction, and the Unlawful Removal of Government Documents.

For the record, Julius and Ethel Rosenberg were put to death in 1953 for violations of the Espionage Act.

While all of that is blockbuster enough for one show, receiving much less coverage today is a another of arguably even greater consequence: Democrats (and ONLY Democrats) in the U.S. House on Friday passed the Inflation Reduction Act, including a landmark $370 billion investment to battle climate change. It is the largest such single investment in history by any nation. Moreover the Act includes a ton of other longtime progressive priorities, such as the ability to negotiate Medicare drug prices with Big Pharma, price caps on prescriptions for the elderly, the expansion of Obamacare premium subsidies, new taxes on hugely profitable corporations currently paying zero in taxes and much more. It even puts hundreds of billions toward deficit reduction.

The historic measure, the central pillar of Joe Biden and the Democrats' economic agenda, was passed last weekend in the Senate, also with zero Republican votes, and now heads to the President for his signature.

We are joined today by the great DAVID ROBERTS, who has spent too many years writing about the confluence of politics, climate and energy for many different publications. He now publishes the Volts newsletter and podcast after having joined us at various times over the past 15 years or so to discuss climate matters and what, until now, had been a bevy of failed federal climate and energy policies. Today, however, for the first time, we've got something very real to celebrate which, he suggests, is likely to be a game changer in the fight to mitigate climate change.

"The shortest way to put it," he tells me, in response to my request for his top-line reaction to this bill, "If you recall Obama's stimulus bill, it contained about $90 billion for clean energy. That bill is responsible for kicking off an absolute firestorm of growth in both those markets [solar and wind], basically helping to bring their costs down below fossil fuels and revolutionizing the US energy landscape. That was $90 billion mostly on wind and solar. Now we're talking about $370 BILLION on wind, solar, hydrogen, batteries, go on down the list. So just the math of it, this is going to spur another revolution in US energy."

We discuss the various mechanisms by which this sprawling new law will reduce U.S. greenhouse gas emissions by 40% by 2030 which he sees as likely a minimum of cuts in the deadly pollution driving our worsening climate crisis. All of which, he describes as "miraculous," given the surprising way it all came about just days ago.

"As you know, about a week ago we were staring in the face of a big goose egg from Congress, a big nothing," Roberts recalls. But that changed when Majority Leader Chuck Schumer struck a deal after secret negotiations with, of all people, Sen. Joe Manchin from the coal state of West Virginia. "So this really is the difference between almost total failure on climate and something very close to the level of success that I would have hoped for and dreamed for."

Roberts walks through several of the key points in the bill that he believes will make the greatest difference in our efforts to cut emissions at the federal as well as state and local level.

"One of the most important aspects of this bill is the transformative effects it's going to have on our political economy. It's going to change politics," he argues. "I like to draw the analogy with the defense industry in the US. They are horrific and evil, but they are very savvy in one way, which is that they spread their investments across all 50 states. So then you have 50 states defending defense spending --- which is obnoxious, but it's a good strategy." It's one that he believes will now be echoed in the renewable energy industry, making it much harder to kill in the future, even in --- and, perhaps especially in --- "red" states.

Roberts also concurs with the explanation climate scientist Dr. Michael Mann offered on this show earlier this week, when explained how the bill's incentives work, largely by turning "carrots" (financial incentives) to encourage renewable energy production into "sticks" that will ultimately take down the deadly fossil fuel industry now that they will face real, cleaner and cheaper competition.

"It's a giant bag of carrots," Roberts quips. "The idea, the theory of change, is that these carrots will accelerate the development of renewable energy even further, even faster, and it's going to undercut the economics of fossil fuels even further, even faster. And so fossil fuels are just going to lose on the market." He goes on to add this key point: "One of the things the models find is this bill is going to cause a net reduction in US demand for oil and gasoline for the first time ever. Ever!"

Of course, there are some progressives who have been critical of the bill's giveaways to the fossil fuel industry, included in the 755-page measure in order to win the needed 50th vote in the Senate of Joe Manchin. Those measures "suck," Roberts concurs, even as many on the left have been (purposely?) misinformed about some of those provisions.

"In the grand scheme of things, in the big picture, they are relatively marginal compared to the massive, massive boost that this is going to give clean energy, and the massive amount of emissions it's going to reduce. There is no credible argument otherwise. This is absolutely a net win."

So, yeah. An absolutely historic day --- on at least two remarkable stories...

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Today on The BradCast: We are now learning even more about what Trump didn't bother to tell his followers when he played the victim card on Monday following the FBI's search at his Mar-a-Lago compound in Florida. It's becoming difficult to avoid the pretty clear conclusion that he is now simply hoping to foster political violence as the walls, the truth, and accountability close in on him. [Audio link to full show follows below this summary.]

First up today, here's the original video version of the Lincoln Project's amusing new ad, hoping to get inside Trump's head and make him wonder who must be the reported "insider" that tipped off investigators about stolen national security documents Trump was believed to have been keeping at Mar-a-Lago.

Before diving fully back into the latest news following Monday's Mar-a-Lago search and the reasons for it, we've got just a bit of encouraging news for Democrats and democracy lovers amid these decidedly UNconventional times. Today, a brief look at polling numbers trending toward Dems in this November's mid-terms, particularly for the U.S. Senate, and how best to make sense of that data.

Then, after days of media speculation and parroting of misleading claims sourced largely Trump and his attorneys, some clearer, more plausible and better sourced details are finally beginning to emerge from several outlets regarding what actually happened at Mar-a-Lago, and why the FBI decided they needed to obtain a warrant from a federal court to execute their search of Trump's property.

CNN sums much of it up well. But, long story short, after days of Trump and his gullible minions (including, shamefully enough, a bunch of top elected Republican officials) whining that the DoJ should have first taken less aggressive and invasive steps to get at whatever they were looking for, it turns out, DoJ very much already did!

Following a criminal referral from the National Archives in January, charging that incredibly sensitive national security documents had been stolen by Trump when he left office, a grand jury subpoenaed him for those documents in June. Top DoJ officials also visited Mar-a-Lago to meet with Trump and his attorneys around the same time to get the documents back. But while some were reportedly returned, others were not, according to both an insider and security surveillance video from inside Mar-a-Lago, reportedly turned over by the Trump Organization.

Documents that were withheld from the National Archives, and said to be of a highly classified nature, were also reportedly stored in the unsecured basement at Trump's South Florida resort.

All of that, as Trump has been out-and-out hoping to scam the public and his supporters (I know, shocking!) by falsely portraying himself as the victim of outrageous "prosecutorial misconduct," "the weaponization of the Justice System, and an attack by Radical Left Democrats." All part of little more than a "political witch hunt" which has resulted in the U.S. having become a "broken, Third-World Country."

Except, if he wanted to prove any of that to be true, as we discussed yesterday with former federal prosecutor Randall Eliason, he could have simply released the warrant he was given by the FBI on Monday, detailing what they were looking for and what crimes they believe may have occurred, along with a full inventory that he was given, listing the documents and other materials that the FBI retrieved from his residence.

Trump could have done all of that. He did none of it.

On Thursday, however, Attorney General Merrick Garland offered brief remarks to announce that DoJ has now asked a federal judge to unseal the warrant, while declaring his support the men and women of the DoJ and FBI who have now been mercilessly targeted by Team Trump over the past week.

The selective release of at least part of the warrant by Trump's attorneys, including the name of the federal magistrate judge who signed it, has resulted in anti-Semitic slurs and calls for extreme violence against the judge and his family. Some have even been posted to Trump's own social media outlet.

It's difficult to believe that political violence isn't the whole point of what the disgraced former President is now doing, as the walls continued to close in on him. An attempted attack at an FBI field office in Cincinnati, Ohio today, by a man with body armor, a nail-gun and an AR-15, would seem to underscore that. (Shortly after airtime, it was reported that the man, injured in a gunfight as he fled but still on the run as of airtime, had been killed by authorities. Also, that the man had attended Trump's January 6, 2021 insurrection at the U.S. Capitol.)

Finally today, Desi Doyen joins us for our latest Green News Report, as the deadly effects of our climate emergency quickly worsen around the world; elected Republican officials in the U.S. are found to have been conspiring to punish private companies working to curb carbon emissions; and at least one country with a long history of denialism among its rightwing elected class (other than the U.S.), is finally getting on board to cut greenhouse gas emissions after voters recently elected non-deniers to take control of its government...

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Remember during the 2016 Presidential election when Donald Trump repeated over and over how only mobsters plead the Fifth Amendment? Yeah, so does he, as discussed on today's BradCast . And yet, he repeatedly took the Fifth for some four hours in a row during his deposition in New York today. [Audio link to full show follows below this summary.]

Before we get to those details and the related story of the FBI search at Trump's home in Florida on Monday...Good news for Americans is, of course, bad news for Republicans. According to new numbers released by the Department of Labor on Wednesday, inflation may now be slowing, along with gas prices which fell in July by roughly 20%. Obviously, that is completely thanks to the brilliant policies of President Joe Biden. (It's not, but since the GOP blamed him for inflation and the rise in prices at the pump, it seems only fair to give him all the credit when the numbers go the other way.)

Next, our highly selective and curated coverage of noteworthy results from Tuesday's primary elections in four states --- Connecticut, Minnesota, Vermont and Wisconsin. (And one last noteworthy race called from last week's primary in the state of Washington.) Here too, good news for far-right MAGA Republican voters may turn out to be very bad news for them in November. If not, it's likely to be very bad news for American democracy in advance of the 2024 elections. Many of Trump's endorsed candidates, all of whom are 2020 election deniers, are winning GOP nominations for offices likely to be critical during the 2024 Presidential election, if those candidates are successful in the 2022 election. We cover a bunch of them today, with appropriate warnings, along with a number of the encouraging Democratic victories on Tuesday.

Then, Trump's horrible, no good, very VERY bad week continues to get worse. Of course, that is good news for the bulk of Americans who actually do believe in law and order and accountability and stuff. On Wednesday, Trump finally sat down for the under oath deposition he has fought so hard against in New York Attorney General Letitia James' civil probe into his and the Trump Organization's years of apparent bank, tax and insurance fraud. For four hours, he repeatedly exercised his Constitutional Fifth Amendment right not to incriminate himself, despite claiming for years --- or, at least while he was running for President in 2016 --- that doing so is "horrible, horrible, horrible" and "disgraceful" because "if you're innocent, why are you taking the Fifth Amendment?"

(As it turns out, Trump invoked the Fifth nearly 100 times during his 1990 divorce deposition as well. His own kid, Eric, one of the titular heads of the Trump Organization while Trump was in office, invoked the privilege more than 500 times when he was deposed in the James' probe back in 2020. And, over the past several days, two of his other kids, Don Jr. and Ivanka, were also reportedly deposed. Any guess what they might have done?)

All of this, of course, comes on the heels of the FBI executing a search warrant at Trump's Mar-a-Lago home on Monday, though we still don't actually know what they were looking for nor which of the several federal criminal investigations Trump is the focus of it pertained to. Trump does. It says as much on the warrant he has in his possession. He's just not telling anyone, while describing the matter (as usual) as a "political witch hunt" and declaring that it means the U.S. is now a "broken, Third-World Country."

We're joined today for some really helpful insight into both of these ongoing cases by former Asst. U.S. Attorney in D.C. and chief of the DoJ Public Corruption/Government Fraud section, RANDALL D. ELIASON.

As usual, Eliason, who now teaches law with a focus on white collar crime at George Washington University Law School, is able to offer clear, straight-forward facts on what much of cable news has been speculating about over the past 72 hours or so.

For example, what's the difference between a "raid", as Trump and many on the Right are describing what happened in South Florida on Monday, and the lawful exercise of a search warrant, approved by a federal judge? "I'm not sure if there is a universally agreed-upon definition of a raid," he explains, "but I think the most likely definition is it's a raid if it happens to you."

In response to the reports of Trump pleading the Fifth in his NY fraud case, Eliason doesn't think it's "terribly surprising, given what we know" about both the case and the former President, but he goes on to lay out both the difference between a civil case (such as the James') and a criminal probe, and how the Fifth Amendment can be used against Trump in the former, but not the latter, even if it may help criminal prosecutors, like the Manhattan District Attorney, identify where the disgraced former President himself believes he has potentially committed a crime.

Eliason explains what material would be revealed by the portion of the FBI search warrant from Mar-a-Lago that is now in Trump's possession, even as he is refusing to disclose it. "It has to cite the statutes that the investigators believe might have been violated," he says, while noting that there is nothing that legally prevents Trump from releasing it tothe public. Also, he asserts, Trump would, by now, "have an inventory of what was seized" by the FBI, even if he has also failed to release that information as well, despite his many claims of innocence and being a victim.

We also discuss the hurdles that would have to have been cleared by Trump-appointed FBI Director Christopher Wray, Biden-appointed U.S. Attorney General Merrick Garland, as well as the federal magistrate judge who finally approved the Mar-a-Lago search warrant. (Eliason also breaks down the difference between a federal judge and a federal magistrate judge, who Florida's Republican Sen. Marco Rubio suggested on Fox "News" last night, isn't actually a real judge.)

"Given the outcry that you know was going to result from this, and that we've actually seen, you'd want something far beyond just 'probable cause'," argues Eliason, a contributing columnist at the Washington Post and at his own Sidebars Blog. "The DoJ is not going to do this in a marginal case. Before taking this kind of extraordinary, unprecedented step, they're going to really be sure they've got substantial proof, and that it's something really important that they're going after."

As far as what they're "going after"? Well, nobody --- other than Trump, his attorneys and the FBI, DoJ and a federal judge --- actually knows at this point. There has been much TrumpWorld-sourced reportage that this all has something to do with the more than 15 boxes of Presidential Records, many of them highly classified, according to the National Archives, that Trump absconded with to Florida after leaving the White House. But none of that is actually confirmed.

I convince the usually quite careful Eliason to offer his own speculation about what the FBI could be looking for that would involve such a monumental and politically fraught step as obtaining a search warrant for the home of a former President. "Most people are speculating about these crimes that involve Presidential Records," he says. "If that's all it was, and it was relatively routine stuff, I would be surprised that they'd take this kind of step. That makes me think either the documents themselves are something extraordinarily sensitive, and potentially dangerous to national security, or that there's something else going on."

What might that "something else" be, according to Eliason? For that, you'll need to tune in...

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On today's BradCast: Given the unprecedented breadth of the late-breaking news on Monday, we know remarkably little so far about what actually happened at Donald Trump's Florida estate and why it happened. Not that that has prevented anyone in these United States from speculating about it since then. [Audio link to full show is posted below this summary.]

The news of the FBI's Monday search of Mar-a-Lago literally broke about one second after we signed off from Monday's show and, like the rest of the nation, we've been trying to make sense of it ever since. But, before we get there today, a few other news items of note that are being buried under all of the rest of the news items of note.

Today was primary election day in Connecticut, Minnesota, Vermont and Wisconsin. Happily, so far, we've heard few reports of problems for voters at the polls. As usual, we'll have noteworthy results on tomorrow's show.

There are, however, several important results from last week's primaries in several states that were "called" by the media over the weekend, and some that are still too close to call. Most noteworthy is the weekend call for the GOP Gubernatorial nomination in Arizona, where far-right, Trump-endorsed 2020 election denialist and former TV news anchor Kari Lake was declared the winner. She'll now face off with Democratic nominee, Sec. of State Katie Hobbs in November. Like AZ's Republican nominee for Sec. of State, Mark Finchem --- and despite all counts and recounts confirming Joe Biden's victory there in 2020 --- Lake has said she wouldn't have certified the state's electors in 2020 for the guy who voters actually chose. That makes both her race for Governor and Finchem's for SoS among the most critical contests in the nation this November, in advance of the 2024 Presidential election. (Finchem will face the Democratic nominee, former Maricopa County Recorder Adrian Fontes in the SoS contest in the fall.)

The entire top of the ticket in Michigan is similarly perilous this year, with Republicans having nominated Trump-endorsed 2020 election deniers and conspiracy loons to take on all three Democratic incumbents for Governor, Attorney General and Secretary of State. Reuters, however, broke the exclusive news this week that the state's GOP Attorney General nominee, Matthew DePerno, "led a team that gained unauthorized access to voting equipment while hunting for evidence to support former President Donald Trump’s false election-fraud claims." That now places DePerno --- seeking to become the state's chief law enforcement officer --- squarely at the center of Democratic Attorney General Dana Nessel's criminal probe of several such incidents in MI following the 2020 election, as based on criminal referrals by Sec. of State Jocelyn Benson. It also means Nessel will now likely need to recuse herself and her office from probing her own November challenger. Over the weekend, at a CPAC rally in Dallas, Trump praised DePerno, ironically vowing that "he's going to make sure that you are going to have law and order and fair elections."

The reported unlawful breach of sensitive voting system software by DePerno is now added to a growing list of similar incidents across the country, such as Mesa County, Colorado Clerk, Tina Peters (who has been charged with 7 felonies and 3 misdemeanors related to her own election fraud related breach of her county's voting system software) and the GOP Board of Elections in Coffee County, Georgia (who allegedly allowed a similar breach of the voting system there, followed by an apparent cover-up of the incident by Georgia's Republican Sec. of State Brad Raffensperger.)

Then, we get to Trump's no good, very very bad week, as news broke this afternoon that a three-judge federal appeals court panel in D.C. decided unanimously that, yes, the U.S. House Ways and Means Committee may indeed have access to Trump's tax returns. This is part of a years-long legal battle, where Trump now has just two appeals options left.

But that problem likely pales in comparison for the disgraced former President to what happened at Trump's South Florida home on Monday, while he was in New York to give a sworn deposition to the state Attorney General, Letitia James, who is investigating him, his kids and his Trump Organization for tax, bank and insurance fraud.

As you've heard by now, the FBI, headed by Trump-appointee Christopher Wray, executed a warrant from a federal judge to search Mar-a-Lago. For what? We do not actually know, though there has been much reporting that it is related to Trump taking at least 15 boxes of Presidential Records, much of them reportedly highly classified, with him to Florida after leaving office.

Most of what we know about what happened Monday comes from either Trump himself or "sources" most likely very close to him, likely describing the matter in the best possible light for him. Trump himself was among the first to confirm the news of the search, misleadingly describing it as a "raid" and declaring Mar-a-Lago "under siege", thanks to "prosecutorial misconduct" and "the weaponization of the Justice System."

"Such an assault," he wrote in his lengthy statement, "could only take place in broken, Third-World Countries. Sadly, America has now become one of those Countries, corrupt at a level not seen before." Naturally, the entirety of the rightwing media and elected Republicans simply took his word for it, vowing to exact revenge on Attorney General Merrick Garland, Joe Biden and Democrats in general. Fox "News" headlined some of its fair and balanced coverage this way: "Raid on Trump's Mar-a-Lago home by Biden's politicized FBI means US now a third world country".

Today, we try to break down what is actually known and mostly still unknown about what happened; what kind of trouble Trump could potentially be in, based on the few known facts; and how he could easily prove his (clearly false) claims about it all by simply releasing the search warrant that he would now have, showing why law enforcement was able to obtain the warrant, what they were looking for, and what criminal laws there is "probable cause" to believe he has committed.

What we absolutely do know: This is either a blunder of historic proportions or, far more likely, a matter of monumental criminal importance. Investigators would have had to demonstrate serious probable cause evidence of a very serious crime under way or about to happen --- otherwise Wray, Garland and a federal judge would not all have signed off on the unprecedented action of issuing a warrant to execute a search of the home of a former President of the United States.

What we also now know (as we've been trying to tell you for some time): Garland appears to be doing his job and the walls are continuing to close in on our indescribably corrupt and criminal former President.

Finally, Desi Doyen joins us today for our latest Green News Report, with special coverage of the other biggest story of the week (now largely big-footed by the "siege" at Mar-a-Lago), Senate Democrats' long-overdue, unified passage of historic climate change legislation...

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With the bipartisan January 6 Committee having postponed today's hearing, we take the opportunity on today's BradCast to spend some time rebutting the disgraced former President's supposed rebuttal to the two damning hearings held to date. But, of course, we've got much more as well, including election results from Tuesday and evidence of both voting system problems and bad faith elected MAGA officials already trying to disenfranchise 2022 voters. [Audio link to full show is posted below this summary.]

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

• An error caused by paper jams during ballot scanning on Election Day at the precincts on the state's computer tabulators in Iowa during their June 7 primaries has reportedly resulted in a whole bunch of recounts across the state. Cedar Rapid's KCRG cites an email from the Sec. of State's office which has lead to those recounts, in hopes of reconciling the number of ballots misreported by the scanners as cast with the number of voters who actually signed in to vote.

• Noteworthy election results from four states which held primaries on Tuesday (Maine, Nevada, North Dakota and South Carolina) and one (Texas) which purposely held a low-turnout U.S. Special Election yesterday, instead of at the same time as their regular primaries in March or primary runoffs in May. While we cover a lot of Tuesday's races, and why they matter (or don't), the most disturbing one is likely the Secretary of State's race in Nevada, where a 2020 election denialist by the name of Jim Marchant has apparently won a 38% plurality to become the GOP's nominee to become the critical swing-state's chief election official in advance of the 2024 election.

• The dangers of an election denier like Marchant, who served as one of the state GOP's fake electors in 2020, and who has said he wouldn't have certified Joe Biden's victory over Donald Trump that year had he been SoS at the time, is a stark warning of what lies ahead. But we're already seeing the dangers of brain-poisoned MAGA Mobsters in positions of elected authority. The three-person County Commission in a very right-leaning rural county in New Mexico, is refusing to certify results from their June 7 primary. Even though votes are cast on hand-marked paper ballots across the state, the County Commission unanimously voted against certification of primary results, citing distrust of the County's digital ballot scanners made by Dominion Voting. They have no evidence of fraud, which might otherwise allow a court to order the hand-count they are seeking. They just don't trust the results in the County where Trump won 62% of the vote in 2020. The Republican County Clerk is furious and the Democratic Sec. of State is now suing the County Commission ahead of this Friday's deadline for County certification. Expect much more of this in the months and years ahead. We've long warned about exactly this type of fallout from our irresponsible rush to the use secret vote casting and counting systems made by private vendors and the avenues it opens for opportunists to claim fraud without any evidence of same.

• On Monday night, after the bipartisan U.S. House Select Committee investigating the January 6, 2021 attack on the Capitol and other efforts by Trump to steal the 2020 election, our corrupt former President issued a 12-page rebuttal [PDF] to the Committee's first two hearings. We rebut his dumb rebuttal today. It leans heavily on tired, long-ago debunked nonsense, such as his lead in some swing-states on Election Night "inexplicably" disappearing (after heavily-Republican polling place ballots were quickly tallied before the arduous task of opening and verifying and counting heavily-Democratic vote-by-mail ballots one-by-one) and how thousands attended his rallies, while Biden chose not to hold super-spreader events during the worst pandemic in 100 years. Much of Trump's (ghost-writer's) claims were already debunked during the Committee hearings to date, which he seems to presume that his supporters didn't watch or are too dumb to understand.

  Trump's ghost-writer spends most of the rebuttal ink citing what is laughably described as "indisputable proof" of "Ballot Trafficking" presented in the repeatedly debunked 2000 Mules movie. That's a pretend documentary film created by a long-discredited GOP "election integrity" group named True the Vote and a rightwing activist named Dinesh D'Souza who actually pleaded guilty himself to several federal election fraud crimes before he was later pardoned by Trump.

  As noted, the film has been repeatedly debunked, including by us, several times by now. Months before it was even released, the Georgia Bureau of Investigations (GBI) and FBI concluded the group's claims about cell phone data purporting to reveal evidence of "ballot harvesting" by "mules" of tens or hundreds of thousands of fraudulent ballots cast in drop-boxes, in fact, reveals no crimes at all. A GA state Board of Elections investigation after the movie's release found that supposed "ballot mules" in Atlanta, shown via security camera footage in the film, were just regular voters legally casting their own ballot and those of direct family members. None of the "mules" are ever seen in the film visiting a drop-box or multiple boxes more than once.

  But, perhaps the most stinging rebuttal came from Trump's own Attorney General, Bill Barr this week. During sworn testimony to the J6 Committee, shared by the panel on Monday, Barr laughed out loud at even the mention of the name of the film, before going on to explain how he found it to be "singularly unimpressive," "indefensible," and that it failed to "establish widespread illegal harvesting." That, of course, is a long way from the "indisputable proof" Trump's dumb rebuttal claimed it to be.

• Finally, speaking of the House J6 Committee, Republican Vice Chair Liz Cheney released a video teaser on Tuesday for its next upcoming hearing scheduled for Thursday. This one will focus on the pressure Trump placed on Vice President Mike Pence to help him steal the 2020 election by tossing out valid Electoral College votes on January 6, 2021. Cheney's teaser video includes testimony from one of Trump's top White House attorneys who says he warned outside lawyer John Eastman, who developed the scheme for Pence to toss out the votes, to "get a great f'ing criminal defense lawyer," adding "you're gonna need it."

Special Coverage of tomorrow's J6 Hearing, of course, on tomorrow's BradCast!...

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As we were forced to ask several times on today's BradCast: What the hell is up with Republicans and election fraud in Michigan?! But it's not only in Michigan today, as it turns out. [Audio link to full show follows this summary.]

In upstate New York, in a Rensselaer County city named Troy on Wednesday, a Republican city councilwoman named Kim Ashe-McPherson pleaded guilty to federal charges related to the submission of three fraudulent absentee ballots in both her primary and general election last year. It's a somewhat remarkable and expansive story of apparently a whole bunch of Republican criming going on in Troy and Rensselaer County, with the Albany Times Union describing Ashe-McPherson as "the first person snared in a federal grand jury investigation examining widespread ballot-fraud allegations in Rensselaer County."

Another separate probe by State Police appears to be examining fraud in Troy's Mayoral race, while the GOP Mayor and a whole bunch of GOP County officials have been subpoenaed and/or had their phones seized by law enforcement in recent months. Ashe-McPherson's absentee ballot fraud was apparently carried out with the help of an unnamed insider official at the Rensselaer County Board of Elections. "Earlier this year," the paper notes, "Jason Schofield, the Republican commissioner for the county's Board of Elections, was subpoenaed in connection with the federal investigation." But there's a whole lot of other GOPers who also seem tied into this, and may end up in handcuffs in the days ahead.

Is it any wonder that Republicans accuse Democrats of voter fraud all the time, given that Republicans seem to be constantly committing it themselves?

But things are even more insane in the great state of Michigan. You'll recall that recently, 5 of 10 Republican Gubernatorial candidates vying for the GOP nod to take on Michigan's Democratic Gov. Gretchen Whitmer this November were disqualified from the ballot, after the state Bureau of Elections discovered they had submitted some 68,000 fraudulent petition signatures between them in an attempt to qualify for the ballot. Well, the trouble continues for at least one of the remaining candidates who did manage to qualify without cheating.

All of the GOP gubernatorial hopefuls in MI are 2020 election deniers (despite Joe Biden having defeated Donald Trump in the state by about 150,000 votes, as confirmed by a months long investigation by the GOP-controlled state Senate). But one of the most ardent of the deniers --- and a leading candidate now that the others have been disqualified --- 40-year old Ryan Kelley, was arrested and charged by federal officials on Thursday for his role in the January 6, 2021 insurrection at the U.S. Capitol.

Kelley stands accused, according to the criminal complaint, of disruptive conduct, injuring public property and entering restricted space without permission. Documents filed in court allege he is seen on video that day waving crowds into the Capitol after police lines were defeated. He faces up to a year in prison and a fine as high as $100,000. Perhaps this will actually help his bid for the GOP nomination on August 2nd!

But that's not all we have to report out of MI today, particularly when it comes to GIO election fraud.

Last week, the organizer of a GOP petition effort to qualify a ballot initiative known as "Secure MI Vote", announced they missed the deadline to submit the number of signatures needed. Why did the effort behind this scheme to supposedly curb election fraud with severe new restrictions on voting fail? Election fraud, of course! The organizers discovered some 20,000 signatures they had gathered were fraudulent! (Hey, at least they checked them before turning them in, unlike those 5 GOP Gubernatorial candidates!)

The scheme, however, is even slimier than it sounds. Most of the provisions in the so-far-failed initiative had already been passed by the GOP state legislature, but vetoed by Democratic Gov. Whitmer. But, thanks to a loophole in MI state law, once a ballot initiative qualifies for the ballot, the Legislature is then welcome to pass it into law on a simple, veto-proof majority vote. That was the plan that seems to have failed here.

We're joined today to discuss the entire fine mess by NANCY WANG, Executive Director of the non-partisan, pro-democracy group Voters Not Politicians which, in 2018, enlisted volunteers (rather than corrupt paid contractors) to collect more than 400,000 signatures to place an initiative on MI's ballot for an Independent Redistricting Commission. The measure was successfully adopted by state voters.

"There are so many things wrong right now with the GOP and what they're trying to do with voting rights in Michigan," Wang explains. "What's really caught them is this mixture of incompetence and hypocrisy. They're selling themselves to the voters as the party that's going to 'protect' us from fraud. The only fraud they can demonstrate in our election is what they have inside their own camp. It's ironic, at the very least, that they have been the victim of their own fraud, when they've tried to victimize voters with all of these shenanigans."

Wang walks us through those "shenanigans" and various "loopholes" in state law that allow, for example, petition gathers to be paid by the signature and to lie to voters about the initiative they are asking them to sign on to. In this case, while the GOP group was clear that this measure would never actually be on the ballot, signature gatherers reportedly told prospective signers that the plan was simply to put these issues --- like instituting extreme Photo ID restrictions and restricting absentee voting --- before voters.

"This group is headed by the GOP, funded by the GOP, and they're using the citizens' petition process, lying to voters to sign this thing so that they can do an end-run around the voters," charges Wang. "They're never going to put these provisions on the ballot, they were very clear about that. They were just going to ride this loophole to the legislature to get these voter suppression measures passed." Not that that's what their signature gatherers told people on the ground, however.

"It's about dishonesty. It's about misleading voters. It's about trying to game the system of citizens' petitions. I don't think you could put anything in place that would stop people who don't have any limits whatsoever, any standards that they'll abide by, to further their agenda," Wang tells me.

Next, a story we ran out of time for on our previous BradCast, covering results and other fallout from Tuesday's midterm primaries in seven states. You may recall our coverage of a voting system disaster in Clackamas County, Oregon a couple of weeks ago, where a problem with smeared barcodes printed on vote-by-mail ballots resulted in them being rejected by the computer tabulators. The local County Clerk, in that case, ordered tens of thousands of those otherwise perfectly valid ballots to be duplicated by hand, one-by-one, so they could be run through the tabulators, rather than simply counting them in public by hand.

Well, guess what? It appears the very same thing happened in San Joaquin County, California this week, with 25 to 30% of the County's mail ballots being rejected by the computer scanners. And, once again, rather than hand-counting them, the County is duplicating each and every one of them by hand, this time with the help of about 13 employees from the printing company who screwed up in the first place.

I don't know about you, but I don't want my ballot "remade" behind closed doors by either a County election official OR some schmoe from a commercial printing outfit. But maybe that's just me. In any event, San Joaquin voters may have to wait a bit longer than usual this year for final results in their critical midterm primaries.

Finally, Desi Doyen joins us for our latest Green News Report, with great news for war profiteering Big Oil companies (if terrible news for the rest of us); lousy news about snow disappearing from the previously snow-covered Alps; but some better news regarding the Biden Administration's move to create a new marine sanctuary and end the use of single-use plastic in our national parks...

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Compare and contrast on today's BradCast. Shoddy treatment of real election observers versus velvet glove treatment of wingnut con-artists claiming the 2020 election was stolen. In one case, longtime non-partisan election integrity observers are locked out from overseeing public election processing before this past week's critical primary elections in a North Carolina county. In the other, longtime phony GOP "voter fraud" fraudsters pretending to be election integrity advocates see their false claims in a propaganda film expensively debunked by both law enforcement and state election officials in Georgia. [Audio link to full show follows below this summary.]

First up, it's the fraudsters who recently released a propaganda documentary into theaters called 2000 Mules. We debunked the film's central claims in detail on this program when it was first released about two weeks ago, as it began trending in rightwing social media circles along with claims from many easily-duped folks that the film proves the election was stolen from Donald Trump.

A number of media outlets explained at the time why it doesn't even come close to doing any such thing. The film relies on cell phone geolocation tracking data and some security camera footage of absentee ballot drop-boxes in several swing states won by Joe Biden to claim that thousands of "ballot mules" illegally "harvested" tens of thousands of fake ballots (from somewhere or other) and deposited them unlawfully to steal the election from Trump. Supposedly, all of those ballots were unlawful votes for Biden, but there is no evidence for that either.

The film was produced and directed by a longtime rightwing activist named Dinesh D'Souza (who pleaded guilty to actual federal election fraud crimes some years ago, before being pardoned by Donald Trump). D'Souza highlights the claims of a longtime, dark money-funded, many times discredited, fake "election integrity" group from Texas calling themselves True the Vote. But, apparently, not mentioned in the film is that their cell phone "evidence" of repeated visits within 100 feet of drop-boxes and security camera footage was already reviewed and rejected by both the FBI and the Director of the Georgia Bureau of Investigation (GBI) before the film was even released earlier this month. A September 30, 2021 letter from GBI Director D. Victor Reynolds explains that, after a full investigation, and consultation with the FBI, the data submitted "does not rise to the level of probable cause that a crime has been committed."

That finding was further buttressed this week when Georgia's state Board of Elections dismissed the groups allegations of fraud by tracking down those shown on camera as depositing multiple ballots into drop-boxes. As Washington Post reports, state investigators tracked down the voters shown in the film and were able to confirm the ballots they deposited were actually those of direct family members, which is perfectly lawful in the state.

It's unknown how many tax-payer dollars were wasted by state (and federal) officials on these wild goose chases into perfectly legal voting, based on D'Souza and True The Vote's absurd claims.

Meanwhile, things were very different this past week in North Carolina, where actual election integrity advocates were prevented from doing their work of overseeing elections on behalf of the public and were even threatened with arrest in Wake County, the closely divided swing-state's most populous county.

We're joined today by two guests we've known for a while and who have been on the show in the past. LYNN BERNSTEIN is the founder of Transparent Elections NC and JOHN BRAKEY is the Director of AUDIT-USA. (Listeners will remember Brakey as the guy who originally exposed on this program, and later in video that went viral, that election denialists in Maricopa County, Arizona last year were examining paper ballots under microscopes for evidence of bamboo fibers to prove their false claim that thousands of fraudulent ballots were somehow cast from someone or another in Asia. Brakey served for months as a public observer of that failed "forensic audit" by the now-defunct Cyber Ninjas in Phoenix.)

This week, the groups of both Bernstein and Brakey published a press release announcing that the two had been barred from the grounds of the Wake County Board of Elections in advance of last Tuesday's midterm primary tabulation. The announcement charged they "were threatened with arrest and prevented from observing routine election administration activities by Wake County election administrator Gary Sims, in violation of North Carolina State Election Law."

We've got audio clips today of the pair being told they were not allowed on the grounds of the Wake County BOE, and of Bernstein's husband Nick being escorted out during the public comment period by law enforcement at a BOE meeting on Monday.

So, what's going on here? Bernstein, an aerospace engineer, trained international election observer and longtime election integrity advocate, claims that "Sims has personally harassed me at Board of Elections meetings in front of the Board and he also threatened to call the police on me when I came to observe on Election Night for the 2020 primary, when I was an at-large observer for the Wake County Democratic Party." She says she and Brakey arrived outside the Wake BOE last week for only minutes before "the police arrived and said we were banned forever" from the grounds of the public facility.

Brakey, who was in town to help oversee tabulation and other often dull, but incredibly important public election oversight procedures, says "It's election time, and this is what I do. I travel the country and I try to work with and mentor other election transparency activists." He tells us that Sims was "out there in four minutes" after they arrived at the BOE and "he was steaming just having [Bernstein] there."

But why was all of this even happening? And why is Wake, according to Bernstein, the only county in the state that does not allow observers of the tabulation on Election Night? "If there's a motive behind all of this, it is not election fraud or anything like that," Brakey tells me. The pair speculate it has something to do with Sims hoping to move the County from their current hand-marked paper ballot system to an expensive, unverifiable touchscreen Ballot Marking Device computerized system for voters. Bernstein has long opposed moving to that type of system, as has Brakey (along with most cybersecurity and voting systems experts.)

Tune in for many more details on all of this, but I wanted to give this incident and both of these folks the highlight they deserve for what seems to be an outrageous attempt to prevent their important work bearing witness for the public when it comes to our public elections. "The actual act of voting is a secret process," Brakey notes. "Counting is a public process. It used to be, and it must be again."

We are more than happy, of course, to welcome Wake's Election Administration Gary Sims to respond on the program with his side of the story as well if he chooses to do so. We'd love to have him!

Finally, we close today with a few thoughts on all of the above, and a bit of listener email regarding trillions of tax-payer dollars in subsidies ("socialized welfare") to fossil fuel companies --- the most profitable companies in the world --- even as clean, renewable energy companies continue to struggle without the same kind of financial support from the government...

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What's the difference between a white supremacist mass murderer in Buffalo, NY and a GOP candidate for the U.S. Senate? Well, in terms of their racist rhetoric not a heck of a lot, it seems. That and many more reasons to both pay close attention and be skeptical of "conventional wisdom" regarding this November's critical midterm elections on today's BradCast, as American Democracy v. Violent Strongman Authoritarianism is most definitely on the ballot in every state this year. [Audio link to full show follows this summary.]

Among the stories underscoring all of that on today's program...

• A number of the attorneys who helped Donald Trump try to steal the 2020 election have had their law licenses suspended or are facing permanent disbarment. One attorney who has yet to be held accountable in any way, however, is Sen. Ted Cruz, who volunteered to represent Trump in two different bogus election challenges before the U.S. Supreme Court; knowingly spread false claims of fraud; and then voted against certification of Joe Biden's Electoral College victory even after Trump's deadly insurrection at the U.S. Capitol. A bipartisan group is now hoping to change that. This week, they filed a complaint with the State Bar of Texas, seeking an investigation into possible disbarment for the sleazy Texas Senator/still-licensed attorney.

• Speaking of sleazy still-licensed Texas attorneys, the state's chief law enforcement officer, Attorney General Ken Paxton now says he has been sued by the Texas State Bar for misconduct. Paxton has already been charged with several securities fraud felonies; is being investigated by the FBI for abuse of power and bribery after a federal criminal complaint by eight of his top former deputies; and brought a laughable case to the U.S. Supreme Court seeking to toss the 2020 election results in four states that were not Texas. It is for his help in trying to steal the election for Trump at SCOTUS that has resulted in the state Bar's lawsuit against him. Paxton is running for re-election anyway. On Tuesday he's in a runoff election with the state's Land Commissioner George P. Bush (the very Trumpy son of Jeb and nephew of the guy who made "one of the biggest Freudian slips of all time" at Southern Methodist University yesterday.) No sooner did Paxton get sued by the state bar then he turned around and opened an investigation into the Texas Bar Foundation for "facilitating mass influx of illegal aliens" --- ya know, the stuff that racist "great replacement" conspiracy theories are made of.

• And speaking of the racist "great replacement" conspiracy theory, as repeatedly cited by the white supremacist domestic terrorist who murdered 10 and wounded 3 others in a Buffalo supermarket in a predominantly black neighborhood last weekend, a whole bunch of Republicans running for the U.S. Senate this year have been using nearly identical rhetoric to that racist murderer for a very long time. The once-fringe, now mainstream rightwing theory claims that Democrats are hoping to replace white American voters with immigrants, Jews and people of color to control the electorate with one-party rule. Or something. And, in the wake of Trump's embrace of white nationalism as President, AP highlighted a bevvy of mainstream GOP Senate candidates this year --- either running for reelection or for the party's nomination --- whose rhetoric on immigration directly echoes the same baseless, racist fear-mongering. Their list includes Blake Masters in Arizona; A.G. Eric Schmitt and disgraced former Gov. Eric Greitens in Missouri; GOP Senate nominee J.D. Vance in Ohio; and two-term U.S. Senator Ron Johnson of Wisconsin. The full list of elected and hopeful GOP officials who also espouse rhetoric shared by rightwing domestic terrorists is obviously much, much longer.

• And speaking of domestic terrorists, the U.S. House passed the Domestic Terrorism Prevention Act (again) on Wednesday. All Democrats voted for it. Every Republican, except for retiring Illinois Rep. Adam Kinzinger, voted against it. Democrats vow to bring it up in the Senate next week. It may be a heavy lift over the undemocratic 60-vote filibuster threshold in the upper chamber. Too bad it wasn't called the Domestic Terrorism by Non-White People Prevention Act. It might have easily passed in both chambers, as most legislation related to terrorism that doesn't target white supremacists tends to.

• And, speaking of extremism, on Thursday, the Oklahoma legislature passed a new law that, if signed by the Governor, would ban nearly all abortions starting at fertilization, which would make it the nation's strictest abortion law. It would also, in turn, make certain forms of birth control --- like IUDs, The Bill, Plan B, which don't necessarily prevent fertilization, but prevent implantation of a fertilized egg --- a form of "abortion" or, in Oklahoma, a homicide. More Republican-controlled states are likely to follow suit, despite the vast majority of Americans who support abortion rights. Please keep all of this in mind in November.

• And, speaking of this November, polling last month from the Harvard Youth Poll suggests --- contrary to "conventional wisdom" --- that young voters are very eager to vote this year. The number who say they are "definitely" voting in the 2022 election is almost identical to the number who said same before the 2018 "blue wave" election. That could be good news for Democrats. Again, please ignore "conventional wisdom" in these decidedly unconventional times.

• And, speaking of young people, even in deep "red" Wyoming, they don't dig attacks on LGBTQ+ people --- yes, even trans people --- as the state's U.S. Senator Cynthia Lummis found out the embarrassing way during a commencement address she gave over the weekend at the University of Wyoming. It took a while, but now she "apologizes" if she offended anyone with her remarks that were broadly booed during the speech at the school once attended by Matthew Shepard, the young gay man who was brutally beaten and left to die on a fence nearly 25 years ago. He became one of the namesakes of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

• And, speaking of civil rights for all --- and of keeping Big Government and the GOP's stolen and packed Supreme Court out of our bedrooms and doctor's offices --- support for abortion rights has reached a record high in a new NBC News poll following the leak of SCOTUS' draft opinion overturning Roe v. Wade and its 50 years of protection for reproductive rights. The poll also finds support for same-sex marriage (perhaps next on the chopping block after Roe's Constitutionally established right to privacy is killed) at an all time high, while approval for the High Court is at an all time, 30-year low in this particular poll.

• Finally, speaking of nothing but disturbing news....Desi Doyen joins us for too much of it in our latest Green News Report...

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