Until (and unless) Democrats can pick up at least two seats in the U.S. Senate this November in order to reform the filibuster --- while retaining their majority in the U.S. House and control of the White House --- the fight for personal freedoms, such as reproductive rights and voting rights, is going to remain a grueling, state-by-state slog. That's where we are right now. But we can change that this November if we ALL turn out and fight like hell to cast our vote. In the meantime, on today's BradCast, we've got some good news in at least some of those state-by-state battles.

Among the many stories covered today...

• New evidence of the unapologetic corruption of Donald Trump's disgraced former Interior Dept. Secretary Ryan Zinke, who, incredibly enough, is currently the front-runner to win a new U.S. House seat in Montana. Voters in Montana would be wise to reconsider that idea.

• New evidence of the unspeakable ignorance of former NFL great Herschel Walker, who is now the embarrassing Trump-backed nominee for the U.S. Senate in Georgia, where he is running against Democratic Sen. Raphael Warnock. Despite lying about his past, and offering inane, barely comprehensible comments on the campaign trail, not to mention his latest ridiculous response to the Democrats' landmark new climate bill, investing $370 billion to take on our climate crisis, Walker remains very much in the running to unseat Warnock. Voters in Georgia would be wise to reconsider that idea.

• Newly triggered abortion bans went into effect in three more states on Thursday, in Idaho, Tennessee and Texas. That brings the number of states where reproductive rights and personal freedoms are now completely banned or severely restricted to 14. Many of those states do not allow exceptions for rape, incest or even the life or health of the mother. As the President of the Center for Reproductive Rights told HuffPost, "Vast swaths of the nation, especially in the South and Midwest, are now abortion deserts that, for many, will be impossible to escape." There was a small bit of good news on this front on Wednesday in federal court, however, regarding Idaho's draconian restrictions, as challenged by the Biden Administration's Dept. of Justice. Voters in all of these states are going to need to show up in unprecedented numbers to make their voices heard in November.

• There was also some good news on this front following this week's elections in New York and Florida, even beyond the political earthquake of Democratic candidate Pat Ryan's win in a special election for the U.S. House in a NY swing-district that would almost certainly have been won by the Republican candidate prior to the U.S. Supreme Court's corrupt GOP majority overturning Roe v. Wade earlier this summer. In FL, the sole Democrat in the state House to vote in favor of new restrictions on abortion and in favor of the Republicans' "Don't Say Gay" law was booted from his job on Tuesday. Also, a judge in FL's Hillsborough County, who made himself infamous earlier this year by denying an abortion to a 17-year old girl because he didn't think her grades were high enough, was also tossed out of his job. Good work, Florida voters! More like that on November 8, please!

• And then there's the state-by-state fight for voting rights. Here, we've got several encouraging pieces of news from the court in recent days. Earlier this month, a federal court in Texas rejected a state voter suppression law that would leave those who do not live permanently in the state (for example, those who may attend school there) from being able to register to vote in either that state or their own home state! "The part-time and off-campus college students are undeniably disenfranchised because they are unable to register to vote both where they have moved and where they have moved from," the U.S. District Court Judge wrote when issuing his summary judgment [PDF] in favor of plaintiffs. "The court is likewise unable to discern where college students should register as the Temporary-Relocation Provision [of Senate Bill 1111] is written. And the possible repercussions are not just complete disenfranchisement, but also criminal liability. The Temporary-Relocation Provision does not overcome any degree of constitutional scrutiny," he found in tossing out the provision. Naturally, the state's criminally-indicted Attorney General Ken Paxton is appealing the matter to the rightwing 5th U.S. Circuit Court of Appeals.

• Late last week, there was good news for voters in North Carolina, as the state's Supreme Court determined that two state Constitutional Amendments --- one to impose Photo ID restrictions on voters, the other to lower taxes --- were unlawfully adopted by a racially gerrymandered state legislature. Some 28 seats in the GOP-majority General Assembly were found by a federal court to have been unlawful racial gerrymanders. But, after that finding and before a new election to correct the gerrymanders, the state Assembly rushed a vote to put the Amendments onto the state ballot. Without the illegal gerrymanders, they likely wouldn't have had enough votes to do so. NC's high court last week ruled, as WRAL summarized, "lawmakers who won their seats through unconstitutional racial gerrymandering cannot then submit constitutional amendments that would permanently disadvantage the same groups discriminated against in the racial gerrymandering process." The state's Republican House Speaker vows to appeal to SCOTUS.

• And, also late last week, a federal judge determined that Arkansas violated the Voting Rights Act by restricting the number of people who could receive assistance in voting --- such as help in translating an English language ballot --- by any one person. The state law said no single person could help more than six voters. The court found that to be arbitrary and in violation of federal law. "Arkansas has determined that voters should only get the assistor of their choice up to a point," the Judge wrote in his ruling, "but there is no evidence Congress contemplated this numerical restriction on the right.” A similar suit has been filed in Missouri, where state Republicans have limited the number of voters who may be helped by any one person to...one!

• Finally, before we get to today's Green News Report with Desi Doyen --- in which compelling reason is offered to Virginia voters to vote out their GOP climate change denying Congressman Bob Good --- some breaking news out of California, where regulators have finalized a requirement that will allow only new, zero-emissions vehicles (for example, all-electric vehicles) to be sold in the Golden State as of 2035. Desi explains why that's very good news for both the state and the world. Then, she closes out today's program with our latest GNR, including disturbing news on the worst draught in Europe in at least 500 years; the surprising popularity of climate action among Americans; troubling news about fracking and children's health; and oil giant Saudi Arabia's plan to break into the emerging EV market...

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For some, it was a political "earthquake" on Tuesday. For us here at BradCast, it largely served to confirm what we've been arguing for many months now: Reports about a Democratic shellacking this fall are greatly exaggerated. And, the swing-district Democratic win in a New York U.S. House special election on Tuesday isn't the only new evidence today helping to support that case. [Audio link to full show follows this summary.]

First up, we run through some of the noteworthy reported election results from yesterday's primaries and runoffs in Oklahoma, Florida and New York. Tune in for specific details and specific races. But while there was good news and bad for both Democrats and progressives on Tuesday, the biggest story of the night was clearly Democratic candidate Pat Ryan's defeat of Republican Marc Molinaro in what both parties have been regarding as a bellwether for this November, a special U.S. House election in NY's 19th Congressional District. The Hudson Valley district is a classic "swing-district" that tends to follow the mood of the nation. It barely went for Biden in 2020 and for Trump and Obama in the years prior. In a "red wave" year for Republicans --- as both the GOP and media have long been instructing us that this year's midterms would be --- Molinaro should have easily won on Tuesday. Instead, he lost by 2 points.

In another special election for the U.S. House yesterday, in the state 23rd District, the Republican candidate won in the very Trumpy district, but by just over 6 points. That, after the Republican who previously held the seat had won it by 17 points back in 2020. It was yet another contest in which Democrats gained over their 2020 numbers, rather than lost, as would be expected in a "red wave" year.

In fact, where Republicans earlier this year had been winning special elections for the House by anywhere from 10 to 20 points more than Trump had won the same districts just two years ago, everything changed on June 24, when the GOP's stolen and packed U.S. Supreme Court, in their Dobbs decision, overturned Roe v. Wade and its 50 years of Constitutionally-protected privacy rights and reproductive freedoms. Since that ruling, every single special House election --- four of them, from Nebraska to Minnesota to New York --- has seen results swing toward Democrats from their 2020 numbers in the same district.

Ryan's victory on Tuesday in NY-19 is being chalked up to his campaign focused on abortion rights, fueled by campaign signs reading "Choice is on the Ballot." Indeed, Ryan also tied choice to freedom and democracy, as noted in his victory tweet last night. "Choice was on the ballot. Freedom was on the ballot, and tonight choice and freedom won," said Ryan, adding: "We voted like our democracy was on the line because it is." In the bargain, he concluded, "We upended everything we thought we knew about politics and did it together."

The GOP candidate, meanwhile --- a fairly strong candidate, not one of the Trump-backed insane ones --- attempted to make the contest a referendum on President Biden, inflation, crime and against one-party rule in D.C., as Republicans have hoped to do elsewhere for this November's midterms. It didn't work.

We've been arguing for many months now on this show that voters should simply ignore "Conventional Wisdom" based on historical data for this year's elections, as these are decidedly UNconventional times. There are many things that make it so, but the overturning of Roe v. Wade is certainly a great big one.

Evidence of that is also showing up elsewhere, as our guest today, TOM BONIER, CEO of TargetSmart, a Democratic data firm, has been noticing and tweeting excitedly about over the past few weeks since Kansas voters decisively rejected a state Constitutional ballot initiative that would have allowed Republicans in the traditionally conservative state to ban abortion rights.

Since then, Bonier explains, in state after state that he has examined --- so-called "red" and "blue" ones and even critical battlegrounds like Pennsylvania, Ohio, and North Carolina, among others --- the data for new voter registrations after the Dobbs ruling show numbers are spiking for women, particularly Democratic women and, specifically, those under 25.

"I'm not one that's prone to hyperbole," Bonier tells me, responding to a question about one of the stats he posted to Twitter, which he described as "jaw-dropping." He says that "when analyzing election data, you generally don't see variations from the norm, from past historical precedent, that are really that substantial." But, after being stunned by what happened in Kansas, he noticed there had been a huge spike in voter registrations in the state in its run-up.

"Of the voters who registered to vote in Kansas after the June 24th Dobbs decision, 70% were women," he found. "I've never seen anything approaching that degree of gender gap. It just doesn't happen."

"The reason you look at new registrants is because it's a great indicator of intensity. It's not that new registrants by themselves will swing the election, but it is a reliable indicator of which groups are really fired up about voting, and that's what's going to decide this election."

He discovered similarly "jaw-dropping" numbers for Pennsylvania after the Dobbs ruling. "It's not just that women are registering to vote. When you look at who those women are, they're overwhelmingly women and Democrats." New Dem registrations, he says, are outpacing Republicans 4 to 1. "Over half of them --- 54% of them --- are under the age of 25. So again, they're younger, they're more likely to be Democrats, overwhelmingly, young Democratic women being engaged."

In North Carolina, like Pennsylvania, where Democrats are eyeing another potential U.S. Senate pick-up that seemed impossible just several weeks ago, Bonier says he is seeing a similar trend. Before Dobbs, "Republicans had a one point advantage among new registrants. Since Dobbs that's shifted to a 5-point Democratic advantage...again, driven by younger women primarily, though not exclusively."

In Ohio, a similar story. In fact, Bonier says women are out-registering men in Idaho, Wisconsin, Louisiana, Arkansas and elsewhere.

Has he drilled down on these statewide numbers to see if they will have an affect on the heavily gerrymandered new maps that will favor Republicans in the U.S. House this year? So far, Bonier argues, they are "seeing the same pattern in these more potentially competitive Congressional districts."

Are the numbers large enough that, even with that gerrymandering, Democrats might actually be able to hold their majority in the House this November? "If you'd asked me this a few months ago, I never would have said this, but yes, Democrats have a chance. It's still an uphill battle --- especially because of the structural disadvantages --- but there's clearly a chance. We're not talking about the slimmest of margins, we're talking about a real opportunity. But for that to bear fruit for Democrats, it's going to take this trend continuing. It's going to take Dobbs being an inflection point, where we look back and we say, 'This election cycle, there was pre-Dobbs and there was post-Dobbs, and Dobbs is really what changed everything.'"

Bonier cautions that it "will still be difficult" and nothing is certain, especially since betwen this and so much else this year, there are simply no modern historical equivalents to compare it to. "So the best thing we can do is go out, work as hard as we can, and fight for every vote."

Have we been right to argue for so many months that voters should simply ignore the "conventional wisdom" --- from political professionals, including guys like Bonier --- in these UNconventional times? Tune in for his answer...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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IN TODAY'S RADIO REPORT: Inflation Reduction Act's landmark climate action is now the law of the land; Western states hit with unprecedented water cuts; Massachusetts passes sweeping climate and energy bill; PLUS: California proposes big changes amid historic drought... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Hundreds of thousands drop flood insurance as rates rise; Court clears path for Biden oil and gas leasing pause; Judge halts federal coal leasing; Five million in southwest China face power cuts in heatwave; 20 years of data confirm forest fires are getting worse; EU food companies break their plastics promises; San Francisco's salt marsh restoration a stunning success; Ants can be better than pesticides in growing crops; Major cities blighted by nitrogen dioxide pollution... PLUS: Climate change is a secret driver of inflation... and much, MUCH more! ...

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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IN TODAY'S RADIO REPORT: Historic Inflation Reduction Act passes Congress --- just don't call it a 'climate' bill; Scientists surprised to find trees growing in the rapidly warming Arctic; PLUS: 100 million Americans will live in an 'extreme heat belt' by 2053, study warns... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): New water cuts coming for Southwest as Colorado River falls into Tier 2 shortage; Warming Doubles Risk Of Catastrophic California 'Megaflood'; Climate Refugees a Trickle Now, soon to Be a Flood; Marine Heatwaves Increasingly Intense; Solar is happening. Nuclear is (mostly) not; Why Scientists Have Pumped A Potent Greenhouse Gas Into Public Streams... PLUS: Celebrate the Inflation Reduction Act. Then Double Down on Demonizing Fossil Fuels.... and much, MUCH more! ...

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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IN TODAY'S RADIO REPORT: GNR Special Coverage: U.S. Senate Democrats pass landmark climate legislation, the first in U.S. history... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Biden surveys flood damage in Kentucky, pledges more US help; 'The Biggest Uncertainty Is Us': sustainable choices must become the easiest, most affordable ones; Don't listen to the climate doomists: 'end times' narrative only benefits fossil fuel interests; Why it took Congress so long to act on climate; Mexico desparate for water while beverage companies drain aquifers; EPA finds history of DDT dumping off of L.A.'s coast even worse than expected; Study connects climate hazards to nearly 60 percent of infectious diseases; Renewed shelling around Ukraine's largest nuclear plant raises new fears... PLUS: Peter Dykstra: The Birth of Greenwashing... and much, MUCH more! ...

We've been joined countless times over the years on The BradCast by renowned Penn State climate scientist DR. MICHAEL E. MANN. Given the circumstances, he is always remarkably optimistic. Today, there was really something for him to be optimistic about. [Audio link to full show is posted below this summary.]

The U.S. Senate held its first hearings on climate change 36 years ago --- led by a Republican Senator from Rhode Island at the time --- and attended by a then new Senator from Tennessee by the name of Al Gore. They were warned, as Washington Post's front page reported at the time, that pollution from the burning of fossil fuels would result in a "greenhouse effect" that would cause the globe to warm "to a level which has not existed on Earth in the past 100,000 years."

Two years later, in 1988, they were warned again by NASA scientist, Dr. James Hansen, that evidence was found that the warming had already begun. "The global warming is now large enough that we can ascribe, with a high degree of confidence, a cause and effect relationship to the greenhouse effect."

"There is no longer any significant difference of opinion within the scientific community about the fact that the greenhouse effect is real and already occurring," Gore made clear at the time, following a conference held in 1985 in Austria which concluded that "as a result of the increasing greenhouse gases it is now believed that in the first half of the next century (21st century) a rise of global mean temperature could occur which is greater than in any man’s history."

Long story short, pretty much everything the scientists warned about has come to pass, much of it even sooner than predicted. And yet, over the ensuing decades the fossil fuel industry has fully captured the Republican Party to the extent that not a single one of them voted over the weekend for the most substantive climate bill ever adopted by the U.S. Senate. The only such bill ever adopted by the Senate, in fact. It only took 36 years, and a tie-breaking vote from the Democratic Vice President, but they did it.

On Sunday, after 16-hours of overnight debate and attempted amendments, the Senate passed the dubiously-named Inflation Reduction Act, so named largely to win the vote of coal state Democratic Sen. Joe Manchin. The spending bill will do a lot, including allowing Medicare to negotiate prescription drug prices; put a $,2000 annual cap on prescription drug costs for seniors on Medicare; put a $35/month cap on insulin costs for those on government insurance who have diabetes (Republicans forced Dems to kill that provision for those with private insurance); add a new 15% minimum tax on corporations whose annual profits are more than one billion dollars; tax major corporations for buying back their own stock instead of investing in their companies; and it will also pay down the deficit by hundreds of millions of dollars over the next ten years.

But, most importantly, the Act will invest at least $370 billion to combat climate change with incentives for individuals, states and business alike. It will, according to Senate Majority Leader Chuck Schumer and Manchin --- and several independent analyses --- cut the greenhouse gas emissions we were warned about decades ago, by about 40% by 2030.

"It is a good day, let's not make any bones about that," says Mann today on the show. "This is, by far, the most aggressive climate legislation --- in fact, the only meaningful climate legislation that has ever passed the U.S. Senate."

"Let's be clear: this isn't the solution. It's not like we've solved the climate crisis. There's a whole lot more work that's left to be done," the author of more than160 peer-reviewed and edited scientific publications and author of more than half a dozen books on the climate crisis tells us. "We need at least 50% reductions by [2030] if we are to stay on course to keeping warming below a really catastrophic 3 degrees Fahrenheit. So there's a lot more work to be done, and there are some things in the bill that some of us wish weren't there. There are some incentives for fossil fuel interests when it comes to drilling leases and pipeline construction, a few bones that were thrown in to get the support of a coal-state Democratic Senator in Joe Manchin." Nonetheless, the bill --- which still must pass the Democrat-controlled House on Friday --- "represents significant progress."

"If you want more progress, if you want more aggressive legislation --- and I certainly do and I think we should expect it --- then we need a larger majority in the U.S. Senate that can pass more aggressive climate legislation," Mann explains. In fact, not one single Republican voted for the measure. It was passed with the barest of majorities. All 50 Senators who caucus with the Democrats (and who, shockingly, stayed unified), plus the vote of the Vice President Kamala Harris.

Mann discusses both the upsides and downside of the bill, including the measures that could expand the use of fossil fuels in order to win the vote of Manchin. But, he asserts, the "carrots" to get off of fossil fuels, as included in the bill, are likely to become "sticks". "If the carrot works, it becomes a stick. Which is to say, if we incentivize renewable energy enough, then fossil fuel energy is no longer competitive."

Of course, he's got much more insight on the measure and what needs to be done moving forward. But it's a start that is "real" and "tangible." he argues. And it only took 36 years to get here --- not a moment too soon.

We open up the phones to some thoughts from callers on all of this today and, of course, our own Desi Doyen has a few as well. A "good day" indeed. We'll take it.

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