Literally minutes before today's BradCast, news broke that the grand jury in D.C. hearing Special Counsel Jack Smith conspiracy case against Donald J. Trump regarding his many failed attempts to steal 2020 Presidential election had handed up a four-count federal indictment against Donald J. Trump. Seconds before airtime, Smith offered a brief statement on the new indictment. We cover both today...on the fly...

As Smith announced (we share his brief remarks in full), Trump was indicted on four federal felonies...

• Count 1: Conspiracy to Defraud the United States [18 USC 371]
• Count 2: Conspiracy to Obstruct an Official Proceeding [18 USC 1512(k)]
• Count 3: Obstruction of, and Attempt to Obstruct, an Official Proceeding [18 USC 1512(c)(2)]
• Count 4: Conspiracy Against Rights [specifically, the right to vote and to have one's vote counted, 18 USC 241]

Six of Defendant Trump's alleged co-conspirators are briefly described in the 45-page indictment [PDF], though not named within it. The co-conspirators appear to be uncharged at this time. Most of their names were pretty simple to identify based on their description in the indictment (see pages 3 and 4). According to Washington Post, which names 5 of the 6 of them, it appears we got them pretty much correct as we read through the early portion of the charges on today's show. WaPo identifies them as...

• Co-Conspirator 1: Trump attorney Rudy Giuliani
• Co-Conspirator 2: Trump attorney John Eastman
• Co-Conspirator 3: Trump attorney Sidney Powell
• Co-Conspirator 4: DoJ Asst. Attorney General Jeffrey Clark
• Co-Conspirator 5: Trump attorney Kenneth Chesebro
• Co-Conspirator 6: A still unidentified "political consultant" whose description matches several potential different Trump henchmen.

Looks like we were correct, at least, on Co-Conspirators 1 through 4. Emptywheel's Marcy Wheeler agrees WaPo's ID of Chesebro as number 5 is "sound". He is described in the indictment as "an attorney who assisted in devising and attempting to implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding". We speculate on the show that Co-Conspirator 6 could be Trump's 2020 campaign Director of Election Day Operations Michael Roman, but that's just an on-the-fly guess.

The most central aspect of the charges, at least to my eyes, is that Donald Trump not only attempted to steal the election by lying about it, using dozens of fraudulent claims for months after the November election, but knew that he was lying about every aspect of it.

"The Defendant lost the 2020 presidential election," the indictment reads in its first paragraph...

He lost. He knew it, because he was told by his closest advisors and all the top state and federal officials with whom he conferred. And, yet, he fraudulently claimed otherwise in hopes of defrauding the American people and stealing a Presidential election. He is finally be charged for all of the above.

It's all spelled out, quite readably, in the indictment [PDF] which Smith, in his brief remarks, encouraged "everyone" to "read in full".

We will, no doubt, have more on all of this in the days ahead. In the remaining time on today's show, as salvaged somewhat from our previous planned program...

• The sudden death of New Jersey's Lt. Governor Sheila Oliver, the first statewide black official in the Garden State and a central character in my 2011 blockbuster exclusive on then Gov. Chris Christie's secret address to the Koch Brothers secret political gathering that year in Vale, CO.

• The critical election next Tuesday, August 8, in Ohio, where corrupt, authoritarian Republicans have suddenly called a special election to try and adopt a constitutional amendment that would require 60% approval by voters for all future constitutional amendments placed on the ballot. This measure, however, would still need only 50% to be adopted. The scheme is meant to undermine a citizen's ballot initiative planned for this November that would write protections for reproductive freedoms into the Buckeye State constitution.

• Finally, Desi Doyen has our latest Green News Report with news on the hottest month ever recorded in human history (July 2023); President Biden's new federal heat protections for workers; Canada's first steps toward ending subsidies for the fossil fuel industry; and the landmark banning of natural gas hook-ups in new construction by a major state in Australia...

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Whenever we're able to open up the phones to callers on The BradCast, I invite listeners to ring in and disrupt all of my plans for the day. Happily, they took me up on the offer today! [Audio link to full show follows this summary.]

Thus, my plan for the second half of today's show --- to focus on Trump's latest criminal charges (Which ones? Take your pick!) --- was largely waylaid by folks who wanted to discuss both him and the topic of my monologue in the first part of today's show regarding the wildly corrupt U.S. Supreme Court Justice, Samuel Alito.

On Friday, the Wall Street Journal's editorial page ran parts of fawning 4-hour interview with Alito, in which he falsely claimed: "No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court-period."

Perhaps Alito has never read the U.S. Constitution? For example, he must have missed the part (Article III, Section 2) which reads: "[T]he supreme Court shall have appellate Jurisdiction, both as to Law and Fact...and under such Regulations as the Congress shall make." [Emphasis mine.]

As Sen. Chris Murphy (D-CT) pointed out on CNN over the weekend in response to Alito's B.S., Alito arguably owes his seat to the fact that Congress has regulated the number of seats that are on the Court (and have changed that number many times over the years) since the Constitution was founded! Of course, Alito likely also hates the fact that Congress, after Watergate, as per the Constitution, created legislation (regulations!) requiring annual financial disclosures by SCOTUS Justices. As ProPublica recently detailed, Alito has flouted that legislation by failing to disclose his luxury travel funded by GOP megadonors and other Republican ideologues.

Arguably worse, however, is the fact that one of the authors of the WSJ piece is attorney David Rivkin. He is currently representing the far-right Leonard Leo before the U.S. Senate, which is seeking Leo's testimony as part of their consideration of reforming the corrupted Court. Leo is the longtime head of the Federalist Society, which has spent decades shaping the federal judiciary --- including SCOTUS --- to the liking of billionaire rightwing ideologues.

Even more shameful than that, Rivkin currently has a case pending before the High Court next term! Moore v. U.S. is likely to result in a landmark ruling that could establish whether or not a wealth tax --- long sought by progressive Dems and opposed by rightwing ideologues --- is Constitutional or not.

And yet, Rivkin arguably gave Alito something of value --- presumably for free --- in his four-hour softball interview with the Justice, headlined "Samuel Alito, The Supreme Court's Plain Spoken Defender," in which Rivkin and his co-writer (WSJ Editorial Page Editor James Taranto) fluffed him up with a 2,400-word puff piece including remarks praising Alito, for instance, for his "candor that is refreshing and can be startling."

I'm sure Sammy appreciates it and will remember the favor when it's time to decide Moore v. U.S next year. That's because Alito is damned near as corrupt as Clarence Thomas and don't even get me started here on him today. (I had a few words for the corrupted Clarence on today's show, however.)

After that, my plans to cover Donald Trump's latest criminal problems and two recent Court losses (one today, one last Friday) in the second part of the show, as mentioned, were largely waylaid by callers. And happily so! We had some very good ones! Enjoy!...

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Note: The barest of headlines about the huge news regarding new, additional charges filed by Special Counsel Jack Smith in Donald Trump's stolen documents case began coming in just minutes before the end of today's BradCast. Up until then, however...we had plenty of other stuff to cover.

Among that stuff...

• We have another new winner in the corporate media's never-ending effort to find new euphemisms to avoid accurately informing the American people about what Donald Trump did after the 2020 Presidential election. (For those still unclear, he used every tool he could muster to try and STEAL a Presidential election from the American people). Today's winner in the Euphemism Olympics is the New York Times, which ended a short piece on Trump attorneys meeting with Jack Smith's prosecutors on Thursday, in anticipation of indictments in D.C., with this ridiculous turn of phrase: "Mr. Trump also faces scrutiny from the district attorney in Fulton County, Ga., who is investigating his efforts to bend the results of the 2020 election in that state in his favor." --- To "bend the results"?! Really, New York Times?!

• Yes, I admit to being obsessed with the above point, but for good reason. A few words today on why the media (and Democrats!) failure to accurately inform the American people about the simple fact that Trump tried to STEAL the last Presidential Election is so critical right now, especially in advance of next year's Presidential election.

• While Jack Smith is clearly digging very deep in both of the federal Trump investigations he is overseeing --- the stolen documents case and the attempted theft of the 2020 election --- it's quite bizarre that, according to former, far-right Rep. Mo Brooks, the Special Counsel has, to date, failed to interview him! That, even though Brooks spoke before Trump at the January 6, 2021 pre-insurrection rally in D.C. where Brooks instructed the angry, duped crowd to "start taking down names and kicking ass". But it's all the more odd because of the four very specific things that Brooks claims Trump instructed him to do last year, seven months after Trump was out of office, including instructions to advocate "rescinding the election" and "physically removing Joe Biden from the White House". All of which, according to the now former Alabama Congressman and one-time Trump endorsee, "violate the U.S. Constitution and federal law."

• Meanwhile, accountability continues in Michigan where, last week, state Attorney General Dana Nessel charged the state's 16 fake Trump electors with 8 felony counts each related to their attempt to help the former President steal the state's 2020 election. On Wednesday night, Stefanie Lambert, a Michigan attorney who was part of a group being investigated by a MI Special Prosecutor, claimed that she has "been indicted" for her role in breaching voting systems in several townships across the state. Nessel appointed the Special Prosecutor late last Summer to investigate the activities by a bunch of MAGA folks believed to have unlawfully stolen and breached vote tabulation systems after 2020. The group includes a former State Rep, a sitting County Sheriff, a few of the clowns from that Cyber Ninjas outfit, and the failed former Republican A.G. candidate Matt DePerno. After the Trump-endorsed DePerno was nominated by the state GOP to run for A.G. last year, Nessel referred the probe to a Special Prosecutor, so as to not be seen as prosecuting her own election opponent. We'll soon find out if Lambert (who is a real piece of work, apparently) and the others, including DePerno, have indeed been indicted by the Special Prosecutor's grand jury.

• Even Fox "News" was agog today at the latest numbers on the U.S. economy under Joe Biden, as released by the Commerce Department on Thursday. The new numbers revealed, among other things, higher-than-expected growth in GDP in the second quarter and extraordinary resilience of Biden's economy which many had expected to be in recession by now. It isn't.

• Joe Biden and the Democrats' landmark climate law, the Inflation Reduction Act, turns one year old next month and, according to experts, it is already "turbocharging clean energy technology" in the U.S. and producing massive investment in U.S. manufacturing and jobs for the first time in decades. No wonder the fossil fuel industry and Republicans worked so hard for so many years to prevent such investments --- and why Congressional Republicans are working so hard to try and repeal it.

• With July now likely to have been the hottest single month that any human being has ever lived through on Planet Earth, the President, in remarks today at the White House, detailed efforts across his Administration to help folks survive the extreme heat now slamming about 170 million Americans across about 40% of the nation. His remarks offered yet another opportunity for Biden to sing the praises of the Inflation Reduction Act, which not one Republican in Congress supported when the landmark bill was adopted last year.

• Finally (as today's big news about new charges against Trump in the documents case just began to break at show's end), Desi Doyen joins us for our latest Green News Report with several items related to the extreme heat in both the U.S. and Europe --- and, some very good news about EV charging!...

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Hot enough for ya? Well, you ain't seen nothing yet. More on that on today's BradCast, but we lead off with some slightly better news on accountability for a few Team Trump wingnuts. [Audio link to full show follows this summary.]

Rudy Giuliani admitted in court documents filed on Tuesday night that he made "false" claims about Georgia poll workers Shaye Moss and her mother Ruby Freeman. The filing was part of their defamation suit against the disgraced Trump attorney and former NYC Mayor. They were the two women who risked their lives to valiantly help tally votes during the COVID pandemic in 2020 at the State Farm Arena in Atlanta, only to be falsely targeted by Giuliani and Donald Trump (and then their minions) for mistallying ballots. Trump called Freeman a "vote hustler." Giuliani falsely charged the two African-American women were passing USB drives back and forth in the counting room "like vials of heroin or cocaine". (In fact, it was Freeman passing a ginger mint to her daughter.) Rudy's legal admission, however, appears to be an attempt at avoid turning over critical discovery documents, including emails from during the period when he and Trump were actually attempting to steal the 2020 election. We'll see if his ploy works. More to come in that suit, I suspect.

Another Trump grifter was sentenced to federal prison on Tuesday for stealing money from donors to the private, MAGA "We Build the Wall" project. Colorado "businessman" Timothy Shea was sentenced to five years and three months after two other men who also organized the scheme were previously sentenced to multiple years in prison. All three were charged along with Trump's former top advisor Steve Bannon, who was pardoned by Trump for this crime on his way out of office. Bannon, however, has since been charged for related crimes by New York state.

Then there is the dope Ammon Bundy. Remember him? (Look him up.) He's an old school wingnut who has now been found liable by a jury for more than $50 million as part of a defamation suit filed against him by a hospital in Idaho that he and fellow rightwingers falsely accused, according to the Idaho Statesman, of "working with the government to take children away from Christian families to be sexually abused and given to gay couples."

That, however, is the good news today. As to the rest of it, well...

The ocean water off the tip of Florida now appears to have hit an all-time record for seawater anywhere on Planet Earth since man has been here anyway. Literally hot tub-like temps of 101.1 and 100.2 Fahrenheit were recorded over the past two days. That, as a new study of ocean currents published by the journal Nature on Tuesday finds a key part of the Gulf Stream known as the Atlantic Meridional Overturning Current (or AMOC) could collapse entirely by mid-century or even as early as 2025 as waters continue to warm. The result would be catastrophic and, according to scientists, "affect every person on the planet."

We explain what that means --- and doesn't --- along with a bunch of newly shattered heat, wildfire and flooding records this summer by way of prelude to today's guest, meteorologist GUY WALTON, 30-year Weather Channel veteran, tracker of worldwide climate records, and author of the World of Thermo illustrated children's book series on our quickly worsening climate crisis.

"We are smashing more records than usual," Walton tells me today, "except for the United States. Globally there have been more" broken records than usual this Summer. He does stick his neck out to predict this one: "I have no doubt that July of 2023 will go down, when the figures get computed, as the warmest month in recorded history. Not just the warmest July, but the warmest month ever."

While Walton has been observing and reporting on these new records for years, he concedes there is one that he didn't expect, at least so soon. "That warm water temperature down near Miami of over 100 degrees Fahrenheit. Didn't think I'd live to see something like that."

Other landmarks, such as "the disappearance of Arctic sea ice," he explains, "was not predicted until about the year 2050. Now it's going to be more like 2030 [or] 2040." That is part of our discussion about how climate scientists tend to be quite conservative in their predictions, despite rightwing climate deniers who falsely claim they are just "liberal grifters" trying to make a buck on the extremely lucrative career (insert rolling eyes emoji here) of climate science.

Other topics of note discussed with Walton today: His attempt to "kill two proverbial birds with one stone" by his naming of major heat waves after oil companies. (We are currently suffering through Heat Wave Chevron); The extraordinary number of climate deniers who (incredibly) still exist at this point. ("I find that a large number of climate deniers actually failed their science classes when they were going to high school, because they can't read charts [or] very simple graphics."); And the dark turn taken in the third, recently published book in his World of Thermo climate change series for kids, this one titled World of Thermo: Grim Reaping.

Finally today, some listener comments in response to my conversation last week with E&E News climate impacts journalist Thomas Frank on the "canary in the coal mine" climate change-fueled home insurance crisis now roiling the state of Florida. As listener Wendy noted, what is happening there now has been predicted for years, as the insurance crisis threatens to become a home mortgage crisis, as also discussed with Frank. She notes that climate and investment researcher Spencer Glendon offered brief, yet remarkably prescient remarks on these points during a Sohn Institute conference back in 2019. We shared a few on-point minutes today from Glendon's 2019 remarks at that conference. His full 15 minutes, however, are well-worth listening to and can be viewed right here...

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As the nation awaits new, almost-certainly coming indictments of the former President at both the federal and state level within the next few days and/or weeks, we were able to catch up on several related and unrelated items on today's BradCast. [Audio link to full show follows below.]

Among today's stories...

• Congrats to AP for coming up with yet another novel way to not report directly on the fact that Donald Trump tried to STEAL the 2020 election! I'm fairly certain theirs is the first reference I've seen over the past two and half years of media trying to avoid the most accurate term for what he did by, in this case, reporting on his efforts to "unravel" his 2020 loss. Really, AP? Unravel?

• Meanwhile, we've been reporting for well over a year now, in detail, on the dangerous, unlawful, MAGA-led breach of wildly vulnerable statewide voting systems in Coffee County, Georgia beginning the day after the January 6 insurrection in D.C. We've come at it from all angles over that year, and are still digging in to critical, uninvestigated elements of the story --- including the attempts to cover it all up by the County itself and GA's Sec. of State Brad Raffensperger. But I've been asked by a number of readers and listeners of late if I know whether or not Fulton County D.A. Fani Willis is probing that breach --- which could help unravel the 2024 election --- as part of her broad conspiracy investigation into Trump's various attempts to steal the 2020 election in the Peach State. The short answer is "sorta". The Guardian's Hugo Lowell has been reporting of late that "computer trespass", in reference to what Team Trump did in Coffee, is likely to be included among the charges for some named in Willis' "imminent" indictments. (See here today and a few more details four days ago from Lowell here. For more details beyond that, tune in to today's show!)

• While the odds are getting longer by the day, there is still a chance that Trump will not ultimately be the GOP candidate for President in 2024. I explain why that could still be the case and, with that in mind, which of the many GOP also-rans appear likely to qualify for the first GOP Presidential debate next month in Milwaukee.

• As to the "imminent" indictments expected from Special Counsel Jack Smith in relation to Trump's attempts to steal the 2020 election before, during and after January 6, 2021, new polling suggests a majority of Americans (if not Republican voters) believe that a third indictment would be a good enough reason for the disgraced former President to drop out of next year's race. Not that he will.

• While our fossil-fueled climate continues to wreak havoc across the globe this Summer, it seems as if a switch has been flipped in recent days, with Fox "News" and the Republican Party suddenly launching a last-gasp, desperate attempt at preventing the quickly accelerating global transition to clean, Electric Vehicles. Now who could possibly be behind such an effort? We discuss and debunk the everything-old-is-new again attacks on EVs coming from the Fossil Fuel industry's tools on the right.

• Finally, speaking of climate havoc, Desi Doyen has our latest Green News Report as the Summer of 2023 continues to break records for record-breaking heat, fire and flooding. Oh, and Fox "News" has found their newest dumb thing to pretend to freak about in the bargain: saving money with more efficient water heaters! Sigh...

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Today on The BradCast: Why I'm quickly becoming a single-issue voter and you should too. [Audio link to full show follows this summary.]

It's getting easier and easier by the day --- as Trump's Republican Party completes its transition to full-on autocracy --- to make my choices for next year's general election before I even know who will be running. If a candidate is pro-democracy and running against a pro-autocracy candidate, I'll choose the one who supports democracy every time. It's simple.

It's not a partisan issue either. If there is anyone left within the Republican Party willing to support democracy and oppose authoritarianism, I'm happy to examine the rest of their record and consider voting for them. The way things are shaking out, however, I'm not sure where I would find such a Republican candidate, all of which is discussed in varying degrees of detail on today's program.

Among the many stories today that help illustrate what I believe will be the single most defining issue in American elections for the foreseeable future...

• A Township Clerk in Michigan is stripped of his election administration duties after being one of 16 people indicted this week for defrauding the state by pretending to be a "duly elected" elector after the 2020 Presidential election. Each of the 16 Republicans are charged with 8 criminal counts related to conspiracy to commit election forgery. Each charge carries a penalty of anywhere from 4 to 14 years in prison. While they all deserve punishment, I especially hope they throw the book at the longtime, elected Shelby Township Clerk Stan Grot, who violated the trust of the people he serves, who definitely understood what he was doing wrong, and that Donald Trump did not win Michigan's 2020 election.

• While GOP election officials are violating election laws (Grot is not the only one), the Republican lawmakers are otherwise working hard to prevent (certain) people from voting at all. Happily, a U.S. District Judge in Florida recently blocked a new state law that prevented certain former felons and non-citizens from participating in voter registration drives. The judge found the measure, signed by Gov. Ron DeSantis, to "reduce individual rights to ashes" in violation of the U.S. Constitution.

• Meanwhile, Republicans in the U.S. House are attempting to force similar measures on all 50 states, reducing states rights to ashes (despite long pretending to care about them, but only in certain, very specific circumstances). Their newly introduced measure is called The American Confidence in Elections Act. It makes it more difficult for many to vote, easier to cheat, and easier for millionaires and billionaires to further purchase American elections. Contrast that with two Democratic voting and election reform measures being reintroduced --- the Freedom to Vote Act and John R. Lewis Voting Rights Advancement Act --- which would, among other things, make it easier for legal voters to cast their votes, provide support for election workers, regulate dark money in elections, ban partisan gerrymandering, revive portions of the Voting Rights Act gutted by SCOTUS, and allow every voter a hand-marked paper ballot. Again, another clear illustration of a pro-democracy party versus an anti-democracy party. Next year's choices should be simple.

• And, if there are any remaining questions about Democracy v. Autocracy as the stark new stakes our country now faces, there is likely no clearer illustration of it than Monday's explosive New York Times story detailing the Republican's $22 million "Project 2025". The plan, being prepared by former Trump White House officials for Trump or whichever Republican next wins the White House, involves what NYU Historian and fascism expert Ruth Ben-Ghiat described as "autocratic capture". The scheme, which they are not trying to hide, calls for the consolidation of all Executive Branch power into the White House, allowing the President to purge tens of thousands of career public officials deemed as insufficiently loyal, and to allow him or her to take over complete control of all independent Executive Branch agencies, such as the Dept. of Justice, FCC, FTC, Federal Reserve and many others. The President would also grant himself the power to block the allocation of monies appropriated by Congress. As one of the Republicans behind the project explains: "There is no way to make the existing structure function in a conservative manner. ... What’s necessary is a complete system overhaul." Another tells the Times: "What we’re trying to do is identify the pockets of independence and seize them." Are the extraordinary 2024 stakes making sense out there yet?

• All of that as the planet's climate continues to degenerate thanks to the continuing burning of fossil fuels and those in the industry --- and politicians they've purchased --- who continue to lie to the public about it. In California's "Darth Valley Run" one guy is making the best (or worst?) of it...even as he seems to concede he is certifiably insane. (See the photo above for a hint.)

• And, in Philadelphia on Thursday, President Biden, speaking at a shipyard, detailed an extraordinary array of remarkable new renewable energy projects now underway --- mostly off-shore wind in this case --- and the thousands of good-paying, union jobs that come with them, created by Biden and Congressional Democrats in all 50 states as part of last year's Inflation Reduction Act.

• Finally, Desi Doyen further breaks down the stakes for the planet --- as all-time, mind-blowing heat records continue to be shattered across the Northern Hemisphere --- in our latest Green News Report...

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IN TODAY'S RADIO REPORT: U.N. warns nations must move faster to adapt to extreme heat; Heat waves in Europe and Middle East set astonishing new records; Outdated federal flood maps underestimate flood risk across U.S.; PLUS: Wind and solar on track to provide more than a third of the world's electricity by 2030... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The world is reeling from record heat and flooding. Scientists say it's the cost of climate inaction; It's stupid hot. Here are the freakish global heating facts; Summers are always hot. Here's how we know climate change is making summer 2023 hotter; Seniors are migrating to states that face America’s most extreme heat; Your air conditioner isn't built for this heat. 5 tips can boost performance; Monsoon floods touch the walls of the Taj Mahal; Study finds using waste plastic in roads isn't ready for prime time (yet); Canadian wildfires hit Indigenous communities hard, threatening their land and culture... PLUS: How to keep your dog safe in the heat, according to an emergency vet... and much, MUCH more! ...

Just last week, amid record temperatures, massive flooding and the choking smoke across a dozen states from hundreds of wildfires, U.S. House "Freedom Caucus" Chair Rep. Scott Perry (R-PA), partying like it's 1999, declared during a Congressional hearing that climate change is "a problem that doesn't exist." Today's BradCast, demonstrable scientific facts, and the insurance industry running for the exits from Ron DeSantis' Florida, all beg to differ. [Audio link to full show follows below this summary.]

First up, it was another humiliating loss for the disgraced former President in court today, as a federal judge soundly rejected Donald Trump's effort to move Alvin Bragg's 34 felony count indictment in New York from state to federal court. The judge found in his order that, "Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties." Thus, the criminal case against Trump will remain in state court and Trump will not be allowed to have the Dept. of Justice substituted as defendant instead of him. He will have to answer for his own acts of fraud in paying out nearly half a million dollars --- while serving in the White House --- in hopes of covering up his payoffs to a porn star to help him win the 2016 election.

Beyond that, no more Trump news for today! (You're welcome!) Though we've got a lot of consequences from our worsening climate crisis which may or may not be more welcome.

A few House Republicans, of late, are pretending they are not climate crisis deniers anymore. Their plan: Hugely increase the production of the fossil fuels that are responsible for global heating, but plant a whole bunch of trees --- a trillion of them, in fact (which would require a space as large as the continental U.S.) --- to make balance it all out. Or something. The ridiculous plan, of course, wouldn't even come close to working. We discuss.

Then, after a quick spin around the nation and globe today, through hundreds of shattered heat records and sweltering cities and tourist attractions throughout Europe and the U.S. over the past several weeks (with no end in sight), we land back in Florida, where the insurance industry continues to head for the doors. Last week it was Farmers. This week, AAA. There are no climate denialists, as it turns out, in the insurance actuarial business.

Premiums for homeowners insurance have risen about 7% over the past year nationwide, on average. But they have spiked some 40% in Ron DeSantis' Florida as ocean temps in the south of the state reach bathwater temps of over 90 degrees. All a recipe for hurricane disaster as this year's storm season is barely underway.

We're joined today by Pulitzer Prize finalist THOMAS FRANK, climate impacts reporter for E&E News, where he focuses on disasters, disaster recovery and federal efforts by FEMA and other federal agencies to serve as a backstop to the growing number of billion dollar disasters across the nation.

We spoke with Frank last year, just after Hurricane Ian devastated parts of Florida, including parts inland where few even bother to buy flood insurance. Even if they want to now, it's nearly impossible for many to afford it.

"The recent news involving Farmers, one of the nation's largest insurance companies, and AAA, is the opposite of what the Governor and the State Legislature envisioned happening when they had a special session back in December and enacted a couple of laws aimed at bringing insurers back. Those are very bad signals," Frank explains, detailing why the state's insurance market continues to collapse, along with fears that the housing market itself may not be far behind.

But the DeSantis denial continues. Last week, the Florida Governor and 2024 GOP hopeful invoked what one media wag describes as his "wish upon a star" strategy. DeSantis claimed insurance companies would soon return to the state. "I think they're gonna wait through this hurricane season," he told rightwing radio host Howie Carr, before adding, "Knock on wood we won't have a big storm this summer."

It's not only Florida, of course, though it is a canary in the national coal mine. The climate crisis --- created by the burning of fossil fuels --- is flashing bright red warning signs everywhere at this point, even as the fossil fuel industry and mostly Republican politicians they have bought off, continue to shamefully ignore, obfuscate and lie about it as long as they can.

"The phrase you use, 'canary in the coal mine' is completely appropriate," Frank tells me. Florida, he says, is "a canary in the coal mine for hurricane-prone states. California is the canary in the coal mine for wildfire-prone states. People in Colorado, Oregon and Washington should be watching California. It's a similar scenario unfolding there."

"What you're starting to see happen is the insurance industry is becoming aware of climate risks, and they're starting to incorporate that into their prices. If someone has to pay $7,000 for their home on the coast of Florida, maybe that is what they should pay," he argues. "The reality is that the insurance industry --- I know a lot of people hate it --- but one thing it does very well is it prices risk. That's all it does. When the insurance industry starts increasing your premiums, they're not doing it because they just want to scam you, they're doing it because that's what their actuaries and algorithms think the risk is to your home."

"You see that happening in a lot of states," says Frank, recent adjustments to premium pricing in parts of Colorado. "You are building in a wildfire zone. Colorado had a couple of very bad wildfires in the past year. So insurers start raising their rates, they start leaving the state, cancelling policies, non-renewing policies. It's happening in more and more states. It's a trend that is not going to be reversed."

Sounds like a very real problem. Then again, we could just start planting a lot of trees, knock on wood, and hope for the best...

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We're old enough here on BradCast to remember when the Republican Party and their scofflaw cult leader used to pretend, at least, to believe in the rule of law and the U.S. Constitution and even the Judiciary system. That was then. This is the Trump Era. [Audio link to full show follows this summary.]

You may need to buckle up for today's show --- or stay away from sharp objects --- for your own safety. Among the insane amount of stuff --- breaking and otherwise --- that we do our best to cover today...

• First, some listener mail following yesterday's program on Section 3 of the 14th Amendment to the U.S. Constitution, which makes it pretty clear that Donald Trump is Constitutionally barred from running or holding any federal office after having "engaged in insurrection or rebellion" against the U.S. Government on January 6, 2021. That same "Insurrection Disqualification Clause" will come up again later on today's show, so pay attention!

• Oh, look! It's not only tens of thousands of documents that Trump stole upon leaving the White House, Haaretz is reporting that he appears to have stolen priceless Israeli artifacts as well! "Antiquities belonging to Israel have been kept for the past several months at former U.S. President Donald Trump’s Mar-a-Lago estate, and senior Israeli figures have unsuccessfully tried to have them returned to Israel. ... Among the antiquities are ancient ceramic candles which are part of Israel’s national treasures collection. They were sent to the U.S. in 2019 with the approval of then-Director of the Israeli Antiquities Authority, Israel Hasson, on the condition that they be returned within weeks, yet almost four years later, they have yet to be returned." Yup, we're also old enough here to remember when Trump pretended to love Israel too.

• Wrapping up just prior to airtime, the first federal court hearing before the unrecused, Trump-appointed U.S. District Judge Aileen Cannon in Special Counsel Jack Smith's 38-count criminal indictment against Trump and his valet, Walt Nauta, in the stolen documents case. The DoJ seeks a speedy trial to begin in December. Team Trump wants an indefinite delay until some point after the 2024 election. Reports from those in the courtroom suggest the Judge was "disinclined" to grant the DoJ's requested December trial, "but also seemed skeptical" of a delay until after 2024. Her decision is supposedly coming "soon".

• In Georgia, where Trump and a broad array of co-conspirators are likely to be charged next month (if not sooner) as part of Fulton County District Attorney Fani Willis' criminal investigation of his attempt to steal the 2020 election in the Peach State, the state's Supreme Court, on Monday, unanimously rejected Team Trump's ill-considered preemptive motion to block any indictment and to remove Willis from the case.

• The biggest news of the day, arguably, is Trump's long, rambling social media revelation on Tuesday morning that he received a letter from the Justice Dept. on Sunday, notifying him that he is the target of Jack Smith's broad investigation surrounding the January 6 insurrection and other efforts to steal the 2020 election (and otherwise profit off of false claims that it was stolen from him). Even though the source of the targeting claim is Trump, there are still a number of tea leaves to be read here, including who may now be cooperating with Smith's probe on yet another imminent indictment against the disgraced former President.

• BREAKING just moments before airtime today, Michigan Attorney General Dana Nessel announced that she had filed criminal charges against 16 fake Republican electors in the state, including the co-chair of the MI GOP and the state's Republican National Committeewoman. Each of the "false electors" signed paperwork claiming to be MI's "duly elected and qualified electors" after the 2020 election, Nessel notes, even though Joe Biden won the state. Each have now been charged with eight felony counts, including forgery.

• A number Republican candidates for the 2024 Presidential nomination --- a contest in which Trump is currently the far and away front-runner, despite being indicted on (so far) 71 criminal felony charges at both the state and federal level, with more coming soon --- were asked to respond to his claim about being targeted and likely soon indicted by Jack Smith in his January 6 probe. Only one of them (so far), was smart enough to point out that any charges related to the insurrection will further disqualify him from both office and the ballot under the U.S. Constitution's "Insurrection Disqualification Clause" (Section 3 of the 14th Amendment). Will any of his other supposed opponents have the moral courage to point that out?

• Voting rights advocates were stunned last month when Chief Justice John Roberts and Justice Brett Kavanaugh joined the Court's three liberal justices in a majority to uphold the Voting Rights Act and its ban on racial gerrymanders. The case came out of Alabama and the opinion, written for the majority by Roberts, held that the state's U.S. House District maps violated the VRA by including just one Black majority District out of seven. (Black voters comprise nearly 30% of the state's population.) Roberts' SCOTUS opinion [PDF] ordered a new map in the state that "will need to include two districts in which Black voters either comprise a voting-age majority or something quite close to it." On Monday, following a special session of the GOP-controlled state legislature, the newly drawn map was revealed to include...just one majority Black district. Again. Apparently, while Republicans no longer give a damn about the rule of law, they also have no problem defying the U.S. Supreme Court either.

• Finally, Desi Doyen joins us for our latest Green News Report, as the Summer of Record Extremes gets even worse by the day...

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The question posed by today's BradCast: Donald Trump is arguably ineligible to serve as President of the United States, according to the "insurrection disqualification clause" of the U.S. Constitution (Section 3 of the 14th Amendment). And yet, he is also arguably the easiest GOP candidate for Joe Biden to defeat next year in a race that will, once again, be a proxy battle between democracy and autocracy. With that in mind, should the former President be barred from running nonetheless? [Audio link to full program follows this summary.]

As the New York Times detailed today, the stakes couldn't be higher. A team of former Trump White House officials has been constructing an agenda for whoever becomes the next Republican President that will involve a radical takeover of independent Executive Branch agencies and a consolidation of all "Unitary Executive" power in the Oval Office. (Here's a free gift link to read the NYT piece. You should be terrified by it.)

As the paper makes clear, no matter who the GOP nominee is next year, if they win, American democracy as we know it is in very very big trouble. With that in mind --- and the argument that Trump is likely to be the easiest for Biden to defeat --- are pro-democracy and good government advocates certain they want to disqualify Trump from the ballot next year?

We're joined today by ALEXANDRA FLORES-QUILTY, Campaign Director at the non-profit, non-partisan, pro-democracy good government group, Free Speech for People. Her organization, along with Mia Familia Vota, recently launched a campaign to argue that "Trump is Disqualified from the Ballot". They sent letters [PDF] to the top election officials in ten states, informing them of the need to bar him from the 2024 ballot under Section 3 of the 14th Amendment which disqualifying those who, "having previously taken an oath, as a member of Congress, or as an officer of the United States" from holding office if they subsequently "engaged in insurrection or rebellion against the same." Of course, that's exactly what a bipartisan majority of the U.S. Senate found that Trump did on January 6, 2021, as well as the bipartisan U.S. House Committee which also investigated the matter.

Recently, a spokesperson for Colorado's Democratic Sec. of State Jena Griswold declined to comment "at this time" on whether Trump will be allowed on next year's ballot. She has until January 5 to decide in the state. FSFP and MFV have also sent similar letters to chief election officials in California, Georgia, Massachusetts, Michigan, New York, Nevada, North Carolina, Oregon and Pennsylvania. They argue that those officials have the ability --- and responsibility --- to disqualify Trump, just as they do for any candidate who does not meet requirements (age, residency, etc.) for office.

"Secretaries of State have a duty to ensure that candidates who seek to appear on their state ballots meet the Constitutional qualifications for serving in public office. In fact," notes Flores-Quilty, "Supreme Court Justice Neil Gorsuch has actually confirmed that Secretaries of State may refuse ballot placement to candidates for President who do not meet the Constitutional requirements of the office. [See 2012's Hassan v. Colorado in which Gorsuch, while still a 10th Circuit Appeals Court judge, found that states may "exclude from the ballot candidates who are constitutionally prohibited from assuming office."]

Moreover, Flores-Quilty argues it "is not a requirement" for Trump to have been criminally charged and found guilty of "insurrection" to be disqualified under the clause, which dates back to the post-Civil War era, when the 14th Amendment was adopted. "There is clear precedent from when it was originally enacted that that was not a requirement. No criminal conviction is necessary in order to enforce this critical provision of the Constitution."

"It's really important that we're doing public education and creating a public mandate that Secretaries of State --- it's not only within their power but it's their responsibility --- ensure that somebody who has so clearly violated this provision of the Constitution is not allowed to appear on the ballot. Trump has been able to get away with breaking the law, time and time again. Impunity is emboldening. So the rules need to be enforced."

Okay, but is it politically smart for either Democrats or pro-democracy advocates at this precarious moment to press this point to disqualify Trump from the ballot and potentially pave the way for a Republican candidate who may be equally authoritarian, but more able to defeat Biden next year?

Flores-Quilty --- and a bunch of our callers today --- ring in with their answers to that critical question!

Also today: Ron DeSantis' floundering campaign fires at least 10 workers. Failed AZ Gubernatorial candidate Kari Lake's attorneys (including Alan Dershowitz) sanctioned for $122,000 for bogus election fraud claims.

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It's been too long, but we're delighted to have one of our favorite guests back on today's BradCast! [Audio link to full show is posted below this summary.]

But first, in a rare, one day only special session of the State Legislature called by Iowa's Republican Gov. Kim Reynolds on Tuesday, GOP lawmakers in the Hawkeye State hastily adopted a ban on almost all abortions after six weeks of pregnancy, before most know they are even pregnant.

Reynolds had the temerity to declare that "the voices of Iowans and their democratically elected representatives cannot be ignored any longer." That, despite recent state polling finding that 61% of voters in Iowa support legal abortion in all or most cases, with just 35% saying it should be banned.

Well, the "elected representatives" have now been heard --- Reynolds plans to sign the measure on Friday, when it will immediately take effect --- but the voices of Iowans certainly haven't. The new law was passed with only Republican votes. It allows limited exceptions after 6 weeks in some cases of rape, incest and certain medical emergencies. A lawsuit by proponents of reproductive freedom was filed today. We explain the details and the news that former Vice President and current 2024 GOP candidate for President, Mike Pence, is both calling for a similar ban at the federal level and believes abortion should be banned even when a pregnancy is not viable and doctors have determined a baby cannot survive outside of the womb. (None of the other 2024 GOP candidates has been willing to say they disagree with Pence.)

That cruelty, unfortunately, is now par for the course in the Republican Party, and is reflected in similar legislative bans on reproductive freedoms now in at least 17 states just one year after the corrupted, far-right U.S. Supreme Court activist majority overturned Roe v. Wade's 50 years of Constitutional reproductive freedoms.

Rulings made by SCOTUS this year, sadly, are no less radical, even as several of them issued at term's end last month have been cited by some in the media to suggest that Chief Justice John Roberts has somewhat "moderated" the most extreme positions of the Court. That would be inaccurate, but exactly what Roberts had hoped for.

We're joined today by the great MARK JOSEPH STERN, legal journalist at Slate to discuss a number of those decisions, and what has now emerged as Roberts' neat trick to hoax the media into regarding him and some of the opinions issued by the Court this year as "moderate".

In short, as Stern details today, Roberts is essentially manipulating the Court's docket --- by determining which cases to hear and which ones not to --- in order to make SCOTUS' end-of-term opinions appear less extreme, overall, than they actually are.

"They have consistently taken up these cases that sort of seem designed to terrify liberals. Then, when the case comes down in a way that's not the end of the world, they get good headlines," he explains.

"The Court really shouldn't have been hearing a lot of these cases in the first place. So, by deciding them in a so-called 'liberal way', they create this image of balance and moderation that's not really deserved," he argues. "There's no better example of that than the Independent State Legislature case [Moore v. Harper]. There was absolutely no reason for the Supreme Court to intervene, and yet it reached down and grabbed that case. And, by deciding it in a somewhat moderate way --- although Roberts left the door open for mischief, as he so often does --- the Court got great headlines as being so moderate and thoughtful."

"That is a trick that the Chief Justice is very good at playing on the media. But it's not one I think we should fall for, given how obvious it is and how many decisions that he really cares about [that] end up coming out so far to the right over and over again."

"We pretend as though these cases emerged out of nowhere, when in reality, the Court is building a very careful story, using each individual case to try to show something about the Court that it thinks will appeal to the public." But that doesn't reveal the full story, Stern argues. "The 'liberal victories' simply leave the law as it was, without making any changes. Whereas the conservative victories radically overhaul the law in ways that were unimaginable just five or six years ago. That's also something that I think is very difficult to explain to people who don't watch the Court closely, but becomes blazingly obvious once you apply a little bit of scrutiny to how this Court operates."

And now, it's all making much more sense.

We saw that neat trick play out once again this year, as the stolen, packed and corrupted far-right majority, at terms end, ultimately reverted to form to overturn decades-old precedents regarding race-based Affirmative Action in college admissions (though not other Affirmative Actions, for example, legacy admissions and those for the kids of high ticket donors); the Court expanded newly discovered Constitutional "religious freedoms" to allow web page designers (and, actually, any other business) to discriminate against LGBTQ+ customers based on imaginary --- in fact, wholly fraudulent --- grievances; they picked up on last year's Judicial Activism by further restricting the EPA's ability to meet mandates of landmark laws passed by Congress, in this year's case, the Clean Water Act; and, they determined that while forgiving millions of dollar in loans to so-called small businesses and cutting taxes for billionaires was just fine, forgiving $10,000 to student loan borrowers during a national emergency --- in specific accordance with the original text of federal law --- was a bridge too far for a President of the United States...or, at least for the current President of the United States. (The Court showed no such "conservatism" when Donald Trump used the same exact law to "modify or waive" conditions for the same student loans.)

As bad as all of those decisions were, I had specific questions about one of them that sort of seems to give away the game for this far-right Court, with six Republican-appointed Justices now more than happy to legislate from the bench after years of their party pretending to be against that sort of thing.

As it turns out, the case I had questions about --- the one I saw as the most alarming and worst ruling of the term --- is one that Stern felt the same about. It's the one in which the Court relies on a made-up-out-of-whole-cloth, completely subjective test they now refer to as the "Major Questions Doctrine" whenever they don't have a legitimate reason to block an Executive Branch action, even when it's based on the specific text of a law they may not like.

"Justice Kagan has called this a 'get-out-of-text-free card,'" Stern tells me. "This is not a legitimate tool of statutory interpretation, because it means that the Court can set aside what the actual words of the law say, and just apply their own opinion, under this very thin guise of trying to uphold Congress' will." Last year they cited this pretend "doctrine" to say the EPA couldn't regulate carbon emissions under the Clean Air Act, despite the specific text of the law, because it was just too much of a "Major Question" that Congress had to speak to in more specific language somehow. This year, they used it to block President Biden from forgiving certain student loans amid the COVID pandemic, as specifically allowed by the HEROES Act.

"When you're dealing with the federal government, every policy is going to be major," Stern argues. "Every policy is going to affect as many as 300 million Americans. Every policy is going to have a fiscal impact of more than billions of dollars. So this is really just an excuse, in every single case, for the Court to ignore the law that Congress has passed, perversely while claiming to uphold Congress' wishes."

We discuss that and much more today, including which upcoming cases most concern him on the docket for the Court's next term. Should we freak out about them? Or are they also now just part of Robert's insidious manipulation to be sure to have a few cases on which the Court's rightwingers can appear to be far less radical than they actually are?...

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Today on The BradCast: It's taken longer than it should have to get here, but Accountability Season for Trump World is finally beginning to fire on all pistons, even as his stooges in Congress, pretending to bring "accountability" for..."Biden crime family" something or other...continue to step on rakes. That part is hilarious. [Audio link to show follows this summary.]

First up today, the GOP House "whistleblower" face-plants...

• Yesterday, we quickly detailed a supposed "IRS whistleblower" claim that Trump-appointed and Biden-retained U.S. Attorney David Weiss was somehow blocked by Biden's DoJ from bringing anything more than a couple of minor misdemeanor charges against Hunter Biden for under-paying two years of taxes. In a letter sent to Sen. Lindsey Graham, however, Weiss made clear that the GOP argument was completely false and that he was given full agency to investigate and prosecute anything he wanted.

• Then, just after airtime last night, there was news about yet another supposed GOP "whistleblower" blowing up. This one has long been touted by House Oversight Committee Chair James Comer...at least until the guy, Gal Luft, suddenly went missing a few months ago. Still, Comer, claimed the dude was ready to spill the goods on a massive bribery scandal regarding the Bidens and illicit payoffs from China. Comer appeared on Newsmax just three days ago with a host describing Luft as "well connected in intelligence circles in Washington" and "not just some weird guy who popped up out of nowhere." Comer agreed that Luft was "very credible" and that people on MSNBC who said he looked like a fool would be sorry. Well, the guy is still on the lam, but on Monday, we learned why. The DoJ unsealed an 8-count indictment against Luft, a dual U.S.-Israeli citizen, related to working as an unregistered foreign agent for China; brokering illicit Chinese weapons and Iranian oil deals; and unlawfully trafficking arms to places like Libya, UAE and Kenya. Other than that, he's "very credible" and will soon be cracking open the Biden Crime Family case with House Republicans who don't look like "fools" at all.

In news today of actual accountability for real crimes...

• Grand jurors are being convened in Atlanta today, where they will soon be voting on indictments in Fulton County, Georgia District Attorney Fani Willis' broad criminal probe of the attempt to steal the 2020 Peach State election by Donald Trump and his henchmen, including Rudy Giuliani, fake electors, and likely many others. Let the accountability begin!

• Accountability is already under way for a number of Trump's top 2020 legal henchmen. In recent days, a panel of the D.C. Bar found Rudy Giuliani should be disbarred in the District for bringing "frivolous" and "destructive" lawsuits after the 2020 election that falsely alleged fraud. The formerly respectable NYC Mayor turned disgraced Trump attorney has already had his license to practice law suspended in New York, but still has a few more chances to appeal his case in D.C., even after the panel determined that his misconduct was so disgraceful that it "sadly transcends all his past accomplishments."

• L. Lin Wood, a formerly respected Georgia attorney turned Trump wingnut was allowed by the State Bar of Georgia last week to transfer to "Retired Status effective immediately," rather than face disciplinary charges from the state Bar for his part in attempting to steal the 2020 election for Trump with bogus lawsuits. The retirement is "unqualified, irrevocable, and permanent," and bans him from practicing law in Georgia or any other jurisdiction. But it allows the seemingly mentally unstable, formerly high-profile 70-year old attorney to retire to his $16 million South Carolina plantation without consequence.

• John Eastman, the disgraced, far-right Trump attorney responsible for dreaming up the unlawful and unconstitutional scheme to have then Vice President Mike Pence block Joe Biden's Electoral College certification in Congress on January 6, 2021, is in an ongoing trial with the California Bar Association facing 11 disciplinary charges likely to result in the loss of his license to practice law in the Golden State.

• Late last week, disgraced, deadbeat Trump advisor and former Campaign Chair Steve Bannon was ordered by a New York Judge to pay his own former attorneys nearly $500,000 after stiffing them for legal fees related to representation in his unsuccessful trial for Contempt of Congress after refusing to answer subpoenas from the House Jan. 6 Committee (he was sentenced to 4-months in prison, but is currently free pending appeal) and many other crimes and grifts.

• MyPillow, the Minnesota-based company founded and run by 2020 election fraud conspiracist Mike Lindell, is reportedly auctioning off factory equipment and sub-leasing manufacturing space after, according to Lindell, losing $100 million in business following his continuing, evidence-free claims that the election was stolen from Trump. Now he's mad at "the box stores, the shopping networks, the shopping channels" because "all of them did cancel culture on us." We're all crying in our Bud Light beer for ya, Mike.

And finally...

• While Accountability Season is finally beginning, Climate Season is, sadly, fully underway all across the globe and, as Desi Doyen details in our latest Green News Report, here at home with record temps broiling the U.S. Southwest and hurricane-like downpours drenching the U.S. Northeast. (Rainfall in Vermont over the past 24 hours has now reportedly outpaced 2011's Hurricane Irene.)

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Yup. We're heading back to the critical battleground state of Georgia again on today's BradCast, as their ridiculous Sec. of State gets ridiculouser in his indefensible defenses of his ridiculously vulnerable, brand-new touchscreen voting systems which he is still refusing to upgrade, despite warnings from the federal government and increasing urging from voting system and cybersecurity experts. [Audio link to full show follows this summary.]

BUT FIRST, a few more quick words on yesterday's landmark U.S. Supreme Court opinion [PDF] in Moore v. Harper, in which Chief Justice John Roberts and two Trump-appointed Justices joined with the Court's three liberals to put the kibosh, hopefully once and for all, on the bonkers, so-called Independent State Legislature theory pushed by far-rightwingers. Had SCOTUS given a majority blessing to the fringe Constitutional theory giving complete, unreviewable say over all federal election laws to State Legislatures, it would have wreaked indescribable havoc on some 250 years of election laws across all 50 states. It would also have given authority to those State Legislatures to overturn Presidential elections by selecting slates of electors not chosen by state voters!

As one of the nation's most conservative and respected former federal judges, Michael Luttig, tweeted today: "It would be impossible to overstate the [enormousness] of yesterday's seminal decision in Moore v. Harper. Not only is it now the single most important constitutional case for American Democracy since the Nation's Founding almost 250 years ago. ... It is also now one of the most important constitutional cases for representative government in America. ... Today, it takes its deserved place in the pantheon of great Supreme Court cases that give meaning to the Constitution's genius of a separation of powers --- among the national Legislature, Executive, and Judiciary, and also between the national government and the governments of the respective 50 states of the United States."

But there were three Justices who voted in the minority in that case. As it turns out, all three of them were recently highlighted by investigate journalists for their, shall we say, dubious ethics practices. Clarence Thomas (see here, here, here and here), Neil Gorsuch (see here), and Sam Alito (see here).

In addition to Alito's undisclosed, luxury fishing trip to Alaska on the private jet (and dime) of GOP megadonor and vulture capitalist billionaire Paul Singer, as revealed by ProPublica last week, this week The Intercept offers a new story shedding some fresh light on Alito's years of climate change-denialism and his Court decisions on behalf of the oil and gas industry.

NEXT UP, it's back to Georgia, where Republican Sec. of State Brad Raffensperger is reportedly giving testimony in Atlanta today to prosecutors working on Special Counsel Jack Smith's probe of the January 6, 2021 insurrection and the other myriad ways in which Team Trump attempted to steal the 2020 Presidential Election. (One of those ways included Donald Trump's now-infamous phone call to Raffensperger, attempting to strongarm him to "find" the 11,780 votes he would have needed to flip the state's results from the winner, Joe Biden.)

But where Raffy has been seen as a hero by some for refusing to roll over to Trump after the 2020 election, we have explained for years that he is anything but. Now, he's under fire for the massive vulnerabilities discovered by cybersecurity and voting system experts in his new, $150 million Dominion touchscreen voting systems, and for his refusal, as first reported by The BRAD BLOG in mid-May, to install Dominion's security patches to them before the 2024 Presidential election. That, despite urgent warnings from the U.S. Cybersecurity and Infrastructure Security Agency (CISA) and many longtime election experts and computer scientists.

Now, Raffensperger's office is going on the offensive, attacking those experts as "paranoiacs and conspiracists", attempting to conflate them with the rightwing, Sidney Powell-organized MAGA loons who tried to steal the election in 2020 and breached the state's voting systems in Coffee County, GA on January 7th, 2021, the day after the Trump-insighted insurrection in D.C.

"The paranoiacs and conspiracists of the world have their beliefs reinforced when they read reports of theoretical 'vulnerabilities' that fail to mention the real-world security measures already in place," sniped Mike Hassinger, a spokesperson for the Secretary of State's office, to Politico last week. "If the PhDs don’t like being put in the same category as the Pillow salesman, tough noogies," he actually said. "They should stop saying similar things."

We're joined today by one of those paranoiac conspiracist PhD's on today's program. Our guest is DR. PHILIP STARK, Professor at University of California, Berkeley; inventor of the post-election Risk-Limiting Audit protocol; Advisory Board member at the U.S. Elections Assistance Commission (EAC) and advisor to plaintiffs in the long-running Curling v. Raffensperger lawsuit in Georgia seeking to replace the state's new vulnerable and unverifiable touchscreen voting systems with verifiable hand-marked paper ballots. (The same plaintiffs in the same federal lawsuit were able to win an order from the judge in 2019 that banned the state's previous touchscreen systems made by Diebold after they were found to be so vulnerable and unverifiable as to be unconstitutional.)

Stark has a few choice words of his own in response to both the obnoxious and un-scientific remarks from the Sec. of State's office as well as Dominion, both of whom have been blasting the damning Halderman Report, as created on behalf of plaintiffs in Curling and finding at least nine alarming vulnerabilities confirmed by CISA in the Dominion systems. Both the State and private voting system vendor claim that the Univ. of MI's Dr. Alex Halderman failed to take into account, in his report, the physical protections of the state's 70,000 vote system devices. They believe that will adequately protect next year's Presidential election in the battleground state. In doing so, they seem to be pretending that the Coffee County breach by Team Trump in 2021 didn't already run roughshod over the state's voting systems, including by copying and distributing its sensitive, proprietary software over the Internet.

"If [Raffensperger's] spokesperson can't tell the difference between what we're saying and what the [MAGA] group is saying, then they are not competent to do their job," charges Stark.

"There is a world of difference between 'This system is Swiss cheese from a perspective of security, it's really vulnerable and you need to harden it,' and 'The election was rigged and the wrong person was announced to have won.' That's just not the same claim at all. Secondly, the idea that we should stop pointing out vulnerabilities and trying to improve the trustworthiness of voting systems because someone might twist our words --- the argument seems to be 'You should lie to people in order to increase their trust in you' --- that seems to be perverse. What we want is justified public trust in the outcome of elections."

He summarizes some of the most noteworthy concerns from the Halderman Report --- detailing the ease by which malware can be implanted into the system by a single voter via any one of the state's 35,000 touchscreen voting machines or by one person at the County level who can infect every machine in the jurisdiction --- before explaining how inadequate and naive the Secretary's responses have been.

Both Raff's office and Dominion cite a competing study to Halderman's commissioned by Dominion from a group named MITRE. Their unsigned report was created without access to the Dominion machines, unlike Halderman's report, and offers the misleading claim that physical security of the voting systems is likely adequate to prevent exploitation of the vulnerabilities meticulously documented by Halderman. Stark is among nearly 30 election experts now calling on MITRE to retract their report on that basis and others.

"First of all, they're just wrong," Stark charges, wondering what their instructions may have been from Dominion. "I conjecture that they were told to assume that those [physical] protections were in place. I doubt that they did any independent research to determine whether in fact there were effective protections in place."

"I liken this to saying it's completely fine to drive a car on bald tires, as long as you have a policy of only driving straight on dry pavement and never turning sharply, or applying the brakes. Except that's not how it actually works in practice. And here, it's very, very clear that the assumption that there is rigorous physical security around these devices is just not true."

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It's a good day on The BradCast. Let's enjoy it while it lasts. [Audio link to full program follows below this summary.]

After a full year of five-alarm warnings on this program about the the Moore v. Harper case at the U.S. Supreme Court, and the havoc its so-called Independent State Legislature theory would wreak on American elections and hundreds of years of American election law if approved by a Court majority, I'm very happy to say, the grave threat is over. For now.

By a 6 to 3 majority, with Chief Justice John Roberts and Justices Kavanaugh and Barrett joining all three liberals on the Court, the fringe ISL theory was soundly rejected (PDF). That theory, pushed by Rightwingers --- especially by Trumpers after the 2020 election --- holds that the U.S. Constitution's Elections Clause, allowing State Legislatures to determine "times, places and manner" of federal elections in their state, also give those Legislatures plenary power to make all laws pertaining to federal elections without the possibility of any sort of judicial review.

Had the Supreme Court majority gone the other way in this case, as many feared, State Legislatures would have had the only power to make such laws and rules. No Gubernatorial veto or state Supreme Court or state constitution --- or even state ballot initiative adopted by voters --- could have blocked them. They could have instituted partisan gerrymanders, even if their state's constitution barred them. They could have chosen which Presidential electors to send to the Electoral College, even if state voters had selected a different candidate. (It is under the ISL theory that Trump and his legal stooges like Rudy Giuliani and John Eastman tried to convince State Legislatures in Georgia, Arizona, Wisconsin, etc., that they had the power to choose Trump electors, even though voters in all of those states had voted for Biden.)

Voting rights advocates are breathing a huge sigh of relief today. Had the Court gone the other way, as many feared, more than 170 state constitutional provisions, over 650 state laws delegating authority to make election policies to state and local officials, and thousands of regulations down to the location of polling places could have been affected or simply overturned, according to Brennan Center for Justice.

Tuesday's news follows several other, surprisingly not insane rulings by the Court in recent weeks, where enough rightwingers peeled off to join the Court's Liberals to avoid worst case scenarios. As Slate's Mark Joseph Stern concludes in his article today on the Moore v. Harper decision, headlined "John Roberts Has Wrested Back Control of the Supreme Court": "So far this term, [Roberts] is once again in the driver’s seat—and the court is acting a lot more like a court than this time last year. It’s too early for grand conclusions. But it sure looks like a majority of the justices want us to know that they are backing away from the brink."

There are a few more major rulings to come --- on Affirmative Action in college admissions; on Biden's student loan forgiveness program; and on another dumb anti-LGBTQ "religious rights" case --- before this year's term wraps up at week's end. Decisions are likely to come on Thursday. But, even adverse rulings on those issues, as expected, are unlikely to have the democracy-rattling effect of what the case over the ISL theory would have wreaked, or had the Supremes gutted what is left of the Voting Rights Act (which was also feared but, also surprisingly, the Court did the right thing instead by following both precedent at the Constitution.) Perhaps a few members of SCOTUS' far-rightwing have learned a thing or two since their disastrous Dobbs decision overturning Roe v. Wade this time last year.

On the other hand, having not learned a think since this time last year is our twice-criminally indicted former President. On Monday night, CNN released the actual audio recording of a meeting cited in Special Counsel Jack Smith's 37-count felony indictment [PDF] against Trump on charges related to violations of the Espionage Act and obstruction of justice. It's a tape of the July 2021 meeting at his Bedminster, New Jersey resort, as described on pages 15 & 16 of the indictment, wherein Trump claims to be showing classified documents on military plans for an attack on Iran to a group of people writing a book.

Trump is heard in the audio telling his cackling audience that the documents he is showing them are "highly confidential," "done by the military [and] given to me," and that he no longer had the power to declassify them, now that he was out of office.

His recent explanation about the incident to Bret Baier of Fox "News", when asked about the description in the indictment prior to the release of the actual tape on Monday night, appears to be in pretty stark contradiction with what is heard on the audio tape. We play both recordings in full today so you can decide.

We're joined again today by former Republican attorney and U.S. Army Captain turned Daily Kos blogger KEITH BARBER to discuss the Trump tape; how it compares to its description in the Mar-a-Lago indictment; who might have leaked it and why; what the same behavior would have earned him as a member of the military; and what it is likely to mean for Trump's stolen documents case as it plays out in Florida under a wildly inexperienced and arguably corrupt Trump-appointed federal judge.

Finally, Desi Doyen joins us for our latest 'Green News Report' with rough news on the climate changed-fueled extreme weather pounding much of the nation this week (especially Texas), but with some far better news for EV charging standards and the solar industry as it overtakes fossil fuels...

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On today's BradCast, it's yet another "tour de force" of rightwing U.S. Supreme Court Justice corruption by billionaire Republican megadonors. [Audio link to full show follows this summary.]

But, FIRST UP, a few words on the climate change-intensified heatwaves continuing to pulse through Texas and threatening to max out its rickety privatized electric grid, as officials attempt to conserve their way out of the crisis and as the state's cruel GOP Governor Greg Abbott enacts a big government ban on local ordinances mandating water breaks for construction workers.

Also, a few thoughts today on the indescribably dumb GOP House majority, hellbent on shooting themselves, repeatedly, in their collective feet --- over and over again --- and why they've decided to take out their impotency, frustration and failure, at least this week, on the very effective Rep. Adam Schiff (D-CA).

THEN, the investigative team at non-profit news outlet ProPublica strikes again this week. On the heels of recent blockbuster reports detailing decades of corruption by U.S. Supreme Court Justice Clarence Thomas via hundreds of thousands of dollars in undeclared luxury vacations and travel, gifts, real estate deals and cash payments from rightwing megadonor Harlan Crow (and the Federalist Society's Leonard Leo), it was apparently Justice Sam Alito's time in the barrel this week.

As ProPublica's Justin Elliott, Joshua Kaplan and Alex Mierjeski documented Wednesday, Alito enjoyed private jet travel to a fancy Alaskan fishing excursion some years ago courtesy of rightwing billionaire megadonor Paul Singer. The hedge fund "vulture capitalist" would go on to repeatedly sing the praises of his fishing buddy over the years as "a model Supreme Court Justice" when introducing him at rightwing fundraisers, even as Singer had repeated business before the Court. Alito never declared the subsidized travel with Singer on annual disclosure forms, nor did he recuse himself from SCOTUS cases in which Singer would eventually reap billions of dollars.

Sound familiar? It should. In both Alito and Thomas' cases, the blooming friendships between Justices and billionaires was fostered and massaged by Leo, longtime leader of the far-right Federalist Society, which has been shaping the federal judiciary via Republican Presidents --- and matchmaking between Justices and wealthy benefactors --- for decades now.

We're joined today by the great LISA GRAVES, who previously served as Deputy Asst. A.G. at the Justice Department, Chief Counsel for nominations in the US Senate, and as a Deputy Chief of the Article III Judges Division for the U.S. court system. She now rakes muck as the founder of Truth North Research, helping to expose the toxic and corrupting effect of unbridled rightwing money poured into our political and judicial system from those like Crow, Singer, Leo and the Koch network.

Graves responds to a number of claims made by Alito in his unusual op-ed published by rightwing billionaire Rupert Murdoch's Wall Street Journal this week, where he chose to prebut ProPublica's reporting on Tuesday, instead of either responding to the journalists questions or doing so through the Court's communications office. Graves describes his remarks in the Journal as "extraordinarily deceitful and deceptive."

"Everyone knows that private jet travel is not permissible as a gift of supposed 'hospitality'," she explains. "The hospitality exception in those long-standing gift rules is basically meant to cover things like your high school friend throws you a party for your birthday at their house. Not this sort of post-appointment currying of favor by super-rich people subsidizing a luxury lifestyle through fabulous trips."

She argues the subsidized travel violates the law, along with Alito's failure to disclose it on his annual financial statements. There's false statements on those disclosure forms in which they [both Alito and Thomas] assert there's nothing more to disclose, that they've disclosed everything that they've been obligated to, and they clearly haven't."

"One of the things that this reveals is that the Court actually has no enforceable ethical code which would require the Justices to recuse themselves if there is bias or the appearance of bias, similar to the language that's in the Code of Conduct for US judges that does not apply to the Supreme Court, that they've chosen to not have any enforceable mechanism for."

"If an ordinary person would think that this sort of thing would create bias, a judge basically has an obligation to disclose it and/or to recuse themselves from cases where that bias might be raised," she says. But those rules only apply to the lower courts. When it comes to SCOTUS, the decision of whether to recuse is left entirely up to each Justice.

Graves also offers insight on the corrosive effect of "travel agent" and "matchmaker" Leo, who wields power with donors by hooking them up with Justices for "luxury travel subsidized by billionaires who have business before the Court."

When it comes to Alito, "this is a man who has acted as though he is the keeper of the kingdom in terms of strictly reading the Constitution, claiming this 'strict constructionist' or so-called 'originalist' approach, a faux neutral approach to the law. This is the man who orchestrated the overturning of almost 50 years of legal precedent on abortion. If this guy can't read the actual statute and regulations which expressly describe how [private] jets don't count as hospitality, how can we possibly have any confidence --- and I think most people don't --- that he would act impartially to read the Constitution or the case law around abortion or other issues that he doesn't like?" --- Or, other issues that his billionaire benefactors don't like.

FINALLY, Desi Doyen joins us for our latest Green News Report, which begins with astonishing heat in Texas and India and ends on an even more fowl note...

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