We haven't been able to open the phones to listeners for a few weeks on The BradCast, so today we do. [Audio link to full show follows below this summary.]

First up, however, the latest news on the stunning turn of events over the weekend in Ukraine, where its forces retook scores of cities that Russia had previously captured in the Kharkiv region in the northeast. Russian troops were apparently sent scrambling to avoid being cut off from their supply lines. They left behind weaponry and ammo as they beat a hasty retreat back to the Donbas region in the south in the wake of the surprise counteroffensive.

Moscow continues to pretend nothing happened at all. But even pro-war Russians appear to be furious about it all and could reportedly be turning on Russian President Vladimir Putin. He spent the weekend presiding over the opening of a new Ferris wheel and sports arena, as Ukrainian troops recaptured about 1,160 square miles of territory and are now said to be within about 30 miles from the Russian border.

At the same time, power from the nation's electric grid has --- at least for now --- been restored at Ukraine's Zaporizhzhia nuclear plant, one of the largest in Europe. It was taken over by Russia earlier in the war and power was recently cut off due to nearby shelling (both sides blame the other for it.) With grid power now returned, risk of catastrophic meltdown has been averted for the moment, though shelling in the region could once again put the plant at risk.

Back here in the U.S., there was a strange occurrence on Sunday when a small plane carrying Donald Trump --- dressed in golf attire, including golf shoes --- showed up at Dulles Airport near D.C. It was only Trump's second visit to the nation's capitol since he left office, and he gave no clue or statement on social media that he was going, nor why he was there, in what appears to be a hastily planned visit.

We share some irresponsible (if amusing) speculation from some top Trump Watchers about what the hell might be going on, before opening the phones today to listeners on all of the above and/or anything else they care to talk about.

So, yeah, that led to another lively --- and occasionally bizarre --- show today. Enjoy!...

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

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

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

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

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

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

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

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

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

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

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

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

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Since I kept my whining about the endless heat wave out here in Southern California to a minimum for a change on today's BradCast, I'll do so here instead. The record heat continues. And with no air conditioning at BRAD BLOG World News Headquarters, I only have the strength to muster up some quick links to some of the many stories covered on today's show. Tune in for details! [Audio link to full show follows this summary.]

• Britain's longest reigning monarch, Queen Elizabeth II, is dead at age 96 after her 70-year reign.

• A new Reuters poll find a large majority of Americans (nearly 60%) regard Trump's MAGA movement as a threat to the nation's democratic foundations. But only about 25% of Republicans agree.

• Trump's sleazy former advisor, MAGA swami, and convicted federal criminal Steve Bannon is indicted on 6 criminal counts in New York for money laundering, conspiracy and fraud related to siphoning hundreds of thousands of dollars from the nonprofit "We Build the Wall" campaign. The campaign was supposedly created to construct some border wall between the U.S. and Mexico. Bannon and the group's founders promised they wouldn't take a penny. They lied. Bannon was pardoned by Trump on his last day in office for similar charges at the federal level brought by Trump's own Department of Justice.

• The federal grand jury investigating the January 6, 2021 insurrection at the U.S. Capitol has now reportedly widened its probe to include Trump's scammy Save America PAC. While the political action committee has raised more than $130 million from its duped donors, theoretically to contest the results of the 2020 election, most of the money has gone unspent or, apparently, into the pockets of Trump and his family.

• The same federal grand jury has also now subpoenaed Trump's 31-year old personal aide, William Russell, who worked with him at the White House and has continued to do so since the disgraced former President left office. He is very close to Trump. He likely knows a lot of stuff.

• CNN's investigative unit on Wednesday published a detailed, lengthy story on GOP leaders in Wayne County (Detroit), Michigan caught on video tape teaching pollworkers how to break the rules on behalf of Republicans. We share the version of the story from CNN's Drew Griffin which ran last night on the cable net.

• BREAKING mid-show: Michigan's Supreme Court will allow an initiative on this year's midterm ballot for a state Constitutional amendment that would protect abortion rights in the state. Republican members of the state canvassing board had blocked the proposal --- which had been supported by a record 750,000 signatures --- from the November ballot because, they claimed, there wasn't enough spacing between words on the petition. Seriously. That, after Republicans pretended to believe, following the corrupt Republican U.S. Supreme Court majority overturning Roe v. Wade earlier this summer, that reproductive rights should be decided by the people of the states.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the historic heat wave in the U.S. West; new threats by Russia to shut off energy exports to Europe; a massive climate change-fueled humanitarian crisis in Pakistan amid record flooding; and more...

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We were on this story very early. Happily, more and more of the corporate media are finally covering it. But they still do not seem to be fully grasping --- or, at least, reporting on --- what now appears to be Georgia's Republican Secretary of State Brad Raffensperger clearly covering up election related crimes carried out by Team Trump and the MAGA crowd. We've got new evidence to support that charge on today's BradCast, as Raffensperger runs against Democrat Bee Nguyen for re-election this fall, hoping to win the MAGA vote after previously refusing to help them steal the 2020 Presidential election. [Audio link to full show is posted below this summary.]

But first today, an update on the record heat wave still lashing much of the U.S. West for a second week. On Tuesday, amid record temps (the state's capital city topped out at 116 degrees!) electricity demand surged along with the possibility of blackouts in California. But, following a cell phone warning from public officials, state residents answered the call to reduce usage. Demand reportedly plunged in response. Blackouts averted. For now.

It may take a hurricane to end this seemingly endless heat wave (it's also of record duration) by week's end, even as "extremely critical" warnings of wildfire risks are issued in almost a dozen states from the U.S. Northwest to the upper Great Plains. Record temps and wind gusts of up to 60 miles per hour could slam several states this week amid tinder-dry conditions that could spark uncontrollable new fires. Some 54 million people are currently under heat warnings and advisories as our climate emergency worsens in late summer.

Meanwhile...on the other side of the nation, Massachusetts' Democratic Attorney General Maura Healey will face Trump-backed, election denying, abortion opponent Geoff Diehl in this November's race for Governor, as moderate Republican Gov. Charlie Baker has opted against seeking a third term in the otherwise very liberal state. That's one of several general election contests determined by voters during Tuesday's primaries in the commonwealth. Tune in for more noteworthy results ahead of next week's final primaries of the season in Delaware, New Hampshire and Rhode Island.

Then, yup, we're going back to Georgia...

Back in May, we broke the story of what appeared to be a very serious breach of voting system security in Georgia's rural, Republican-leaning Coffee County. The news was based on a recorded phone call from one of the participants in the breach, seemingly confessing to the crime or bragging about funding the scheme to make unlawful copies of Dominion Voting System's sensitive Election Management Software following the 2020 election. The call, from Atlanta businessman Scott Hall, was recorded by the plaintiff in a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to force the state to move from 100% unverifiable touchscreen voting systems to verifiable hand-marked paper ballots.

That plaintiff was MARILYN MARKS, our guest once again today. She is a longtime election integrity champion and founder of the nonpartisan, nonprofit Coalition for Good Governance. After sharing that recorded phone call in May, she also joined us in June, after claims by Raffensperger that his office had been investigating the security breach at the Coffee County Board of Elections. In fact, as Marks noted at the time, she had been able to find no evidence whatsoever of an official probe by the Secretary's office into what we have now learned was part of a multi-state coordinated effort shepherded by Trump attorney Sidney Powell to make copies of voting systems software in Georgia, Michigan, Colorado and Nevada.

In at least the first three of those states, we now have evidence of MAGA sympathizers unlawfully creating hard drive images of voting systems, which were later released in various, dangerous ways to the public. As Marks points out today, law enforcement officials and Democratic Secretaries of State in Michigan and Colorado are carrying out serious criminal probes into the matter. Tina Peters, a Republican County Clerk in Mesa, Colorado, for example, has already been indicted on 10 criminal counts related to illegal hard drive copies. In Georgia, however, Raffensperger's office has either lied about their investigation or otherwise covered-up the entire matter.

That cover-up has now become considerably more difficult for Raffensperger, thanks to security camera surveillance footage subpoenaed by Marks in her federal lawsuit. On Wednesday, Washington Post, CNN and AP all ran detailed investigative stories on the Team Trump characters seen on video tape entering the Coffee County Board of Elections office on January 7, 2021 (the day after the insurrection at the U.S. Capitol), to scan and image hard drives and ballots. That, after several of those folks --- including the Chairs of both the Board of Elections and the County Republican Party --- appear to have lied about their involvement in the scheme during depositions in Marks' lawsuit.

Also discovered from that footage: Doug Logan, the CEO of the now-defunct Cyber Ninjas --- the outfit that ran the phony "audit" in Maricopa County, Arizona after the 2020 election, ultimately confirming that Joe Biden defeated Donald Trump in the state --- is seen entering the Coffee County Board of Elections over several different days, for hours at a time, for reasons still unknown.

Raffensperger's office, of course, could have obtained that security camera footage themselves at any time over the past year and a half, if they were really investigating this very serious breach. (Marks explains on today's show why it's so serious in advance of both 2022 and 2024!) And, while AP recently reported that Ryan Germany, the general counsel for the Secretary of State's office, claimed the office had opened an investigation into the matter in March this year, Raffensperger's top deputy, Gabe Sterling, appeared on a "Restoring Confidence in American Elections" panel at the Carter Center in Atlanta in April and denied anything happened in Coffee at all!

"We have claims, even recently, there was people saying 'We went to Coffee County and we imaged everything,'" Sterling said. "There's no evidence of that. It didn't happen."

Well, thanks to the newly obtained surveillance footage, we know Sterling was wrong. It did happen. And, surely Sterling would have known that by April, given that his office claimed to have begun their investigation a month earlier. Was he lying? Or did Raffensperger's top lieutenant just not know? "We do know he was not telling the truth," Marks politely notes today.

As to whether Raffensperger is carrying out a cover-up, she tells us, "It certainly doesn't look like a sincere effort to have a diligent investigation." She compares the situation to what's going on in Michigan and Colorado. "The Attorneys General and the state election officials went after the perpetrators who did that," Marks explains. "There's a special prosecutor with nine targets [in Michigan,] five of them are involved in Georgia. But none of them have been interviewed in Georgia." She charges that in Georgia, Raffensperger "does not seem to want to know --- the Secretary and the State Election Board --- neither seem to be terribly interested."

Oh, and at least one more critical point today: Raffensperger's office has finally opened some sort of investigation. How do we know? Because they have issued at least one subpoena in the matter...to Marilyn Marks!

She explains that and much more in our conversation today as the Coffee County Cover-Up continues to be uncovered, thanks to her.

Finally today, a step or two closer to at least some real accountability for Team Trump. Last week, former Trump aide Steve Bannon's motion for a new trial, after being convicted of two counts of Contempt of Congress, for failing to respond to a lawful subpoena from the House J6 Committee, was rejected by the judge. His sentencing is now scheduled for October 21.

And, more bad news for Bannon. On Wednesday, several media outlets are reporting that he has been indicted on fraud charges in New York, related to stealing at least a million dollars from the "We Build the Wall" scheme, which raised $25 million to build a bit of barrier on the U.S./Mexico border. He was charged federally for the same crime before being pardoned for it by Trump. He will reportedly turned himself over to authorities in Manhattan on Thursday, as the indictment is unsealed...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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Today on The BradCast: Our U.S. corporate media are still cowed by the radical Right and still failing in their Constitutional mandate to inform and educate the electorate; a few quick items from the UNconventional Times files in advance of the 2022 midterms; and a much-needed new tune to leave you whistling on the way out. [Audio link to full show is posted below this summary.]

First up, as I've long argued on this program, it's a mistake to buy into the political punditry of Conventional Wisdom that Dems will taking a beating this November. While the climb is still an uphill one for them this year --- particularly in the House --- polling is now bearing out my warning from months ago to ignore Conventional Wisdom in these decidedly UNconventional times. Some brief new exhibits for that case today: Maryland's popular, termed-out Republican Gov. Larry Hogan is describing Dan Cox, the state's Trump-endorsed GOP nominee for Hogan's job, as "not mentally stable", and "a nut" who has "no chance whatsoever" of winning the Governorship.

Further harming GOP odds this year, Trump's ever-worsening legal woes. As CNN reported last night, there are now 18 former top Trump Administration officials --- from two Chiefs of Staff to key military and intel officials --- who tell the news net that the disgraced former President's claim to have had a "standing order" that any documents he left the Oval Office with were immediately declassified is "ludicrous," "ridiculous," "a complete fiction" and worse.

CNN's exclusive reporting, however, never makes clear to readers that, whether or not the highly sensitive national security documents were declassified or not, doesn't actually matter. It was still unlawful for Trump to have stolen them when leaving the White House. That is a fact no matter the classification status of those documents or any other material that he stole upon leaving office last year.

Why are they so afraid to use a 100% accurate description like "stole" when describing what Trump stole from the White House? Or, as we've discussed on many previous shows, simply using plain language to describe Trump's many failed attempts to steal the 2020 Presidential election? (He wasn't trying to "undermine" or "reverse" or "overturn" the results, he was trying to STEAL the election!) Our guest today has some thoughts on all of that and more. He joins us the day after news broke that new management at CNN is cancelling Reliable Sources, the only legitimate media criticism program on cable or broadcast TV news, as hosted by Brian Stelter for 9 years at the end of its 30-year run.

We're delighted to welcome today longtime media critic and former corporate media "insider", DAN FROOMKIN, who served 12 years heading up Washington Post's popular "White House Watch" blog during the George W. Bush era (before he was unceremoniously let go for being too good at it), after which he moved to Huff Post and then The Intercept and is now the editor and creator of the Press Watch newsletter and website.

Our conversation follows on CNN's axing of Reliable Sources, as well as recent headlines from major media outlets that horrifically mislead the public or pull punches in order to "both sides" facts that they clearly see as as politically controversial, no matter how true they happen to be. One example, as cited by NYU media critic Jay Rosen last week, Washington Post's "Garland vowed to depoliticize Justice. Then the FBI searched Mar-a-Lago." And another deconstructed this week by media critic James Fallows on the New York Times' "Even on Biden's Big Day, He's Still in Trump's Long Shadow."

We cover a lot of ground on all of the above and more with Froomkin today. But, a few key quotes...

On Stelter and CNN: "It's a terrible indicator about what CNN is doing and where it's going. ....It's a huge loss for CNN and a huge win for Fox because Stelter was really one of the few in mainstream media who was willing to say that Fox News was all about spreading malicious lies and poisoning the politics of our country. ... I think the reason he was canned was because he was basically the number one target of the rightwing media." Froomkin describes the move as "clearly a sacrifice on the altar of rightwing media," likely at the behest of a major stockholder ("John Malone, the cable company monopolist") of CNN's new owner following the recent merger and reorganization of Warner Bros. and Discovery.

On the lack of Public Editors/Ombudsmen at major corporate outlets like NYT and WaPo: "Public Editors were an incredibly valuable thing...then they were all ditched. The excuse was hysterically funny. The excuse from the New York Times publisher was, 'We don't need a public editor anymore, because we have social media.' That has a certain sense to it, except you look at what they've been doing the last ten years. They've been scrupulously ignoring social media, mocking social media criticism of themselves. They've been incredibly defensive about anything anyone tweets about them. And they've now passed all of these rules telling reporters what they're allowed to tweet and not allowed to tweet, and one of the things they're not allowed to tweet is any criticism of the Times or any other journalists. Same rules at the Washington Post. ... I've always hoped that there would be a sort of critical mass of media critics out there who would cumulatively have the heft of one of these Public Editors, but it's never happened. And, as you pointed out, we're becoming fewer and further between."

On other ongoing corporate media failures in the Age of Trump: "The worst example, by far, is the coverage of the January 6 Committee and what's happened since. The singular achievement of that Committee was that it had established, to the satisfaction of pretty much everybody, except for the willfully ignorant, that prosecuting Trump was not a political necessity --- it was a moral necessity. I think that really helped inoculate [Attorney General Merrick] Garland against the perception that what he would be doing would be political. Instead, the FBI does a search warrant on Mar-a-Lago because of documents that [Trump] stole and didn't give back and then lied about giving back, and the press sees this as some sort of a political fight?!"

As to why the bulk of the mainstream media won't use the word "stole" or "steal" as in the indisputable facts regarding the documents Trump stole from the White House or his many attempts to steal the 2020 election: "Unfortunately, the truth has become so politicized in this day and age that simply asserting the truth is seen as political by these people. And they don't want to do that. ... Five years ago, I think everybody in the country would have agreed that trying to steal the Presidential election was a bad thing and whoever did it ought to be held accountable. But it's a little bit like the frog in the pot --- the media has, day after day, normalized what Trump does."

Much more in my fascinating conversation with Froomkin today.

Finally, as promised, we leave you with a long-overdue and much-needed new Randy Rainbow ditty to end yet another impossible week. Enjoy!...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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