Quite literally, as I signed off at the end of yesterday's show, a ton of alerts popped up on my iPhone with some pretty big and surprising news. News that turns out to be far more complex and/or nuanced than many seem to appreciate. So, that's where we pick things up on today's BradCast. [Audio link to full show follows this summary.]

BUT FIRST... As voters headed to the polls today in New York, Colorado, Utah and South Carolina for the last group of Congressional Primary Elections before next month's Republican National Convention, we're still keeping our eyes on a primary election from last week in Virginia.

Far-right Republican Rep. Bob Good, Chair of the far-right House Freedom Caucus, is currently just about 375 votes, out of more than 62,500 tallied, behind the even farther-right Republican state Sen. John McGuire in the GOP primary contest in VA's 16th Congressional District. With a margin that slim --- less than 1% --- whoever is certified next week as the winner of the currently "too close to call" race has every right to seek a recount. But Good --- who was opposed in the race by both Donald Trump and former Speaker Kevin McCarthy for various offenses against them --- is already on the offensive, charging that "this race cannot and must not be certified." He is claiming (without evidence, to date) "inappropriate activity" related to drop box voting in Lynchburg City, the largest in the district, that should prevent all votes in the city from being certified. That, even before a recount, apparently.

Good's own colleagues (all largely 2020 election deniers themselves!) appear to be laughing at him. Or worse. "No one is buying it," one House Republican told Axios. "What a loser," said another. "F**k Bob Good," said still another. But a Republican-turned-independent who lost to Good in 2020 may have best summed things up: "I don't find it surprising that an election between an election denier and an election denier would end with one of them denying the election was fair based on conspiracy theories."

In any event, we'll be watching and doing our best to ensure a fair, transparent recount, hopefully by hand and overseen by the public. We'll also be popping a fair amount of popcorn as it all plays out.

THEN... News broke last night that WikiLeaks' founder Julian Assange had, at long last, struck a plea deal with the U.S. Dept. of Justice after years in a British maximum security prison fighting extradition to the U.S. and, before that, seeking asylum in the Ecuadorian Embassy in London. Assange was facing charges filed in 2019 by Donald Trump's DoJ related to the release, beginning in 2010, of a trove of stolen classified documents, many of which related to alleged war crimes carried out by the U.S. in Iraq and Afghanistan. But many of the documents were related to other things that were less than criminal or even newsworthy. And some, in fact, put a number of people in grave danger.

Moreover, as our guest --- a journalist who wrote a number of articles based on WikiLeaks documents herself --- details today, many of the documents were obtained via unlawful hacking that Assange himself appears to have participated in. Other documents published by WikiLeaks, such as a trove of emails from the Democratic Party and Hillary Clinton's Campaign Chair, are believed to have been hacked by Russia and given to WikiLeaks for publication before the 2016 Presidential election with dubious or no news value whatsoever.

Still, Assange and his supporters have maintained that WikiLeaks is a journalism outfit and, as a journalist, he can't be held to account under U.S. law for simply publishing documents in the public's interest, even classified or stolen ones --- at least if he was not involved in the theft.

But there is far more to the story, as detailed on today's program by longtime, independent national security journalist MARCY WHEELER of EmptyWheel.net. As of airtime, the plea agreement detailing the single charge he agreed to plead guilty to --- reportedly related to the Espionage Act --- had not been released. But Wheeler attempts to clear up some of what she characterizes as propaganda that has long been circulated by Assange's supporters.

"His hacking into other countries started before he reached out to Chelsea Manning," the military intelligence analyst who turned over reams of documents to WikiLeaks, Wheeler tells me. Among the documents from Manning was the famous "Collateral Murder" video, revealing U.S. helicopter pilots gunning down 11 people in Iraq, including 2 Reuters journalists. Wheeler charges that Assange "tried to help Chelsea Manning break a password. Then the hacking conspiracy continued through 2016. In other words, the attempt to get other people to hack things. It was a larger hacking conspiracy that other people pled guilty to and went to jail for." All decidedly not the behavior of an actual journalist, she says.

She details the "very, very deliberate effort on the part of Wikileaks to hide the fact that the hacking conspiracy started before, and continued long after, the Chelsea Manning stuff," and notes, by way of another example, that, "in 2015, WikiLeaks helped Edward Snowden [a national security whistleblower] flee to Russia."

"That's not something journalists do," Wheeler asserts. "You might think it's honorable or heroic, but that's not something journalists ever do."

Of course, if the charge against Assange relates only to journalistic activity, but not hacking, then, Wheeler believes, it would be a serious threat to press freedoms, "this precedent of somebody being prosecuted for publishing something, especially if they've taken the hacking part away entirely."

Wheeler was "reasonably comfortable" if hacking was tied to the charges against Assange, "but once you take the hacking away, yeah, it is a terrible precedent we should all be worried about."

"Regardless of how much you hate Julian Assange, or regardless of whether you think what he did was newsworthy, just the precedent is a worrying precedent," she warns. "That may be what we're left with going forward."

UPDATE 6/26/2024: With the plea agreement [PDF] now released, Wheeler has a detailed article on the "Damaging Precedent of the Julian Assange Espionage Guilty Plea" that, as she explains, fails to focus "on the alleged hacking, which always distinguished Assange from journalists". She notes, "This plea could have been written in a way that limited the damage of the precedent. For reasons we have yet to discover (but which may have been dictated by Assange’s side, not DOJ’s), it was not.":

FINALLY... Desi Doyen joins us for our latest Green News Report with Climate Change Gone Wild as summer begins, with disastrous record flooding in the Upper Midwest compounding record heat and wildfires already over much of the country. And, with hurricane season heating up, FEMA warns of a shortfall in disaster funding if Congress doesn't act quickly...

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We're back on today's BradCast after an unavoidable extended weekend due to a family funeral. We've got a lot to get caught up on today. [Audio link to full show follows this summary.]

Before we get to today's guest, a few quick headlines from over the weekend and through today...

• Iran's President and Foreign Minister were killed over the weekend in a helicopter crash in foggy conditions in the northern part of the country.

• The top prosecutor at the International Criminal Court is seeking arrest warrants for Israel's Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as three Hamas leaders for war crimes and crimes against humanity in both Gaza and Israel.

• A British court has granted WikiLeaks founder Julian Assange the right to appeal his extradition to the U.S. on 17 espionage charges and one for computer misuse related to the publication of classified U.S. documents 15 years ago.

• The New York Times revealed last week that rightwing Supreme Court Justice Samuel Alito flew an upside down American flag --- a MAGA "stop the steal" symbol --- at his home for several days following the Trump-incited January 6, 2021 insurrection at the U.S. Capitol. Nonetheless, the corrupt Alito has failed to recuse himself from cases involving the 2020 election, including the Court's pending opinion on "Presidential Immunity" which has held up Trump's federal trial for months in his indictment on multiple failed attempts to steal the 2020 election.

• Rudy Giuliani and 11 others, including Kelli Ward, the former chair of the Arizona Republican Party, were arraigned on Tuesday in Phoenix for their roles in attempting to steal the state's 2020 election for Trump. Giuliani and the others face multiple counts each (nine in Rudy's case) related to conspiracy, forgery and fraud.

• The Defense rested on Tuesday in Donald Trump's 2016 election interference trial in New York, where he is facing 34 felony charges related to the falsification of documents to hide a hush-money payment to a porn star just before that year's election day. The disgraced former President, who repeatedly vowed that he would testify in his own defense at the criminal trial, did not do so. As expected. Closing arguments are next week.

• Voters headed to the polls on Tuesday for down-ballot primaries and special elections in Kentucky, Oregon, Georgia and California on Tuesday. We'll have any available noteworthy results and problems reports on tomorrow's BradCast.

Then we're joined by VICTORIA CADOSTIN, researcher and writer at the non-profit watchdog organization DOCUMENTED to explain who is behind the new Trump-aligned extremist group known as "Citizens for Sanity". In a weekend article at The Guardian, Cadostin and her colleague Brendan Fischer break down details from newly obtained filings by the dark money group revealing they spent more more than $90 million dollars in the final few months of 2022 alone on a flood of what have been described as "vile, racist and transphobic" ads designed to disinform, terrify, divide and incite the voting public.

"They were one of the biggest election spenders in the last election cycle," Cadostin explains. "What's really alarming about it is that our records show that Citizens For Sanity is housed at the Conservative Partnership Institute, which has been characterized as the 'nerve center' of the rightwing." She describes the group as the homebase for the Trump Administration in exile, as it's led by former Trump Chief of Staff Mark Meadows as well as one of his former attorneys (and election fraudsters) Cleta Mitchell. It also shares the same leadership with American First Legal, a rightwing extremist lawfare organization headed up by Trump's MAGA anti-immigrant henchman Stephen Miller.

"CPI represents the creation of MAGA political infrastructure," says Cadostin. "These are all folks who are in the MAGA world very deeply, and who have a lot of power in that world, who are pushing out this messaging and pushing out extremism."

The group spent tens of millions of dollars from unknown donors on ads that air heavily in battleground states and swing districts, and even during highly-viewed mainstream events such as the World Series.

The organization uses racist messaging against Blacks and Latino immigrants in its ads, even while it also targets those same communities with different ads in hopes of suppressing their voters. "It's really a targeted effort to stoke racial hostility and suppress the vote however they can for the base that they don't think will vote Republican or conservative," she says. "While at the same time pushing out messaging that will move a conservative base, a white American base, to show up at the polls. It is very sinister, the way they are twisting this, using this information to mobilize one particular base against another."

"These divisive ads and the spreading of misinformation in order to sway folks in swing districts have a real impact outside of just voting," argues Cadostin. "This kind of messaging supports the rise of anti-trans legislation and violence against trans folks, as well as the rise in anti-immigrant sentiment, legislation and violence. Powerful folks are throwing money around to manufacture racial and gendered hostility in the voting population. And it's also further evidence that attacks on equality and democracy are often coming from the exact same place."

What can be done about any of it, since, as disgusting as it all is, it's all largely been legalized by a string of rightwing SCOTUS decisions over the years? We discuss that as well on today's BradCast...

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We're back for today's BradCast after some much-needed down time last week over the holiday when we tried to look the other way for a few minutes. We've got a lot of catching up to do.

Among the stories we try to catch up with today...

• MyPillow CEO and conspiracy theorist, Mike Lindell, now says he wants to become the Republican National Committee's new chair! Sounds like a perfect fit!

• The independent Special Counsel appears to be wasting no time. Even on a holiday. Prosecutor Jack Smith, recently tapped by Attorney General Merrick Garland to oversee two Trump-related criminal probes by the Dept. of Justice --- on the January 6th insurrection and the classified documents stolen by the former President upon leaving office --- jumped into the documents case on Thanksgiving Day. While we were eating turkey, Smith was filing a one paragraph argument with the 11th Circuit Court of Appeals calling out Trump's attorneys for lying during a hearing earlier in the week. That hearing didn't go well for Team Trump, despite being heard by two Trump-appointed federal judges and one appointed by George W. Bush. Smith did not make things any better for them. We explain.

• Two Trump-backed candidates in Alaska were each declared losers in the U.S. House [PDF] and U.S. Senate [PDF] races last week after weeks of counting in the state's Ranked Choice Voting midterm elections. Democrat Mary Peltola will fill the seat in the U.S. House previously held by the late Rep. Don Young, a Republican who occupied the state's only House seat for nearly 50 years. She defeated the failed former President's choice, the state's failed former Governor and Vice Presidential candidate Sarah Palin, as well as two other candidates. And, moderate Republican Sen. Lisa Murkowski, who voted to remove Trump from office during his second impeachment trial last year, was declared to have defeated Trump-endorsed GOP challenger Kelly Tshibaka. Dems will hold a narrow majority in the Senate next year no matter how the U.S. Senate runoff in Georgia between Sen. Raphael Warnock (D) and Trump-endorsed Herschel Walker (R) works out next Tuesday. But, if yet another candidate supported by the disgraced former President crashes and burns next week too, the extra seat in the upper chamber could make a huge difference for Democrats.

• Meanwhile, in Arizona, former TV news anchor and Trumpette, Kari Lake, is still pretending that she must have won the Governor's election. All of the available evidence suggests Democratic Sec. of State Katie Hobbs was the winner, albeit by less than one percent. The narrow margin, however, is just a bit higher than the trigger for a statewide recount. So, Lake is now suing the Republicans who run Maricopa County (Phoenix), on the basis that the County's print-on-demand ballot system prevented voters from voting. It didn't. Though some GOP voters reportedly chose not to cast their ballots after being told the precinct-based scanners couldn't read the hand-marked paper ballots printed at a number of the County's voting centers. Those ballots were placed into a locked box and scanned back at County HQ. On Monday, the County certified their results, and the usual parade of deplorables issued threats to the officials for doing so. The state is scheduled to certify results next week, which will be followed by a recount in the incredibly tight Attorney General contest. It is currently led by Democratic candidate Kris Mayes over Trump-endorsed Abe Hamadeh who trails by just 510 votes out of more than 2.5 million cast in the state's November midterms.

• Meanwhile, the world's largest volcano, Mauna Loa, is erupting again in Hawaii...for the first time in nearly 40 years.

• Finally, we open the phone lines today for a bit of a "reverse BradCast," where callers ring in with stuff they want me and/or the world to know about. Among the topics raised by callers: Israel, Julian Assange, accountability for Don Jr. and Eric, democracy beyond elections, and more...

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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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Today's BradCast, not unlike today's news, goes from grim to grimmer...But we find a reason or two to smile every now again. Really! I promise! [Audio link to show is posted below.]

Among the tales told of our broken country on today's program...

• Breaking right at the top, Trump's Dept. of Justice announces 17 new charges filed against WikiLeak's Julian Assange, "including a virtually unprecedented move to charge him with publishing classified material," which serves as a very serious threat to the First Amendment rights of all journalists and media outlets;

• Breaking over night, 13 tornadoes were confirmed across Missouri, including a "violent" twister that ripped through its capital of Jefferson City. One near Joplin lead to the deaths of three, eight years to the day after a tornado, one of the deadliest in U.S. history, killed 160 in the southwest MO town. In total, there have been more than 130 tornadoes over about a half-dozen states in just the past week...for some reason;

• A breakthrough in the Senate on Thursday as the White House finally agreed to support a long-awaited disaster relief bill that does not include more money for Trump's border projects. But it does include $19 billion in actual disaster relief funding to hurricane, tornado, flooding, and wildfire ravaged states in the Southeast, Midwest, California, Puerto Rico and elsewhere after Trump held up the measure for months in hopes of border money and to block much-needed funds for Puerto Rico where communities were wiped out and thousands of Americans killed following 2017's Hurricane Maria;

• The Trump Administration announced another $16 billion giveaway to farmers --- on top of the $11 billion bailout they were given last year --- as compensation for Trump's ongoing trade war with China that has broken import/export markets around the world, hitting Trump supporters in farm country particularly hard. As it has become clear that President Stable Genius' trade war with China shows no sign of ending any time soon ("They're really easy to win!," he has repeatedly said) and as the cost of his import tariffs (new taxes on Americans) continue to add up, world financial markets are "buckling" again today;

• And, as all of that is ongoing, Trump appears to be coming even more unglued by the day, as the noose of his own criminality continues to tighten. Witness his insane tweets attacking his own former Sec. of State Rex Tillerson, who he described on Twitter today as "'dumb as a rock' and totally ill prepared and ill equipped to be Secretary of State." Maybe. But whoever would hire such an ill-prepared dolt for such an important job must be even dumber, apparently. Trump's comments were in response to testimony the former Secretary of State and Exxon-Mobil CEO gave to Congress this week, in which he detailed for hours how embarrassingly unprepared Trump was for a two-hour meeting with Russian President Vladimir Putin during the 2017 G-20 summit;

• And yet, with all of that, House Speaker Nancy Pelosi, who charged on Wednesday that Trump was "engaged in a cover-up", vowed at her weekly press conference on Thursday that House Democrats were "not on a path to impeachment". She further suggested that Trump was too unstable to govern and offered prayers once again for him while "wish[ing] that his family or his Administration or his staff would have an intervention for the good of the country." If only there was a way for CONGRESS to somehow "intervene for the good of the country". Maybe Pelosi will come up with something...anything that could be done on that score. In the meantime, she did note that the use of the Constitution's 25th Amendment, which allows a President's cabinet to remove a President who is, for any reason, "unable to discharge the duties of the office" would be "a good idea." But really, if only there was SOMETHING a majority led by Pelosi in the House could possibly do for the good of the country?! We discuss;

• Next, as if you didn't think this Presidency could get any grimmer, Trump is now said to be considering a Memorial Day weekend pardon of a passel of U.S. military war criminals who were either convicted of horrific crimes via military court-martial or who have been charged and are facing upcoming trials. We detail some of those horrendous crimes and the likely reason that Trump is now reportedly turning the Presidential pardon process on its head to grant unprecedented get-out-of-jail-free cards to war criminals while insulting his own military and breaking his own military justice system in the bargain. (Hint: Fox "News");

• Finally, Desi Doyen joins us for the latest Green News Report, with more on the week's terrifying tornado swarms and flooding in the beleaguered Midwest, a disturbing new study on sea level rise, Louisiana's plan to retreat from the coast, and some good news and bad (mostly bad) from Trump's EPA...

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On today's BradCast: You get an indictment! You get an indictment! You get an indictment! Everyone gets an indictment!!! Well, not everyone. At least not everyone who deserves an indictment. But a bunch of folks got indicted today in a bunch of separate federal cases. [Audio link to full show is posted below.]

One time Democratic hero and former Stormy Daniels attorney Michael Avenatti was charged in a 36-count federal indictment in California for allegedly stealing from clients, not paying his taxes, and committing bank fraud. Former Obama White House Counsel Greg Craig was charged by prosecutors in D.C. for lying to federal agents regarding his lobbying work in Ukraine, a case that came out of the Robert Mueller Special Counsel probe (where Trump Campaign chair Paul Manafort was previously found guilty of very related charges).

And, of course, WikiLeaks founder Julian Assange was finally arrested in the U.K. after being kicked out of the Ecuadorean embassy in London (where he's claimed asylum for the past seven years) before being found guilty by a British judge of skipping out on bail while facing extradition for charges of sexual assault in Sweden back in 2012. The Swedish charges have since been dropped, but Assange now faces both prison time in Britain and an extradition request from the U.S. where prosecutors unsealed a one-count indictment [PDF] against him today, as filed under seal in March of 2018.

For now, that charge is an allegation of "conspiracy to commit computer intrusion". Federal prosecutors in the Eastern District of Virginia claim he attempted to help crack a password for a classified Defense Department computer system to assist then U.S. Army Pvt. Chelsea Manning in hacking documents. That, after Wikileaks had already released hundreds of such documents --- many containing evidence of serious U.S. crimes --- taken by Manning, back in 2010. Freedom of the press advocates, however, warn today that the charges being brought by Trump's Dept. of Justice against Assange could be expanded to include normal journalistic activities, which could threaten the Constitutional rights of many media outlets and journalists alike.

We detail today what we know --- and don't --- about the indictment; what we know --- and don't --- about what Assange and WikiLeaks have done (including the release of documents stolen from the DNC and Hillary Clinton campaign in 2016); and what all of this may --- or may not --- mean for U.S. press freedoms as the case moves forward.

Also today: Some good news regarding the death penalty in New Hampshire; Some quick updates on Trump Treasury Dept. Secretary Steven Mnuchin's refusal (so far) to turn over Trump's tax returns to Congress in violation of the law; Trump Attorney General William Barr's obnoxious, hypocritical, and (so far) evidence-free claim that the Obama Administration was "spying" on the Trump Campaign in 2016; And more disturbing details on the perfidy and corruption of David Bernhardt, the longtime oil and gas industry lobbyist who was shamefully confirmed today by the U.S. Senate as Trump's new Interior Department Secretary.

Finally, Desi Doyen brings us the latest Green News Report on Trump's newly signed Executive Orders authorizing himself to, among other things, authorize new oil and gas pipelines without approval from other federal agencies, and to remove states' rights to block energy infrastructure that threatens local water supplies; the second bomb cyclone in weeks to likely bring billions in damages to a number of Midwestern states; and several troubling new studies regarding the acceleration of climate change and glacial ice melt now outpacing previous scientific predictions...

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On today's BradCast: As you may have heard, Donald Trump's former personal attorney and fixer Michael Cohen publicly testified under oath for some 7 hours in the U.S. House Oversight Committee on Wednesday. We're all over it today with special coverage. [Audio link to show is posted below.]

Among the "highlights" were Cohen's detailed allegations --- along with supporting documentation --- revealing that Trump committed felony crimes both before his election and since taking office, including secretly writing checks while President to reimburse Cohen for illicit hush-money payments made to Stormy Daniels just before the 2016 election. Cohen pleaded guilty last year to felony charges related to participating in that felony campaign finance conspiracy, which he says was "directed" by Trump to affect the election by keeping Daniels quiet about the affair she allegedly had with Trump.

Cohen also testified that Trump's son Don, Jr. participated in the conspiracy scheme in the months following the 2017 inauguration. Moreover, Cohen charged that Trump was told in advance by Roger Stone during the campaign that WikiLeaks' planned to release DNC emails said to have been hacked by Russia. He also offered evidence to suggest that Trump was well aware of the infamous Trump Tower meeting with Russians offering "dirt" on Hillary Clinton before it took place. Trump has previously denied both matters.

Cohen is set to soon begin a three-year federal prison sentence for his part in the hush-money conspiracy and for lying to Congress previously about Trump's plans to build a condominium project in Moscow.

In his damning and masterful opening statement [PDF], some of which we share at length today (and which you should read in full if you missed it), Cohen explains how he is seeking redemption and describes the man for whom he worked for ten years, in no uncertain terms, as a "racist, conman and cheat".

We're joined today by the great HEATHER DIGBY PARTON of Salon and Hullabaloo to discuss what we now know (and still don't), as well and how both Republican and Democratic lawmakers handled the day's astonishing and historic proceedings.

She describes Cohen's testimony as revealing how he "joined Trump's cult of personality and it destroyed him. The rottenness at the center of this cult of personality around Donald Trump was laid out, exposed. And [Cohen] looked in the eye of the Republicans sitting there on that panel who were defending Trump, saying to all these people, 'This will happen to you too. This is what happens if you follow this man.' It was almost a warning to the country [that] there's a rottenness surrounding this man on every level."

Indeed. Our full special coverage follows below...

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Don't care for the secretly-negotiated Trans-Pacific Partnership (TPP) trade deal? You're not gonna like the Trans-Atlantic 'Free Trade' Agreement (TAFTA) much better.

Earlier this year, in "Please Don't Notice the Global Corporate Coup", we explained how, via the TPP, giant multinational corporations --- through a secret negotiation process that they, not we, the people, have access to --- were working with the U.S. State Department and it's trade partners to supplant the sovereignty of participating nation-states with a privately-controlled, all encompassing, corporate, global "investor state". That "investor-state" is embodied in the deal through the creation of arbitration tribunals, which are granted the power to negate the effectiveness of laws passed by individual nation-states that are parties to the treaty.

The Obama Administration has taken extraordinary measures to hide the content of the TPP negotiation texts from the public as negotiations have proceeded in secret, but for the access granted to hundreds of corporate lobbyists. Rep. Alan Grayson (D-FL), one of the few members of Congress to acquire access to the secret draft texts described the deal to date as "NAFTA on steroids." Last month, however, WikiLeaks published TPP's 94-page, Intellectual Property (IP) chapter, a chapter that would, according to WikiLeaks' founder Julian Assange, permit corporate IP rights to "trample over individual rights and free expression."

The content of that chapter, according to Public Citizen's Lori Wallach will, among other things, not only extend the length of pharmaceutical patents (thus delaying the availability of more reasonably priced generic versions of the same medicine), but also attempt to expand patents to surgical procedures, both of which will serve to expand corporate profits at the expense of individual patients.

TPP represents only one-half of this ongoing, attempted, global corporate coup d'état. The second half finds its embodiment in the equally secretive TAFTA, which may prove a greater threat to our nation's sovereignty than the TPP in light of the fact that, as Public Citizen notes, "European-based corporations own more than 24,000 subsidiaries in the United States."

Like the TPP, they explain, TAFTA is also being secretly negotiated by some 600 U.S. corporate trade advisers and contains many of the very same threats to nation-state sovereignty…

I'll be hosting KPFK 90.7 FM's screening of the must-see documentary Shadows of Liberty on Saturday, 9/28 at 4:30pm here in Los Angeles at the Downtown Independent Theater (251 S. Main St.).

The screening will be followed by a Q&A with the filmmaker, Jean-Philippe Tremblay and a panel of familiar (and excellent) names, like Jason Leopold of Al Jazeera, Peter Scheer of KPFK's TruthDig Radio and Desi Doyen of The BRAD BLOG's Green News Report.

More details and ticket info here...

Here's the trailer if you haven't seen it in a while, or ever. (NOTE: I'm in the film briefly, but it's excellent anyway!)...

From Matt Sledge at HuffPo...

U.S. Army soldier Bradley Manning --- who, earlier this year, was found by the judge in his military trial to have have been illegally punished by the military for months during his captivity --- has just been found not guilty of aiding the enemy, the most serious charge filed against him.

The ruling on that point was predicted by "Pentagon Papers" whistleblower Dan Ellsberg during my KPFK/Pacifica Radio interview with him in late 2010, just after Manning had been fingered as the likely leaker of thousands of classified documents to Wikileaks.

While Manning was acquitted today of "aiding and abetting al-Qaida" --- an unprecedented charge in a leak case --- he may still face more than 100 years in prison for the other charges, including espionage and computer theft, for which the military judge just found him guilty. That, despite the government's "failure to demonstrate even one example of someone who was hurt" by Manning's leaks, as CNN's Jake Tapper just noted. Military convictions for sentences longer than a year receive an automatic appeal.

In January, the judge in the case, Army Col. Denise Lind, ruled that Manning's imprisonment, which included some nine months of solitary, often unclothed confinement for 23 hours a day in a windowless cell, had been "excessive in relation to legitimate government interests". At the time, rather than dismiss all charges as the defense had hoped, she reduced his potential life sentence by 122 days.

In an attempted plea bargain, Manning had confessed to many of the charges he was found guilty of today. Manning had admitted to having leaked reams of classified information to the media, including Iraq and Afghanistan war logs, diplomatic cables, and raw video of U.S. Apache helicopter gunships in 2007 gunning down 11 men in a public square in Iraq. Those killed in the attack included a Reuters journalist and his driver.

The government refused to bargain with the whistleblower, and tried him for aiding the enemy under the Espionage Act nonetheless.

In December of 2010, I discussed Manning's case with Ellsberg, who has some experience in this sort of thing. He seems to have nailed it in his prediction concerning the unfounded allegation that Manning committed treason by aiding the enemy, the most serious charge then alleged against Manning, and the one for which he was acquitted today.

As Ellsberg told me at the time...

• The text transcript and audio from my full December 1, 2010 interview with Daniel Ellsberg is posted here...

UPDATE: Here is the Transcript [PDF] of Manning's judge reading today's verdict on every count against him. Sentencing will take place at 9:30am ET tomorrow morning.

UPDATE 12:31pm PT: Here are a few very quick reactions to the Manning verdict, from ACLU and others, that are worth noting...

"Some countries are willing to stand up to the United States right now," Michael Ratner told Amy Goodman earlier this week, as he heaped praise upon Ecuador, the nation which previously granted political asylum to Ratner's client, WikiLeaks founder Julian Assange. Ecuador has defied the U.S. by saying it will consider NSA whistleblower Edward Snowden's request for political asylum.

It is likely that Ecuador is already furnishing Snowden with some level of diplomatic protection. AP reports that, according to WikiLeaks, Snowden was being "escorted by diplomats and legal advisers" during his travels from Hong Kong to Russia last weekend. It seems likely that Snowden was met at Moscow's Sheremetyevo International Airport by Ecuadorian diplomats. A black BMW with diplomatic license plates assigned to the Ecuadorian Embassy was reportedly, waiting at the airport last Sunday in advance of Snowden's arrival.

Ecuador is not the only nation that is unwilling to cooperate, for differing reasons, with an apparently vengeful U.S. government which has sought to make an example of Snowden by charging him with espionage. Some, like Hong Kong, have a longstanding commitment to free speech and the right to due process. Others, like Russia, have an interest in closer political and economic ties to the Bolivarian Alliance for the Americas (ALBA) --- a group of socialist and social democratic Latin American and Caribbean nations that includes three potential Snowden destinations, Cuba, Venezuela and Ecuador.

In all cases, there appears to be a growing revulsion towards the overreach of the NSA's increasingly privatized, "Big Brother"-like intrusions and a growing recognition that the United States has long-since abandoned its mantle as a beacon of democracy and a nation devoted to "equal justice under the law"...

Earlier this week, CNN's Anderson Cooper interviewed The Guardian's Glenn Greenwald about the baseless claim made by Rep. Peter King (R-NY), on Fox "News", that Greenwald was "threatening to disclose" the identities of covert American CIA operatives.

Additionally, and in flagrant disregard for the U.S. Constitution's First Amendment, King had earlier disgraced himself by calling for the arrest of journalist Greenwald, who originally broke the news on a number of the disclosures made by NSA whistleblower Edward Snowden. (The additional irony here, of course, is that King himself actually is an avowed supporter of terrorism.)

Cooper and Greenwald then discussed the claim that American national security has been harmed by the disclosures made by Snowden, and why both citizens and journalists should never merely accept, at face value, such claims from public officials...

King's blatant lies about Greenwald ought to underscore his point that such officials are not to be merely trusted.

Video of Anderson Cooper's 6/12/2013 interview of Glenn Greenwald follows below...

If you haven't already, you should read Glenn Greenwald's full take, published earlier this week, on the Obama DoJ's astonishing invasion of Fox "News" reporter James Rosen's work as a journalist by naming him as an unindicted co-conspirator in order to access his email, phone records and more in the course of the Obama Administration's criminal investigation into an alleged leak of classified material by State Department official Steven Jin-Woo Kim.

(For a somewhat different take on the matter, Jack Shafer's column at Reuters "What was James Rosen thinking?" is smart and worth reading, even as I find it uncomfortably close to flat out blaming the victim.)

To his credit, Greenwald's consistent stance over the years on this issue --- from his documentation of outrageous attacks on journalists and journalism during the Bush Administration, to outrageous attacks on journalists and journalism during the Obama Administration (much of which he references in his report linked above) --- earn him a lot of cred here. It has also earned him scorn from both the Right and supporters of the Obama Administration.

What has made all of this additionally amusing/maddening over the past week, however, has been the hypocritical turn by the Right and Fox "News" --- now that one of its own has been caught in the buzz-saw. Suddenly, they are outraged --- outraged! --- over the chill on journalism and journalistic freedom and the assault on the First Amendment now that it's the Obama Administration that is doing it and, I should add, now that it's being done to them. Recall, they didn't much care --- supported it, in fact --- when there were similar attacks on journalists at New York Times and Washington Post by the Bush Administration. Or, more recently, under Obama, against journalists like Julian Assange at WikiLeaks just a year or two ago. As discussed during my 2010 interview with legendary "Pentagon Papers" whistleblower Daniel Ellsberg, then Fox "News" contributor Sarah Palin, for example, called for Assange to be hunted down like a terrorist "with the same urgency we pursue al Qaeda and Taliban leaders".

True, the Obama Administration has taken the Bush War on Journalism to a whole new and disturbing level, but essentially he's simply continuing --- arguably, fulfilling --- the long-stated, long-supported-by-the-Right positions of the previous Administration. And they are the exact same positions they supported even just a year or two ago when calling for the prosecution of Assange!

It's a pretty clever win-win scam by the Right, in truth. Slam Obama as being "soft on national security!", and then yell and scream about it (justifiably so, in this case) when he takes action to prevent leaks "in the name of national security".

In an update to his full story, Greenwald added the following thoughts along with a short Meet the Press video from 2006 that you need to see. While watching it, please note how favorite Rightwing/Bush Administration son Bill Bennett was pushing for everything that the Right and Fox "News" now claim to be outraged about today. (They really should be outraged about it today, by the way. But they should have been equally outraged about it back when they and Bennett were actually arguing in support of heading straight down the slippery slope we are now gliding down at breakneck speed)...

UPDATE 5/24/2013: BRAD BLOG commenter "Billy" has made a serious charge that Greenwald was "lying" in his column cited above. I've asked Greenwald for a response to that charge and have now posted it here.

Moreover, this additionally disturbing information about the Rosen case has just been reported today...

Guest blogged by Ernest A. Canning

Speaking to a crowd of supporters from the balcony of Ecuador's U.K. Embassy last Sunday, WikiLeaks founder, Julian Assange, demanded that the United States end its "war on whistleblowers" --- a war that, Assange said, not only threatens WikiLeaks but "the freedom of expression and the health of our societies." The U.S., he said, must choose between returning to the "revolutionary values" upon which it was founded, or "lurch off the precipice, dragging us all into a dangerous and oppressive world under which journalists fall silent under fear of prosecution."

Assange credited citizen activism for the fact that Britain did not carry out its unlawful threat last week to "storm" Ecuador's Embassy, stating:

Assange called upon the U.S. to "pledge, before the world, that it will not pursue journalists for shining a light on the secret crimes of the powerful."

"There must be no more foolish talk about prosecuting any media organization, be it WikiLeaks or be it the New York Times," he declared. "The U.S. Administration's war on whistleblowers must end."

The controversial Assange went on to call for the release of "one of the world's foremost political prisoners, Bradley Manning," noting that the former Army Intelligence Analyst had just "spent his 815th day of detention without trial. The legal maximum is 120 days."

Manning is the U.S. Army Private alleged to have released classified material to Assange's WikiLeaks. Legendary Pentagon Papers whistleblower Daniel Ellsberg, during a late 2010 interview with Brad Friedman, described Manning as a "patriot" for his release of the documents.

The full video of Assange's 8/19/12 statement from the balcony of London's Ecuadorian Embassy, where he has been granted asylum by the Latin American country, follows below...