Will he ever face any punishment for his many crimes? That is among the many issues covered on today's BradCast. [Audio link to full show follows this summary.]

FIRST UP... The fight over Donald Trump's absurd selection of alleged statutory rapist Matt Gaetz as the next U.S. Attorney General continued in Congress today, as Republicans on the House Ethics Committee appeared to block the release of the report from a years-long investigation into the former Florida Reps' well-documented record of alleged sex trafficking of minors, paying some $10,000 for sex, and illicit drug use, among other (previously) disqualifying issues for someone tapped to head the Dept. of Justice as the nation's top law enforcement official.

THEN... The clown show of other Trump appointments to key government posts has continued over the past 24 hours with the selection of pro-wrestling's WWE co-founder Linda McMahon to head the Dept. of Education (which Trump has previously vowed to shut down) and TV doctor/snake-oil salesman Dr. Mehmet Oz to head up the Centers for Medicare and Medicaid.

But one of Trump's picks this past week has received much less attention than it deserves. Brendan Carr, author of the chapter on the FCC in Heritage Foundation's Project 2025 [PDF], was selected over the weekend to become Chair of the Federal Communications Commission, even though Trump pretended during the campaign that he wanted nothing to do with Project 2025 and the people who created it. Carr quickly took to his friend Elon Musk's Twitter/X after his nomination on Sunday to declare a war on "censorship" by Big Tech companies, before subsequently appearing on Fox "News" to suggest the FCC must review broadcast licenses granted to news outlets like CBS. During the campaign, Trump called for the censorship or complete shutdown of almost all broadcast and cable news outlets that are not rightwing propagandists.

It must also be noted that Project 2025 specifically calls (see p. 279) for reviewing the broadcast licenses to Pacifica Radio Network, which has dozens of affiliate stations across the country that air The BradCast every day, including KPFK, our flagship station here in Los Angeles.

NEXT... The New York state justice system is in completely uncharted waters at the moment, with the election of Donald Trump following his conviction earlier this year on 34 felony counts of fraud related to his hush money payment to adult film actress Stormy Daniels before the 2016 election. Sentencing in the case had been scheduled for November 26. But this week, prosecutors from the office of Manhattan District Attorney Alvin Bragg informed Justice Juan Merchan they were willing to pause sentencing to litigate Trump's assertions that, following his election this month and the U.S. Supreme Court's absurd "Presidential Immunity" ruling over the Summer, he can never be sentenced at all and the case must be dismissed in full. NY prosecutors, however, disagree and argue he should still be sentenced even if, in a worst case scenario, it must wait until after Trump is out of office.

We're joined today to help us make sense of this mess by George Washington University law school professor RANDALL D. ELIASON, who previously served as chief of the U.S. Justice Dept.'s Fraud and Public Corruption section in D.C.. Over the weekend, Eliason argued in an article at The Atlantic that New York must proceed with sentencing of Trump before he is sworn in to office next January.

"At this point," he tells me today, "it's almost less important what the actual sentence is. But I think it's important for the justice system to see that this case gets concluded, and doesn't just kind of dangle out there for the next four years. The case has already been tried and we already have a jury verdict. And it could be sentenced before he even takes office. That's not going to 'chill' him from doing anything as President, because it's over, and it's not going to take any of his time because appeals are handled by the lawyers."

While conceding "we don't have any precedent for any of this" and that a prison sentence certainly can't happen while he's in office, Eliason argues that it's "important now that A sentencing happens," even if it "can't be that meaningful or consequential. But I think it should take place just as a matter of the justice system completing this prosecution, honoring the jury's verdict, and having an official judgment of conviction entered on the record that he is, in fact, a convicted felon. Then the appeals can proceed in the normal course."

In addition to much more on that, we also discuss...

• The "extremely concerning" appointment of Matt Gaetz as U.S. Attorney General, who, the longtime DoJ veteran Eliason describes as "completely unqualified for the job" with "his only connection to the Justice Department, as far as I can tell, as the subject of a criminal investigation";
• The likelihood of Trump using recess appointments to push many of them through without Constitutionally-mandated Senate oversight. "How much Trump can get away with is going to come down to whether Senate Republicans have any backbone at all, and are willing to stand up for their Constitutional role for advice and consent." (Uh, oh);
• Whether the sprawling racketeering conspiracy case against Trump can continue in Georgia against his 18 indicted co-conspirators even if the ringleader of the attempt to steal the 2020 election in the Peach State is now either let off the hook entirely or is allowed to defer the trial until after he is out of office;
• How Eliason would like to see Special Counsel Jack Smith end the two federal indictments against Trump for his attempt to steal the 2020 election and his theft of hundreds of pages of highly classified national security documents the last time he left office in 2021;
• And whether Trump will still have to pay his civil penalties no matter what happens, including the $355 million fraud verdict against him in New York State and the $83 million jury award in the sexual assault case against him won by writer E. Jean Carroll...

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It's going to get much darker and more ridiculous, before it begins to get better. But it is not "The End", despite a suggestion of same here and there throughout today's BradCast. [Audio link to full show follows this summary.]

Among our coverage today...

U.S. House race updates from California where, this week so far, one seat has flipped from "red" to "blue", another that had been expected to turn "red" will likely stay in Dems hands (the seat formerly held by Democratic Rep. Katie Porter), and another longtime "red" seat (since 1980!) appears on the verge of flipping to Democrats. Even so, as of airtime, Republicans are now just one seat away from narrowly winning majority control of the lower chamber of Congress.

Donald Trump lost his first political battle with his upcoming Republican U.S. Senate Majority on Wednesday morning, as South Dakota Sen. John Thune, a Mitch McConnell deputy, was selected by the Caucus as its new Majority Leader. MAGA enemy McConnell is set to retire and Florida Sen. Rick Scott, loudly lobbied for by MAGA, was defeated in the contest to replace him.

Another wave of stooges, corporatists and/or unqualified buffoons were named for key Trump Admin roles since yesterday's program. And the latest wave includes some real humdingers!...

• 'The Ultimate Corruption': Richest-man-in-the-world and major government contractor Elon Musk and failed GOP Presidential nominee Vivek Ramaswamy were named to head up the "Dept. of Government Efficiency" (DOGE! Get it?), even though, as AP notes there is no such government agency.
• 'Who the f--k is this guy?’: Trump's nomination of Fox "News" weekend host and former National Guard major Pete Hegseth's nomination for Defense Secretary --- to oversee an $800 billion annual budget and nearly three million troops and civilian employees --- stuns the military world.
• A Gift for Vlad: With no experience at all in the field, jilted Democratic Congresswoman/Presidential nominee turned Republican Putin propagandist and Trump fan Tulsi Gabbard is named to be the next Director of National Intelligence.
• 'Uniquely Awful': Florida Congressman and MAGA insurrection supporter Matt Gaetz, long investigated for the alleged sex trafficking of minors, is named to be Trump's U.S. Attorney General.

Then, we're joined by longtime national security and accountability journalist MARCY WHEELER of Emptywheel, to walk through the post-election status of the four different criminal felony indictments (and 34 convictions) of the incoming President of the United States.

Donald Trump's cases at the federal level --- for stealing national security documents and inciting the January 6, 2021 attack on the U.S. Government as one of several failed attempts to steal the 2020 election --- will now, most likely, just go away. Though Special Counsel Jack Smith is reportedly putting together final reports in those cases for potential release in advance of Trump taking office.

"The cases are going to end, but I suspect Jack Smith was already thinking about what he would do if Trump won, and the way in which to leave the best record available," Wheeler tells me, suggesting that he may do it soon enough that there could be public hearings on those indictments in the U.S. Senate, while Dems are still in majority control.

The two cases at the state level --- in New York, where he was convicted on 34 felony counts of fraud related to hush-money payments to help him win the 2016 election, and in Georgia, for trying to steal the 2020 election --- are a bit more complicated. It's less clear what will happen next in both cases, as sentencing is currently pending in NY and appeals are continue in GA where Trump's 18 co-conspirators, including his disgraced lawyer Rudy Giuliani and former Chief of Staff Mark Meadows, may be tried without him.

We also discuss what happens to Trump's civil verdicts where he was found liable for $355 million for fraud in New York, and for $90 million in the E. Jean Carroll sexual assault case.

Wheeler also discusses the pending fraud charges against Trump buddy Steve Bannon; the outrageous nomination of Matt Gaetz as Attorney General ("All of these Jan 6ers are going to be released, probably including the seditionists."); whether A.G. Merrick Garland could have done anything to bring any case against Trump to a trial, much less a conclusion, before this year's election; and how "the Republican Party, as a whole, has decided that they do not believe in rule of law anymore"...

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The headline, and stunning heartbreak over the past 24 hours, likely explain today's BradCast well enough. [Audio link to full show follows below.]

But, as Kamala Harris said today in her brief concession speech at Howard University (shared in full on today's program) after setting an example by vowing to "engage in a peaceful transfer of power" with Donald Trump...

We are joined today (much sooner than anticipated for some odd reason, after speaking with them just last week), by our old friends and fellow old-school bloggers, HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog and 'DRIFTGLASS', who writes at his eponymously-named blog and co-hosts the weekly Professional Left Podcast from his home in "Flyover Country, Illinois."

Among the questions asked and discussed...

• What did we all miss last week during our final conversation before Election Day, when we were clear-eyed, but bullish on Harris' odds this week?
• What, if anything, could the remarkably well-run Harris Campaign have done better? And what does this actually reveal about Hillary Clinton's 2016 loss to Trump?
• Are a huge number of Americans, millions of whom voted directly against their own self-interests, cruel and stupid or just wildly disinformed by our failed and/or corrupted media?
• Why would so many Latinos vote for the guy who promises "mass deportations"?
• Will Democrats ever figure out how to counter the "perpetual 50 state campaign" that is run by Republicans over their enormous and extremely well-funded media outlets (who have also poisoned the well of otherwise legit corporate media outlets?)
• How soon and/or how badly will Trump and his Republican over-reach after taking power?
• Got any helpful advice for how best to handle all of this and move forward in the days ahead? (Turns out, they do.)

As usual, both of them have much wisdom for us...even on a dark, dark day like today for the nation and the world...

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Step with us through the bizarre Fox 'News' looking glass on today's BradCast, where we try to make sense of all the stuff that the disgraced former President, his beclowned running-mate, and their television and social media propaganda partners really hope you don't make sense of at all. [Audio link to full show follows this summary.]

Among our stories today...

• The string of good news rulings continue from state judges in Georgia. Last night, just after airtime, yet another judge issued a ruling striking down new rules recently instituted by the MAGA-majority on GA's State Elections Board. Democrats, Republicans and voting rights advocates alike charge that the SEB's new rules are unlawful, might result in chaos, and could be used to try and delay or even block the certification of votes at the County level in the critical battleground state. The judge in this challenge, filed by a Republican, found seven of the Boards new rules to be "illegal, unconstitutional and void." As we've reported in recent weeks, some of the new rules actually make sense. But instituting them this late, while voting is already underway, is likely a very bad idea. Apparently, according to the judge in last night's state court ruling, they are also unlawful.

• Unlike Donald Trump, Kamala Harris, the Democratic nominee for President does not appear to be afraid of adversarial interviews by real journalists --- or even by Bret Baier of Fox 'News'. The full, 26-minute interview from Wednesday is here. We share a clip or two including the moment when Harris clapped back hard against Baier's attempt to whitewash Trump's recent threats to use the U.S. military against his perceived domestic political opponents, who he has been repeatedly describing of late as "the enemy within".

• Meanwhile, as Donald Trump continues to completely avoid or otherwise wilt during any real interviews outside of his rightwing fantasy world --- due to his cowardly inability to handle real questions from real journalists who don't play along with the imaginary dystopian Biden-Harris hellscape he and Fox have created for their brain-poisoned followers --- his Vice-Presidential running mate continues to stick his neck out for Trump in the real world. And, somewhat understandably, he's making an utter hash of it, because it's all built on Big Lies and nonsense. J.D. Vance, after weeks of trying to change the subject while being pressed to answer if he believes Trump lost the 2020 election, finally answered the question yesterday. His answer is "no". So, apparently Trump won the 2020 election?! Well, yes, Vance explains, because of "Big Tech companies" who, in 2020, "engaged in industrial scale censorship backed up by the federal government" to block the "real scandal" of Hunter Biden's laptop costing the Trump-Pence ticket "millions of votes". You remember that, right? Back when Trump, not Biden-Harris, was actually in charge of the federal government? It's complicated. We explain. We also explain how Trump and his $75 million benefactor and Twitter/X owner, Elon Musk, really are --- literally --- working together to engage in industrial scale censorship to block distribution of Trump Campaign documents hacked by Iran and to ban journalists who link to it. (Contrast that with Trump singing the praises of hacks and other election interference by Russia back in 2016 and 2020. As noted, it's complicated.)

• Finally, Desi Doyen joins us for our latest Green News Report, amid the costly cleanup of recent climate change-fueled hurricanes which are now raising everyone's insurance rates, not just for those who live in hurricane zones; as the U.S. Small Business Administration's disaster loan fund has now out of money, thanks to said hurricanes, with Congressional Republicans refusing to refill the coffers; and as our corrupted SCOTUS, curiously, chooses NOT to block the Biden EPA's new emissions limits for power plant...for now...

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I do realize The BradCast has been in occasional danger of late of becoming just giddy enough to, perhaps, become all but unrecognizable to some. Oh, well. Too bad. Those may be folks who are failing to realize they may be living through one of the most extraordinary moments in American political history. Lighten up. There's nothing wrong with appreciating the moment after so many years of darkness. [Audio link to full show follows this summary.]

But to achieve the promise of this moment, there are still a bunch of very difficult weeks and months (not to mention years) ahead. A little-noticed reminder came from the state of Florida last night --- which voted in Congressional primaries on Tuesday along with Alaska and Wyoming --- when a number of county election result websites were failing to work as expected after the close of polls. They were websites run by a contractor named VR Systems, a little-known Tallahassee firm which also runs voter registration systems in several Florida counties and other states. If the name of the company is familiar, it is likely because we would eventually come to learn in 2017, thanks to whistleblower Reality Winner, that the firm was the victim of Russian-based spearphishing attacks in advance of the 2016 election. We still don't know the extent of those 2016 attacks, nor much about what happened to cause problems on Tuesday night with their websites in Florida. But, since nobody else seems to have connected those dots in the media, it seems worth sticking a pin in here for now.

After a few quick thoughts on that today, it's back to the political history underway in Chicago this week...

"Something wonderfully magical is in the air, isn't it?," former First Lady Michelle Obama rhetorically asked the packed, roaring crowd at the United Center on Day 2 of this year's Democratic National Convention. "We're feeling it here in this arena, but its spreading all across this country we love. A familiar feeling that's been buried too deep for far too long. You know what I'm talking about. It's the contagious power of hope," she explained to a packed, raucous arena of Dems, who had just gone through what was absolutely the most electrifying roll-call --- to nominate Kamala Harris and Tim Walz --- in American political convention history.

"The anticipation, the energy, the exhilaration of once again being on the cusp of a brighter day," Michelle continued. "The chance to vanquish the demons of fear, division and hate that have consumed us, and continue pursuing the unfinished promise of this great nation, the dream that our parents and grandparents fought and died and sacrificed for."

"America, hope is making a comeback!," she declared. And the crowd of Democrats reached new heights of ecstasy. And all of that before her husband, former President of the United States, Barack Obama, tried to match her with his own unparalleled oratorical skills.

We've got much, much more for you today on all of the above, as we're joined again by old friends and fellow old school bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of his eponymous blog and his weekly Pro Left Podcast.

I'm not sure I can even try to summarize our conversation today. There is Parton describing how the DNC --- just half-way over this week as of airtime, mind you --- has "far surpassed my expectations ... And having it be this unusually, upbeat, joyful, happy, enthusiastic experience. I didn't expect it. And I have to say I am truly enjoying it, which I don't normally say about political conventions."

Says Driftglass: "The media has a story they want to tell, and that story is Dems In Disarray and protesters and cops in the street. And we are denying them that story. And that's what is freaking them out. Because that is not the fairy-tale they've been telling the public for forty years, which is that both sides are bad, there's no difference between the two parties. Only when there's a breach, a radical opening in that box, can people peek through that media filter and see the actual Democratic Party. ... The base of the party is finally getting heard. And the base of the party is pretty progressive. This weird filter that everything democratic had to flow through, the people who spoke for us in the media, were Maureen Dowd proclaiming, 'What the Democrats need is an open convention.' And the base said, 'Hell no. That is not what we need. Shut up.' It seems like the progressive base, almost as one, has reached out and told them to shut the hell up, the party is actually us!"

And then there is also Desi today: "I think part of what is going on is that hope is a moving thing for the human heart. It's moving to see Democrats articulate these common values that we all hold, no matter what your political party is --- of family, of patriotism, of opportunity, of equality for all. We've all been through a collective trauma over the last nine years. Seeing this kind of hope is like therapy."

Like I said, I can't even begin to summarize it. Perhaps this is why we don't necessarily realize we are going through historic moments until long after. But, tune in to today's show to hear a bunch of battle-hardened political muckrakers watching so much of what we've been advocating for, for so long, unfolding before our very eyes.

Maybe.

But, as Michelle said, there is a contagious power of hope...

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Was the Trump Campaign really hacked as they've recently claimed? If so, was it actually by Iran, as they also claim? And, If so, isn't that a far greater threat to national security than the corporate media reporting on it seem to understand, so far? Those are just some of the questions asked and answered on today's BradCast. [Audio link to full show follows this summary.]

BUT FIRST... before we get to our guest today with answers to those questions, another tropical storm has spun up very quickly this week in the record hot Atlantic Ocean. Desi Doyen has the latest today on the climate change-fueled Hurricane Ernesto as it blows by Puerto Rico, which is still rebuilding its crippled power grid from previous storms, and heads toward Bermuda.

NEXT... it was primary Election Day on Tuesday in Connecticut, Vermont, Minnesota and Wisconsin with Congressional and state primaries and even some ballot initiatives for good measure. We've got several noteworthy reported results from all four states after what appears to have been a smooth Election Day in all of them, along with a look ahead and what a number of the contests may portend for November.

THEN... You probably saw the headlines over the weekend about someone calling themselves "Robert" approaching Politico, New York Times and Washington Post with what they claimed to be internal Trump Campaign documents, such as vetting documents for GOP Vice Presidential candidate J.D. Vance. You probably also heard that the Trump Campaign is claiming they were hacked by Iran, and that Microsoft, just one day earlier, had issued a security bulletin [PDF] stating that a hacking outfit tied to Iran had "sent a spear-phishing email to a high-ranking official of a presidential campaign from a compromised email account of a former senior advisor." (That "former senior advisor" appears to be federal convict, Republican dirty trickster and longtime Trump buddy, Roger Stone.)

So, are all of those things actually connected, as the Trump Camp is claiming? And, after Donald Trump repeatedly lauded the publication of internal campaign email documents hacked from the Clinton Campaign by Russia in 2016, how hard should we now be laughing at his own 2024 Campaign spokesperson warning: "Any media or news outlet reprinting documents or internal communications are doing the bidding of America's enemies"?

It's difficult not to chuckle at how the worm has turned, but for our guest today, national security journalist MARCY WHEELER of Emptywheel, joining us to explain what is seemingly being missed by the mainstream coverage of the events --- accurate or not --- as noted above.

First, we try and sort out with Wheeler what is actually known versus still speculative, and how much of it could amount to Team Trump conflating events in hopes of playing the victim and/or protecting themselves from the publication of documents said by "Robert" to be marked as "privileged & confidential". It's certainly interesting to compare how the media have treated these internal campaign documents versus Hillary's in 2016.

But the larger concern, as Wheeler reports this week, is that since Trump doesn't seem to firewall his Campaign documents from the legal documents related to the many criminal cases against him, there are very serious concerns that whoever hacked his campaign emails --- if, in fact, they did --- may also have gained access to highly classified information related to those cases, such as the felony charges he is facing in Florida for having stolen highly classified national security information when leaving office in 2021.

"Donald Trump has not firewalled his campaign from his crimes," Wheeler tells me today. "If you were to hack their computer, it would be a gold mine. It would be a gold mine that would make all of us less secure."

"Remember, we know one of the documents charged against Donald Trump [in the stolen documents case] summarizes the 2019 plans against Iran if they attacked us," she warns. Also, there were documents pertaining to what we know about Iran's nuclear program. She says that, if in fact you have hacked email accounts from the law firm that was vetting J.D. Vance, "then you're getting a lot closer to things that go to Trump's stolen documents case. That's one of several reasons where, if the Iranians were successful, as Russia was [in 2016], you could have a snowballing effect on the national security implications here."

"Most normal humans beings firewall these things," Wheeler asserts, while detailing the way Trump's campaign business is known to have been co-mingled with his legal defense funding and more. "Donald Trump has never kept those separate. We know he hasn't kept them separate. Those are the reasons why the fact that Donald Trump may have been hacked raise additional concerns."

And, oh yeah, there is the newly revealed evidence, via the Dept. of Justice, that someone linked to Iran was recently working on an assassination plot against the former President. That, too, as she details today, plays into this initially hilarious and, on second thought, potentially horrifying turn of events...

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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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There are just 140 days until the November 5 General Elections. Threats against them by adversaries both foreign and domestic are simmering and/or growing. We discuss some of them --- and much more --- on today's BradCast. [Audio link to full show follows this summary.]

Among our stories today...

• Kari Lake loses yet again. This time, it's the Arizona state Court of Appeals which has, again, rejected her claims that the 2022 gubernatorial election was stolen from her when she lost it by some 17,000 votes to Democrat Katie Hobbs.

• Unexplained mass texts, warning of voter intimidation, falsely suggesting they were sent by the Spartanburg County Elections Office during South Carolina's down-ballot primaries last week, should serve as a warning for this November's elections.

• U.S. officials from the Office of the Director of National Intelligence are reportedly sending their own warnings, privately, to candidates in the U.S. who, they say, are being targeted with disinformation campaigns by foreign adversaries, including Russia, China and Iran.

• And, in what should serve as yet another warning before November, a pro-Kremlin hacker group, said to be closely allied with Russia's intelligence services, reportedly took down the websites of a number of political parties and other institutions on the first day of voting in Europe's recent parliamentary elections.

• New York's highest court on Tuesday rejected an appeal by Donald Trump to lift the gag order barring him from attacking witnesses, jurors and the family members of prosecutors or the judge in the hush money/election interference case in which the disgraced former President was recently found guilty of 34 criminal felonies.

• And, speaking of, the Biden-Harris Campaign is finally using Trump's shameful court losses --- for both felony crimes and civil liabilities --- against him, in an aggressive television ad and mass emails to supporters taking him to task as a "convicted felon" as well as "a liar and a fraud". Of course, even now, Team Biden will have to overcome ridiculous reporting on the effort by the New York Times, whose headline yesterday (until it was changed) read "Biden Campaign Ad Paints Trump as a Felon". Um...."paints" him as a felon?! He is a felon!

• After telling us for months that President Biden is so mentally debilitated that "he can't string two sentences together," Donald Trump supporters like Sean Hannity at Fox "News" are now working overtime to try and lower expectations for him in advance of next week's first Presidential debate.

• Maryland's Democratic Governor Wes Moore on Monday pardoned about 175,000 convictions related to marijuana and paraphernalia possession over the years. The long-overdue pardons, following the state's full legalization of marijuana last year, will help tens of thousands of Black and Brown people who were disproportionately charged and convicted over the many decades of our failed, frequently racist "war on drugs". Moore's action follows President Biden's 2022 mass pardon of thousands charged under federal marijuana law and his request to state Governors to take similar action given that most cannabis related crimes were brought under state law.

• Finally, Desi Doyen joins us for our latest Green News Report with news on hundreds of millions in the U.S. now (or soon) facing record heat from the Midwest to the East Coast and an early wildfire season out West; Similarly oppressive heat has been bearing down from Greece to the Middle East; Calgary is facing a serious water crisis in Canada; France's nukes are being shut down by cheaper renewable energy sources like wind and solar; And a major rail company must cough up some $400 million for unlawful trespass against a native American tribe...

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Yup. They'll believe anything. As discussed on today's BradCast, the MAGA dupes even have a new, insane explanation for why President Biden "allowed" his own, supposedly "weaponized"-against-Republicans DoJ to bring felony charges against his own son. [Audio link to full show follows this summary.]

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

• The President's son, Hunter Biden, was found guilty by a federal jury in a Delaware courtroom on Tuesday, on charges that he had lied about his drug use on a federal background check form while purchasing a revolver in 2018, as he was overcoming his battle with drug addiction following the death of his brother. He never loaded the gun and owned it for just 11 days before his girlfriend thew it away. He was charged for something that nobody else has ever been charged with, unless they also committed an additional gun-related crime. Oddly enough, despite the "weaponization of the Justice Department" by Joe Biden to go after Trump and Republicans that we've heard so much about from Donald Trump and his MAGA minions, Hunter was found guilty on charges brought by a Trump-appointed federal prosecutor in a trial presided over by a Trump-appointed federal judge. President Biden said he "accepts" the jury verdict and does not plan to issue a pardon to his last living son.

• That news comes on the heels of yesterday's program, in which we heard from Donald Trump supporting listeners about why they still support him, even after his conviction on 34 felony counts in New York related to a hush money payment to help him successfully rig the 2016 Presidential election. If you heard the show, you know that the reasons those callers still support Trump is that they have been wildly disinformed about all manner of facts, including their belief that Biden and/or his DoJ orchestrated the NY state prosecution. Even Trump's own former defense attorney in the case has called the evidence-free claim "ridiculous". But the dupes believe it nonetheless, along with a whole bunch of other Republicans who buy that nonsense and many more evidence-free claims regarding the 2020 election, the 2021 insurrection and more.

• But, there is a bit of good news for Joe Biden and Democrats in recent polling following Trump's conviction in New York.

• There is also good news for all of us, in that some of the biggest rightwing disinformers, other than Donald Trump, are finally facing some real accountability. Last week, it was reported that rightwing radio/podcast propagandist Alex Jones was liquidating his businesses, including his InfoWars program, to begin paying off his $1.5 billion defamation liability to families of Sandy Hook victims after years of lying about the tragic 2012 mass shooting at a Connecticut elementary school as a "hoax."

• And, at the end of May, the rightwing radio outfit Salem Media Group, apologized and retracted the hoax documentary called 2000 Mules, made by convicted rightwing election fraudster Dinesh D'Souza and the long-disgraced rightwing fraudster group called True the Vote. The film details a wholly debunked, wild conspiracy about Democrats scheming to steal the 2020 election from Donald Trump through an insanely complex plot involving tens of thousands of fraudulent ballots deposited secretly into drop-boxes in battleground states. Salem pulled the film from distribution and apologies for it in response to a defamation suit filed by a man featured in the film via security camera footage and falsely described as committing election fraud. None of that, of course, will keep Trump and the MAGA dupes from continuing to cite the film as "evidence" of a stolen election --- even as it contains no actual, ya know, evidence of such any such scheme.

• On the other hand, we have more actual voter fraud documented as having been committed by Republican voters. This time, its an 85-year old GOP voter who was found guilty last month of double voting at two different houses he owned in both Massachusetts and New Hampshire during the 2016 election.

• Finally, Desi Doyen joins us for our latest Green News Report, with disturbing news on gains by far-right, anti-climate action political parties in the European Union's parliamentary elections over the weekend; dumb news on New York Governor Kathy Hochul's much-criticized halt to New York City congestion pricing; and good news on new vehicle mileage standards by the Biden Administration that will save consumers money and combat climate change...

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In the months leading up to the disgraced former President's recent felony convictions in New York, related to rigging the 2016 election in his favor, many Trump supporters told pollsters that they would reconsider their support for him if he was eventually convicted of a crime. As discussed on today's BradCast (and warned about on many programs prior), that was just another MAGA lie. [Audio link to full show follows this summary.]

But, first up today, some big news over the weekend and then again just about an hour before airtime today...

• On Sunday, Israeli centrist Benny Gantz quit Israel's war Cabinet citing far-right Prime Minister Benjamin Netanyahu placing his own "political survival" above the country's security interests. Gantz, the popular former chief of the Israel Defense Forces, had joined Netanyahu in a unity coalition after Hamas' October 7 attack on Israel. But more recently he vowed to leave if Netanyahu continued to refuse to formulate a plan for postwar Gaza. On Sunday, Gantz made good on that promise though, ironically, his move now makes Netanyahu more beholden to his far-right coalition partners.

• In related news, just before air today, the United Nations Security Council voted in favor of an Israel/Hamas peace proposal outlined and backed by President Biden. Russia abstained from the vote and the remaining 14 members of the Council all voted in favor of the resolution that seeks an immediate ceasefire, a return of all hostages and a permanent end to the eight-month war. Hamas welcomed the resolution. We will see if Netanyahu does the same. Don't hold your breath.

• And, over the weekend, far-right political parties across Europe --- particularly in France, Germany and Italy --- made significant gains in EU parliamentary elections. While the center right is still expected to hold, the vote in favor of anti-migrant, anti-climate action factions has seriously shaken up the Eurozone and led to French President Emmanuel Macron dissolving the French government and calling for snap elections. The far-right's parliamentary gains, according to some analysts, are tied to a failure of progressive voters to simply show up to vote. You have been warned.

• Finally, with convicted felon Donald Trump's sentencing in New York set for July 11, he was allowed to participate in a pre-sentencing probation interview remotely on Monday with his attorney present. (Both are privileges that no other convict enjoys) But, where many Republicans told pollsters before his conviction that they would rethink their support of the former President if he was found guilty of felonies, polling since the unanimous verdict finding him guilty of 34 counts of falsifying records as part of a hush-money scheme to rig the 2016 election, finds that many of those same Republicans are suddenly very much in favor of felonious criminals running for office. (See this and this and this and this, for more details.) Go figure. We take some calls today from listeners on that point, including several Trump supporters who try to explain why they are still supporting him even after his felony convictions. It was remarkably enlightening...at least for me...and will probably be absolutely maddening to you (as it also was for me)...

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On today's BradCast: FINALLY! Accountability for a criminal U.S. President. And, no matter what you've heard, there's nothing "sad" about it at all. [Audio link to full show follows below this summary.]

As noted at the top of show, after a week away for a holiday break, we had hoped to be at KPFK, our flagship station here in L.A., for today's show, to open the phones to listener calls on last week's big news. Alas, that will have to wait. Two (yes, two!) mostly mild, but otherwise kinda out-of-the-blue cases of COVID (both of them for Desi --- for now) over the past week, necessarily changed our plans at the last moment today. We explain all of that at the top of the show, along with the news out of Mexico where, on Sunday, Claudia Sheinbaum was elected as President. She will be the first female (and Jewish, and climate scientist!) elected President of the 200-year old nation.

With the popular leftist Sheinbaum's two opposing candidates conceding and congratulating her almost immediately after partial results of her landslide victory were announced, Mexico will enjoy a peaceful transfer of power later this year. Unfortunately, we can't predict the same here anymore. Not after our former President and current presumptive Republican nominee for 2024 tried to steal the 2020 election and, as confirmed by 12 citizen jurors last week in New York, successfully rigged the 2016 election by paying hush-money to a porn star.

As you may have heard, Donald J. Trump was convicted on 34 criminal felony counts late on Thursday following a six week trial and two days of jury deliberation. It was a first in American history and great news for those of us who actually believe in the Rule of Law and Accountability. (Ya know, as Republicans used to pretend to.) It was not a 'sad day for this country' as many on both the Right and, curiously, Left have described it. It is a day to celebrate. There is nothing sad about it. The verdict represents long overdue accountability for a criminal President. And not just long (and very) overdue for Trump himself, but long overdue for any American President, many of whom arguably should have faced similar consequences in years past. Perhaps now, current and future Presidents may think twice before breaking violating the law while in office or trying to win office.

While unable to be at the station to take calls from listeners today as hoped, we were able to call in two of our old friends --- award-winning columnist HEATHER DIGBY PARTON of Salon and Hullaballoo, and former attorney and lifelong Republican KEITH BARBER, who blogs on legal matters (as "KeithDB") at the progressive Daily Kos --- to join us for today's program. Both have been covering the trial closely, and both have been with us each week (for the most part) over the course of Trump's criminal trial in New York for our weekly "ketchup" shows, covering its goings on. And today, we've got a LOT to ketchup with!

Among the topics discussed related to the first-ever criminal felony conviction of a former (and perhaps future) U.S. President...

• Parton and Barber's initial takes on last week's somewhat surprisingly swift and unanimous jury verdict.
• The "sadness" (or lack thereof) of this historic moment.
• The ridiculously muted response from elected Democrats.
• The obscenely angry, disingenuous and lie-filled responses from brain-poisoned MAGA Republicans, elected and otherwise.
• GOP House Speaker Mike Johnson's claim that his personal friends on the U.S. Supreme Court must now to step in to vacate this criminal conviction under state laws.
• House Republicans call for Congressional subpoenas for Manhattan District Attorney Alvin Bragg (who never ran on indicting Trump, as he and his supporters have been falsely claiming) and the daughter of presiding judge, Justice Juan Merchan (even as the case remains ongoing, before sentencing and months of appeals.)
• And, finally, some thoughts on the trial underway as of today in Delaware against President Biden's son Hunter Biden on gun charges brought against him by a Trump-appointed Special Counsel, before a Trump-appointed federal judge, on a charge that has apparently never been brought against any other defendant in the nation without another charge related to something like felony misuse of the weapon along with it. (He owned the revolver in question for 11 days and reportedly never even loaded it before it was thrown away.) Not sure why Republicans are furiously opposing that trial. Go figure.

And, of course, much more...

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How many times did the disgraced, twice-impeached, four-time criminally indicted former President tell us he would "absolutely" be taking the oath to testify in his own defense at his 2016 election interference trial in New York? More times than we can count. Each time was a lie, as discussed among other matters on today's BradCast, as closing arguments are set to begin next week, before jury deliberations in the first-ever criminal trial of a U.S. President. [Audio link to full show follows this summary.]

Before we get to today's "ketchup" konversation on Trump's first criminal trial, we touch on a few noteworthy results out of primary and special elections in Georgia, Kentucky, Oregon and California on Tuesday, along with problem reports for voters and tabulation out of Georgia, Kentucky and, from last week's primaries, in both Baltimore and Prince George's County, Maryland.

Then, we're joined once again by award-winning columnist HEATHER DIGBY PARTON, of Salon and Hullaballoo, and former attorney and lifelong Republican KEITH BARBER, who now regularly blogs on legal matters as "KeithDB" at the progressive Daily Kos.

On Tuesday, the Defense rested in Donald J. Trump's criminal trial in New York on 34 felony counts related to a hush-money payment made to porn star Stormy Daniels in the weeks before the 2016 election, in a successful effort to help him cheat to win it. The trial has focused on the subsequent, allegedly falsified reimbursements made by Trump during his first year in the White House to his then lawyer/fixer Michael Cohen to cover it all up.

Last week, Cohen finished his testimony as the final witness for the Prosecution. This week, Robert Costello, a cartoonishly thuggish lawyer buddy of both Trump and Rudy Giuliani, took the stand as one of just two witnesses called by the Defense. After a turn last week before the GOP's U.S. House "Weaponization of Justice" Committee, Costello would be the final witness for the Defense, in what turned out to be a wildly failed effort to try and discredit Cohen.

We catch up on all of that today, as we discuss, among other things...

• Justice Juan Merchan's upbraiding of Costello during his obnoxious testimony as the Defense's star witness, turning what might have been a mild win for Trump following cross-examination last week of Cohen, into what both Parton and Barber characterize as a disaster for the Defense. According to Parton, "It was really stupid of them to call him, knowing that the prosecution already knew what he had to say...He was bombastic, he was rude. ... Costello looked like a hired gun."

• To the surprise of absolutely no one, Trump failed to take the witness stand in his own defense after all, following months of promising to do so. It may have been the only smart thing he has done to help his case during the entire trial. As Parton notes, "Trump saw him as a good stand-in for himself," as he was almost certainly testifying at the instance of Trump and against advice of counsel. It went at least as poorly for Costello as it would have gone for the former President turned current Defendant, had he taken the stand.

• Barber details what he sees as "the missing link" in the Prosecution's case and "the biggest weakness" in the Defense's cases; how the jury is likely to view Trump's lack of testifying in his own defense ("The jury will be strongly admonished by the judge to not consider Donald Trump's failure to testify"); and what exactly they will be charged with deciding when they are finally instructed by the judge --- likely beginning next week --- to begin deliberations.

• Parton discusses her biggest concerns about the case, and how the mainstream corporate media has failed, yet again, in its responsibility of accurately reporting on the threat to the nation represented by Trump. Barber casts more blame on his old party, the Republicans.

• And, in a related matter today, we turn to the federal criminal indictment against Trump down in Florida for stealing highly classified national security documents and refusing to return them to the Government. On Wednesday, earlier court documents related to the eventual search warrant executed at Mar-a-Lago, were unsealed, leading Trump to lie about the FBI being "locked and loaded" in an attempt to "assassinate" him during the search...when Trump was in an entirely different state.

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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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It has been the most important week in the New York criminal trial of Donald J. Trump, as the last witness for the prosecution, Trump's former attorney and fixer Michael Cohen took the stand. The court is off today, so we have time on today's BradCast to catch our breath for yet another Trump Trial "ketchup" show for you. [Audio link to full show follows this summary.]

BUT FIRST, we've got a few noteworthy results from Tuesday's primary elections in Nebraska, Maryland and West Virginia, where, once again --- other than in WV --- Joe Biden outperformed Donald Trump among their respective party voters. Yes, the zombie campaign of Nikki Haley keeps on going. The former South Carolina Governor, who dropped out of the race months ago at this point, won 20% of the GOP vote in MD, while she and one other GOP candidate (that few have heard of) won about the same percentage among Republicans in Nebraska. In both states, Biden outpaced Trump among his own party's primary voters. FWIW.

On Wednesday, Biden threw down the gauntlet to challenge Trump to two early debates hosted by media outlets --- in a studio, without an audience --- rather than by the non-partisan Committee on Presidential Debates. The Biden-Harris Campaign explained their several reasons for pre-empting the CPD in a letter. They are mostly good ones. Among them, the fact that the group has failed to update its schedule for debates to hold them before tens of millions of Americans have already cast their ballots this year via early and absentee voting.

Trump quickly accepted the challenge, and within hours the pair had agreed to allow CNN host the first debate in Atlanta on June 27, and ABC to host the second on September 10.

THEN, it's on to today's coverage of noteworthy news from the 5th week of the first-ever criminal trial of a former American President. We're joined again today for insight and commentary by HEATHER DIGBY PARTON, award-winning Salon columnist and Hullaballoo blogger, and former attorney and former Republican KEITH BARBER, who now blogs on legal matters as "KeithDB" at the progressive Daily Kos.

Among our many topics of discussion today...

• Parton discusses the embarrassing parade of elected Republican deplorables now showing up at the courthouse in Manhattan --- mostly in red ties and navy suits --- to display their love for the boss, audition to become his Vice Presidential nominee, and/or say the things that the Court has barred Trump from saying via a gag order. Among the "toadies [who] came a-croaking," as Barber quips: Senators JD Vance (OH) and Tommy Tuberville (AL), Rep. Byron Donalds (FL), Gov. Doug Burgham (ND), Vivek Ramaswamy, and, perhaps most shamefully from the former "Rule of Law" party, House Speaker Mike Johnson (LA). "These people are playing to Donald Trump," explains Parton, along with the warning that many of them are "the Michael Cohens the future."

• This week's critical testimony of Michael Cohen --- who Parton describes as a "diminished, humiliated man sitting on the witness stand having to admit, over and over again, that he was a liar, a fool, a dupe, he got sent to jail, all in service to Donald Trump" --- and the "smoking gun" bank statement featuring proof of Cohen's $130,000 hush-money payment to porn storm Stormy Daniels. That document, we have now learned, also features Cohen's own hand-writing and that of former (now jailed for perjury) Trump Organization CFO Allen Weisselberg. Their marginalia details how the falsified reimbursements to Cohen, fraudulently described in the Trump Org's books as "legal retainer" fees, would be made in $35,000 monthly payments by Trump during his first year in the White House. But, as importantly, Cohen testified that Trump personally approved the fraudulent reimbursement scheme during a meeting at Trump Tower with both Cohen and Weisselberg present after Trump's hush-money scheme helped him to win the 2016 election.

• Barber describes what he saw as a surprisingly limp start to cross-examination of Cohen by Trump's lead attorney, Todd Blanche, on Tuesday and how, frankly, Team Trump doesn't seem to have much to work with after the Prosecution spent much of their direct examination "inoculating the jury" to Cohen's many years of lying on behalf of Trump before he came clean and pleaded guilty to many of the crimes Trump is now being held to account for. Trump's attorneys have presented no alternative theory in the case, says Barber. Which also means they are unlikely to offer much, if any, defense case at all after the Prosecution rests. On Tuesday, they informed the judge that Cohen will be their final witness. Team Trump, meanwhile, is still pretending that Trump might actually testify. (He won't.)

Cohen's cross-examination of continues and likely completes on Thursday, and then the court will be off on Friday to allow Trump to go to his son Baron's high-school graduation (if the disgraced former President actually bothers to show up for it.) But it's been a fascinating and critical week of testimony so far, including Cohen's explanation of how he spent years "knee-deep in the cult of Donald Trump".

"Cult of Donald Trump"? What "cult of Donald Trump"?...

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We've got a whole lotta Trump accountability news (and some for one high-ranking Democrat as well) since we last spoke to you on The BradCast last week. We'll get you up to speed on all of that today, but not before getting caught up on a crazy recount situation out here in the Golden State which I hope does not serve as a precursor to election challenges this Fall. [Audio link to full show follows this summary.]

The March 5th Super Tuesday primary elections here in California ended in an exact tie in the race to fill the Northern California U.S. House seat being vacated by long-serving, now-retiring Democratic Rep. Anna Eshoo in the state's 16th Congressional District.

The exact tie --- with 30,249 votes for each candidate --- was not for first place, but for second place. Since 2010, California has used a Top-Two primary system where all candidates in a race, from any and all parties, run in the same primary. The top two vote getters --- regardless of party --- then move on to the general election in November.

In the CA-16 race, with 11 candidates running in March, former San Jose Mayor Sam Liccardo won with a fairly comfortable 5 point margin. In second place, however, Santa Clara County Supervisor Joe Simitian and state Assemblymember Evan Low were tied according to the certified results in early April.

Under CA law, that meant all three --- all Democrats in the very left-leaning Bay Area district --- would advance to the general, for the first time in CA's Top-Two primary history. That left all three men seemingly happy enough. Liccardo, in first place, would have his competition split between two competitors and Simitian and Low would each go to the general election. Neither dared asked for a recount, because a single change of even one vote would knock one of the second-place finishers out.

CA law doesn't allow for an automatic, state-funded recount in such closes races (as dozens of other states do). But it does allow any voter to request a recount in any race they like, so long as they are willing to pay for it. If the final recounted results cause a change to the certified results of the election, the requester is supposed to be refunded. At least, in theory.

A guy by the name of Jonathan Padilla sought a recount in the race. He filed on behalf of Low, because you have to file on behalf of one of the candidates, even though Low says he had nothing to do with the request. Padilla, it seems, had worked for first-place finisher Liccardo during his 2014 run for Mayor in San Jose, though not lately. And while Liccardo says he knows nothing about Padilla's effort here, and nobody seems to know who actually funded the recount, it was carried out over several weeks recently in both San Mateo and Santa Clara Counties, which the 16th CD splits across.

Padilla was initially told that the recount would cost about $320,000 in Santa Clara alone. It would cost another $84,000 to recount in San Mateo, astronomically high numbers in a state which still allows County Registrars to charge pretty much anything they like. Those charges vary wildly from county to county (as we have detailed multiple times over the years) and all votes cast in a race must be re-tallied in order for results to be official recertified.

The costs to Padilla were then largely cut in half once he agreed to a recount by the same computer scanners that tallied the ballots in the initial count, rather than by a manual hand-count wherein results can be known to be accurate.

In any event, please tune in to find out who won the recount (by just 5 votes total!) and why it is that the CA Sec. of State now says Padilla is not due a refund after all, even though the results of the recount changed the results of the election to send just two candidates, instead of three, to this year's general.

We're joined today by DR. JOHN MAA, a San Francisco-based surgeon who was the first voter ever in California to seek and fund a statewide recount of a ballot initiative way back in 2010. He has become a bit of an expert in CA recounts since then, and advised both Low and Simitian during the recent 16th District recount.

Maa explains a number of vulnerabilities in CA's antiquated recount laws that were once again exposed by this latest recount, from seemingly arbitrary costs to requesters in each CA county (making recounts unaffordable to all but the weathiest of voters or candidates), to the concerns about retallying votes by the same computer scanners that tallied them in the first place, to the absurd ruling by the SoS that Padilla should not be refunded for the entire thing.

"Ultimately, I believe that the requester is a hero for Election Integrity," Maa tells me about Padilla. "And they bore the cost of what I believe that the Registrar's office should have done, because their certification of a tie was actually in error."

Tune in for much more.

THEN, in the second half of today's program, we get caught up on a whole bunch of legal woes for Donald Trump and several of his top supporters, as well as accountability for New Jersey's sitting Democratic U.S. Senator Bob Menendez, who is accused, along with his wife, of bribery and corruption to the tune of hundreds of thousands of dollars. His criminal trial began jury selection in Manhattan today.

As to the Trumpers, 2016 Campaign Manager and top Trump White House Advisor Steve Bannon's appeal was rejected late last week in the two Contempt of Congress charges he was found guilty of, resulting in a four-month sentence for defying subpoenas from the Congressional Committee investigating the Trump-incited January 6th insurrection. Bannon has a few more appeal options left before he, like White House trade advisor Pete Navarro (already serving four months for the same crime) is sent off to a federal penal facility.

Trump's disgraced 2020 attorney and former NYC Mayor Rudy Giuliani --- who is also facing criminal charges in Arizona and Georgia, a bunch of civil lawsuits and has already been found liable for $148 million for repeatedly defaming two Atlanta poll workers in 2020 --- was fired from his daily radio show gig at WABC in New York. Apparently, the billionaire Republican owner of the station let him go because Rudy refused to stop lying about the results of the 2020 election on air. Sad!

And, also in New York on Monday, Trump's former personal lawyer and "fixer" Michael Cohen finally took the stand to offer pivotal testimony in the disgraced former President's first criminal trial on 34 felony counts related to the falsification of business records meant to hide his White House repayments to Cohen for hush-money given to porn star Stormy Daniels to help him win the 2016 election.

Oh, and a few callers ring in today as well, in another very busy BradCast to kick off the week!...

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