On today's BradCast, we take up the President's charge to stand "in defense of democracy". [Audio link to full show follows below this summary.]

Among our coverage today...

• During President Biden's solemn, somber and historic prime time Oval Office address to the nation on Wednesday evening (transcript here), to explain his Sunday decision to drop out of the 2024 Presidential race and endorse Vice President Kamala Harris for the top of the ticket, he focused in no small part on the need to defend democracy against wannabe "kings and dictators," while he charged that "the cause of American democracy itself" is now at stake. "We must unite to protect it," he implored. We discuss and continue to join that fight.

• Meanwhile, as the U.S. House on Wednesday voted 417 to 0 to create a special task force to probe what happened during the July 13 assassination attempt on Donald Trump in Pennsylvania, FBI Director Christopher Wray testified on Wednesday that, in fact, nearly two weeks since the shooting, we have no idea "whether or not it's a bullet or shrapnel" that wounded Trump's ear. In fact, to date, no medical expert or law enforcement official has ever offered an official public accounting of what actually happened to the former President that day, even as mainstream corporate media have simply taken the social media claim by Trump, an inveterate liar, that a "bullet...pierced the upper part of my right ear" as fact. Ever since, Trump has exploited the event to claim at his convention, in rally speeches and on social media, that he "took a bullet for democracy."

  As we detail today, however, all available evidence suggests that is simply a lie. The man who, himself, has become the greatest threat to American democracy in modern history is now using the near miss for stolen valor to pretend to be a defender of democracy.

  As Ernie Canning explains at The BRAD BLOG this week, whether Trump "took a bullet" or not, it was not "for democracy," as investigators have reportedly found no evidence to suggest the shooting was politically motivated. And, as TPM's Josh Marshall has been reporting for some time, evidence suggests it was more likely some sort of flying shrapnel that grazed Trump's ear, along with causing similar minor injuries to several local cops who were near the stage that day. In any event, the media's failure to even ask the Trump Campaign about these details --- as one rally goer was actually killed and two others critically wounded that day --- for apparent fear of angering the former President, is "bizarre" and "a total journalistic failure" to the American people and to history. It also, as we note, underscores tyranny expert and author Timothy Snyder's repeated warnings about giving up power to would-be autocrats by "obeying in advance." Much more on all of this on today's show.

• We've got more details today on the DNC's plan to begin a virtual roll-call vote on August 1st next week --- well in advance of their August 19 convention in Chicago --- in order to finalize the party's Presidential and Vice-Presidential nominees no later than August 7th. Why are they doing this? No, it's not to ensure there are no challengers to presumptive nominee Kamala Harris. Rather, it is thanks to a story we've been covering since the beginning of the year about the failure by Republican state lawmakers to change the statutory deadline for submitting certified party nominees for the Buckeye State ballot by August 7th, as they've done for many years, as needed, when Republicans hold their national conventions late in the summer. Yes, state lawmakers, in a late special session, finally changed the statutory deadline. But the new law doesn't take effect until September 1, opening opening up Democrats to a potential legal challenge by Republicans as to whether their nominee can lawfully be on the state's ballot at all this November. Tune in for more details.

• More news "in defense of democracy" out of Ohio this week. A ballot measure for a state constitutional amendment that would create an independent redistricting committee has qualified for the November ballot! If adopted by voters, it could end the state GOP's wildly gerrymandered Congressional and state legislative maps for 2026. Otherwise, Republican Buckeye State politicians will continue to be allowed to choose their own voters, rather than vice versa, until at least 2030.

• And still more good news "in defense of democracy" from the Buckeye State today! A federal judge has struck down part of a sweeping election reform package adopted by Ohio Republicans last year that makes it a felony for disabled voters to allow caregivers, roommates, in-laws or even grandchildren to help them cast their absentee ballot by mail or drop box. The voter suppression law threatened to charge anyone but immediate family members (which apparently doesn't include grandchildren!) with felonies for helping those voters in need to cast their ballot. That, as the CDC finds that people with disabilities make up more than a quarter of the U.S. adult population.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on explosive wildfires in the U.S. and Canadian west; the two hottest days ever recorded on Planet Earth (this past Sunday and Monday); and a focus on the Republicans' shocking Project 2025 plans to gut federal science agencies --- such as the EPA and National Weather Service --- along with climate science and many if not most environmental protections and climate change initiatives...

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We are still hanging on for dear life here at The BradCast amid the past four weeks of non-stop political upheavals. But, at least this week, we've got some much more encouraging stuff to hang on to. For now. [Audio link to full show is posted below this summary.]

It remains to be seen how fleeing it all is, but over the past several days, I must say, I have never seen Democrats more united and elated as they have been since Kamala Harris ascended to become their presumptive 2024 Presidential nominee. One has to go back to the nomination of Barack Obama in 2008 for anything even close to the kind of giddy excitement and optimism we've seen since Joe Biden decided to drop out and pass the torch to Harris on Sunday. But, even back in 2008, the party was still smarting and somewhat riven over the outcome of a long and bruising primary cycle between Obama and Hilary Clinton (who wrote a very good op-ed about all of this in the Times yesterday, btw.)

The first polls taken solely after Biden's announcement and endorsement on Sunday are now beginning to trickle out, with a new Reuters/Ipsos survey taken on Monday and Tuesday this week finding Harris now up over Donald Trump nationally by 2 points. That may be a small lead, but it's a 4-point swing as compared to Trump's 2-point lead over Biden last week. Moreover, when RFK, Jr. was included in the question to respondents, Harris' lead grew to 4 points over Trump in the first polling from this outfit that has seen the former President actually losing to a Democrat since May of this year.

Furthermore, as one of our guests notes today, in the week following a party's national convention, we traditionally see a bounce for that party of anywhere from 2 to 4 points. In this one poll, at least, there is not only no bounce, but a loss of support for the GOP candidate following last week's Republican National Convention.

Of course, be sure to mind all of the usual caveats about such polls --- only one poll, margin of error, snapshot in time, national versus state numbers, etc. Nonetheless, the numbers would seem to be encouraging news for Dems after many weeks of the opposite.

To that end, we've got a lot to make sense of from the past several remarkable days, and we're joined by two old friends to help us do so. Our steadfast HEATHER DIGBY PARTON of Salon and Hullabaloo is here once again, along with JOHN AMATO, creator of the notorious Crooks & Liars blog, for the first time in a while.

Among our many topics of discussion, debate and tomfoolery today...

• Thoughts on the extraordinary decision by and presidency of Joe Biden, including whether his decision to get out came too late or just at the right time.
• Republicans, Fox "News" and even a number of theoretically legitimate news outlets have been telling us that there is something undemocratic about what has just happened in the Democratic Party. Are they right?
• Thoughts on Harris and her rise to meet this historic moment.
• Thoughts on the ugly, racist, barely concealed dog-whistle attacks against her already emerging from the right.
• The hilarious "fraud" argument now coming from Trump and his campaign on Harris' ascension to the top of the Democratic ticket, and their astonishingly flat-footed response, so far.
• Thoughts on whether we should expect the same protests from the left that had dogged President Biden regarding his position on Israel to similarly affect the Harris Campaign.
• Some advice for those who may be experiencing a bit of PTSD following the last time Democrats nominated a woman to run for President against Trump.
• Veep Stakes on the Right!: Is Trump regretting his selection of J.D. Vance as his Vice-Presidential running mate this week? Is Vance regretting accepting the job? Is it possible he'll soon be tossed from the GOP ticket?
• Veep Stakes on the Left!: Who would our guests like to see Harris select as her own running mate? And who do they expect she will choose?

All of that and much, much more on today's lively round-table BradCast!...

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Following the tumultuous events of the last several days (and weeks) today seemed a good moment on The BradCast to check in on how the MAGA side of the aisle is processing everything that is going on. [Audio link to full show follows below.]

BUT FIRST, some quick news items, including the "roaring crowd" which greeted newly presumptive Democratic Presidential nominee Kamala Harris in Wisconsin, during her first rally following President Biden's decisions on Sunday to leave the race and toss his support to Harris. Tuesday's rally comes on the same day that Democratic Senate Majority Leader Chuck Schumer and House Minority Hakeem Jeffries joined a rapidly growing list of elected Democrats and pledged DNC delegates coalescing behind the Vice President's candidacy. It also follows on the all-time record shattering $100 million in donations that have flooded into her campaign coffers over the 24 hours following Biden's announcement and the nearly 60,000 voters since Sunday who have reportedly joined the campaign as volunteers.

Speaking to a huge crowd in Milwaukee on Tuesday, Harris --- a former California District Attorney and Attorney General --- described the choice this November as one between "freedom and chaos", as she laid out how she plans to prosecute her case against the 79-year old 34-time convicted felon, adjudicated rapist and fraudster, Donald Trump. We share a few sound bites from her rally today.

In other news today, Biden announced that he will address the nation from the Oval Office at 8pm ET on Wednesday explaining his decisions; Secret Service Director Kimberly Cheatle announced her resignation following the security lapse that led to the assassination attempt against Trump in Butler, Pennsylvania on July 13; And Democratic Sen. Bob Menendez of New Jersey finally announced he would be resigning next month following his conviction on 16 felony bribery and corruption charges. Fellow Democrats had been calling for Menendez' resignation for months, while Republicans, ironically, did not, since, after all, they are now supporting a man who has 34 felony convictions as their party's Presidential nominee!

IN THE MEANTIME, Republicans are having a difficult time figuring out their plan of attack against Harris after spending years assuming they'd be running against Biden. So, how are Trump's MAGA supporters responding to all of this?

We're joined today by former, dyed-in-the-wool MAGA member, RICH LOGIS who, after voting for Trump in 2016 and 2020 finally came to realize that he had been played for a chump as he had become little more than a member of a cult lead by the former President. Though it took some time to come to terms with it (as we've discussed with Logis on previous shows), he has courageously renounced his MAGA past, and has become the Founder and Executive Director of the non-profit called LeavingMAGA.org. It's mission statement: "Empower others to leave MAGA and tell their stories. Foster reconciliation with their friends and family. Develop movement leaders to help others leave."

As a former "MAGA American", Logis is also becoming our MAGA Whisperer. I wanted to touch base with him to find out how Trump supporters are processing the whirlwind of recent news, from the assassination attempt, to the naming of J.D. Vance as Trump's Vice-Presidential running mate, to the latest stunning turn of events with Biden dropping out and Harris taking over the ticket.

We've got a lot to discuss on all of those points, as well as on his continuing mission to offer a safe space for folks trying to extricate themselves from Trump's cult, and how he sees things playing out for MAGA World in the days ahead, based on whether Trump wins or loses this November.

"The assassination attempt, a lot of the rhetoric we're seeing now with Vice President Harris as the likely nominee, what it does is it really embodies that MAGA Americans view Mr. Trump as really the last stand," Logis tells me, after I share a clip from an Ohio state Senator who, yesterday at a Vance rally, asserted that "civil war" would break out if Trump loses. "And if he is not victorious," Logis continues, "if MAGA is not victorious, then it will mean that liberal democracy has taken over, and all of those in the MAGA community are going to lose their country." He admits, "it is what I believed."

Logis argues now, however, that "we need to move on from Mr. Trump, and the way that that will happen is that he and the Republican Party, ideally, are not just defeated but historically repudiated." In fact, he believes "the Republican Party is going to be historically renounced and repudiated in November. I think the Republican Party knows that."

We'll see if he's right. But we've got a lot to discuss along all of those lines with Logis today, including the years-long "grooming" of MAGA Americans by Trump, the rightwing media and cynical, opportunistic Republican politicians.

AND FINALLY today, some disturbing news out of Ethiopia, where heavy rain resulted in a pair of mudslides that have killed at least 229 people, including children, pregnant women and rescuers who had been searching for survivors from a previous landslide when the second one happened. That is followed up by our latest Green News Report with Desi Doyen, detailing the extraordinary climate legacy of Joe Biden, and the climate action records (or lack thereof) of both Kamala Harris and Donald Trump...

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Like it or not, we live in historic times. Personally, I could live with a bit less history making news damned near every day now. But this is what we got and so this is where we go, yet again, on today's BradCast. [Audio link to full show follows below this summary.]

As you may have heard, on Sunday, Joe Biden announced he was dropping out of the 2024 Presidential race against convicted criminal and now official GOP nominee Donald Trump, who accepted his party's nod in an unprecedentedly long (and boring, and falsehood-filled) acceptance speech last week in Milwaukee.

About thirty minutes after his announcement that he would be passing the torch on Sunday, Biden (apparently taking our advice from about a month ago) immediately endorsed his Vice President, Kamala Harris, for the top of the Democratic ticket.

Since then, praise for Biden from top elected Democrats and world leaders has been pouring in, along with endorsements for Harris, who will have to win the nomination among delegates at the Democratic National Convention next month in Chicago. AP reports, however, that more than half of the pledged Democratic delegates needed to clinch the nomination have already indicated they will support Harris, as have all 50 state Democratic Party chairs.

In addition to endorsements, financial support has also been flooding in from the public since Biden's announcement on Sunday, with Democrats reportedly raising a record-breaking $81 million in small donations over the past 24 hours.

So, how do some of our listeners --- many of whom were adamant just two weeks ago that Biden should stay in the race --- feel about the President's decisions on Sunday to both drop out of the running and endorse Harris? And who might they like to see as her Vice-Presidential running-mate if she is able to secure the nomination next month in Chicago?

We open the phone lines to listeners today on all of that and many other interesting points amid yet another historic and unprecedented moment in American politics. So, how many will this week bring? Don't ask...

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I've got to post today's BradCast quickly a) before convicted felon Donald Trump speaks at tonight's RNC and b) before more political shoes (and/or earthquakes) drop. So, here's the quick skinny. [Audio link to full show follows this summary.]

Among our coverage today...

• Donald Trump critic-turned-toady J.D. Vance of Ohio, officially accepted the GOP's nomination for Vice President during his remarks at the Republican National Convention on Wednesday night. His speech was long on hillbilly biography but very short (virtually bereft) of the horrifying policies that Vance actually supports. Helpfully today, we correct his oversight with actual facts and policy proposals from the ambitious Yale-educated Senator, including his push for a nationwide abortion ban with no exceptions; ending no-fault divorce; slashing Social Security and Medicare; embracing Project 2025, turning over Ukraine to Russia and much more!

• While leaving out his radical policy positions, Vance also dropped a few big lies about a number of things during Wednesday speech. When it comes to his lies about all-time record, world-leading energy production under Joe Biden, our own Desi Doyen has a few thoughts and a corrective that J.D. and his convicted conman running mate would prefer you didn't listen to.

• Self-proclaimed "Liberal Redneck" comedian Trae Crowder, who hung out with the GOP's new Veep nominee back in the days when Vance regarded Trump as "America's Hitler", also has a few insights on him today.

• What explains the complete lack of pressing by corporate media for any kind of official medical statement on the injury suffered by Donald Trump during last Saturday's assassination attempt?

• The Chief U.S. District Court Judge in Nevada tossed out a suit on Wednesday brought by the Trump Campaign, the RNC and the Nevada GOP seeking to block the counting of potentially tens of thousands of perfectly legal mail ballots in the battleground state, cast and timely post-marked by Election Day, but arriving up to four days after, as allowed by NV state law.

• With President Biden now battling COVID again, top Democrats, including former President Barack Obama, House Speaker Emerita Nancy Pelosi, Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries have all reportedly been pressing the President, in various ways, to reconsider his insistence on staying in the race for reelection. If there is to be a change at the top of the ticket, it is believed likely to come (and would need to come) within days. Perhaps as soon as this weekend.

• In the meantime, President Biden has been continuing to present new, popular policies --- as all Democrats should be joining him in doing at this point. This week, for example, Biden is reportedly planning to issue a long-overdue proposal for SCOTUS reform to include term limits and an enforceable code of ethics for Supreme Court Justices. He will also be proposing a Constitutional amendment to counter the Court's recent corrupt ruling granting criminal immunity to Presidents. Also this week, Biden has called for a national rent control statute that would cap rent increases at 5% annually unless landlords choose to forego federal tax write-offs. These are the sort of things that Dems should be doing right now, rather than squabbling amongst themselves. (Not that anyone asked me.)

• Finally, Desi Doyen joins us for our latest Green News Report, as Toronto is crippled by extreme storms and flooding; the cost of extreme heat is quickly escalating in the U.S.; and as Marathon Oil agrees to pay a record fine for pollution under the Clean Air Act...

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Welp, we've just been through about three political weeks in this country unlike any other, at least in my lifetime, as briefly summarized at the top of today's BradCast. And, before I'm even able to get today's show posted, that summary is already out of date, with the breaking news just after airtime that President Biden has COVID again. Good lord. [Audio link to full show follows this summary.]

Other than that, to help me "hold on for dear life" amid the political whirlwind, I brought back our friends and fellow old school bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of The Pro Left Podcast to try and help us make sense of everything that continues to unspool this week. Among those things...

• The weekend's assassination attempt of Donald Trump by a registered Republican and how all of that has (or hasn't) affected the current state of the Presidential race.
• The temporarily-undergrounded and now-reemerging battle among elected Democrats as to whether Joe Biden should or shouldn't be replaced on the Presidential ticket.
• The "sign of weakness" in naming of Ohio Sen. J.D. Vance as the GOP's Vice-Presidential pick and what Trump hopes to gain from selecting a former critic-turned-toady who opposes support for our democratic allies in Ukraine and seeks a nationwide abortion ban (even in cases of rape or incest) as his running mate.
• Other noteworthy observations from the Republican Party's "unity" convention, including the curious and controversial anti-corporate elite/pro-union speech delivered at the RNC by Teamsters President Sean O'Brien, why Republicans refuse to learn how to pronounce Kamala Harris' first name after more than 3 years in office, and the media's terrible job in covering the entire affair. (Especially MSNBC in this case!)

All of that and too much more on today's BradCast! Enjoy!...

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On today's BradCast: Boy, if Joe Biden's "weaponization" of the Justice Department against Trump and Republicans keeps going like this, there won't be any Democrats left who haven't been convicted of a crime! Too bad old Joe didn't realize he should have just packed the courts with corrupt judges, like Donald Trump did. [Audio link to full show follows this summary.]

First up today --- after a kick-off by TikTok's @DanasInspired; a few thoughts on Trump's appearance at the RNC on Monday night after the weekend's failed assassination attempt and his naming of Ohio's Sen. J.D. Vance as his running mate --- we start with news about today's conviction, on all counts, of New Jersey's Democratic Sen. Bob Menendez. The three-term U.S. Senator and former chair of the Senate Foreign Relations Committee was found guilty by a jury on Tuesday after a nine-week criminal trial on charges related to abusing his office to protect foreign associates from criminal investigations and to help funnel money to Egyptian officials. In exchange, prosecutors alleged, Menendez and his wife Nadine Menendez collected millions in gifts, cash and gold bars. She was charged as well, though her trial has been postponed for the time being as she undergoes cancer treatment.

Democratic Majority Leader Chuck Schumer and NJ's Democratic Governor Phil Murphy each called for Menendez to resign following the verdict. He had previously vowed to run for re-election as an independent this year, while Democratic Rep. Andy Kim has been nominated by state voters to run for his seat in November against Republican Curtis Bashaw in the Dem-leaning state.

But Menendez' corruption doesn't hold a candle to Donald Trump's, thanks in no small part to the corrupt jurists Trump appointed to lifetime positions on the federal bench while in office, many of whom are now returning the favor at an alarming rate in recent weeks. On Monday, it was U.S. District Judge Aileen Cannon's turn, apparently, to use her position to let Trump off the hook. In this case, dismissing his 40-count federal criminal indictment brought by Special Counsel Jack Smith in South Florida for Trump's theft of thousands of pages of highly classified national security documents upon leaving office; his repeated refusal to return them to the government; and his attempts to hide them from prosecutors and enlist Mar-a-Lago employees to help cover up and/or destroy evidence of the crimes.

In a remarkable 93-page ruling [PDF] issued on Monday, Cannon dismissed the entire federal case against Trump and his co-defendants on the basis that Smith's appointment as Special Counsel was somehow in violation of the Constitution and federal statutes. The argument made by Trump's attorneys and accepted by Cannon --- who had already been slow-walking the case for months --- was similar to those repeatedly rejected for decades by judge after judge, including appellate courts and, as our guest details today, unanimously by the U.S. Supreme Court in Nixon v. U.S. But Cannon, appointed by Trump at the end of his term and seated after he lost the 2020 election, appears to know more about the law than all of those other lesser judges.

We're joined today by former lifelong Republican and attorney KEITH BARBER, who writes on the law and Constitution for Daily Kos as "KeithDB", where he detailed Cannon's ruling yesterday. He explains why both the text of the Constitution and several federal laws written to allow Attorneys General to appoint Special Counsels in cases where it is important to avoid the appearance of a conflict of interest, prove Cannon's ruling wrong. But, as he argues today, being right on the law doesn't actually matter. "She just wanted to dismiss the case because her buddy Trump appointed her [and] gave her that job. It's time to return the favor, and so she has," he says.

Barber published a second article yesterday listing more than half a dozen Special Counsels and Special Prosecutors appointed similarly to Smith, from Archibald Cox and Leon Jaworski in the Watergate matter to Ken Starr during the Clinton Administration to Robert Mueller's probe of Russian interference on Trump's behalf in the 2016 election to the recent probe of President Biden himself by Special Counsel Robert Hur.

"A lot of people have gone to jail as a result of special counsels appointed by the Attorney General" over the years, Barber tells me. "None of them got the benefit of a rogue judge saying, 'Nope, all of that is not valid.' The Republicans and the MAGAs like to talk about this notion of two-tiered justice and how unfair it's been to Trump. No court accepted the notion that Special Counsels weren't authorized by statute and weren't something Attorneys Generals could do until it came to Trump. That is what two-tiered justice looks like."

If Cannon's ruling on Monday is correct, Barber asserts, then as part of the Mueller probe, former Trump attorney Michael Cohen's three-year prison sentence would have been unconstitutional and Trump associate and convicted pedophile George Nader would need to be freed immediately from his ten-year prison sentence, among other cases convictions that would need to immediately be revisited.

Will this ruling hold up to appellate scrutiny by the conservative 11th Circuit Court of Appeal, much less Trump's corrupted, packed, stolen and activist U.S. Supreme Court majority? We discuss that and much more.

Finally today, Desi Doyen joins us for our latest Green News Report, as the misery and power outages continue in Houston, Texas following Hurricane Beryl, thanks in no small part to state Republicans refusal to harden infrastructure for a climate changed world, and as Trump appoints flip-flopping climate science denier J.D. Vance as his Vice-Presidential running mate...

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Well, it's been several slow news days since we last spoke on The BradCast. Sigh... [Audio link to full show follows this summary.]

On Saturday, a 20-year old registered Republican tried to kill Donald Trump during a campaign rally in Butler, Pennsylvania with the type of long-range, high-capacity, semi-automatic rifle that Republicans have spent years fighting to ensure are easily available to almost anyone in the country who wants one. Their only use is for mass shootings. Now we've had one at a Republican political rally. Thankfully, the shooter, Thomas Matthew Crooks, barely missed the former President. Though he did kill one rally goer and critically injured two others.

Democrats, from President Biden on down, have since been calling for a cooling of political rhetoric, the type of which led to the assassination attempt on Nancy Pelosi's husband, the attempted kidnapping and murder of Michigan's Democratic Governor Gretchen Whitmer, and the attempted insurrection at the U.S. Capitol, among too many other such recent incidents.

Republicans, on the other hand, from the new Republican Vice Presidential nominee and Trump critic turned toady, U.S. Sen. J.D. Vance on down, have opportunistically used the tragic shooting to blame Democrats somehow for the attempt on Trump's life. Some have gone so far as to blame Biden himself in one for somehow personally attempting to murder Trump. Republicans have also attempted to use the incident as a way to chill factual, peaceful political speech that is appropriately and accurately critical of their standard bearer and the party's efforts to undermine America's Constitutional democracy in favor of autocracy and fascism.

No actual motive has emerged for the shooter who was killed by the Secret Service and has so far been identified as a gun enthusiast and "definitely" a "conservative" by one of his former classmates.

We discuss much more on that story today which should have been our lead and only story today. Sadly, it wasn't.

Down in federal court in Florida, the corrupt Trump-appointed U.S. District Judge Aileen Cannon imagined up a reason to dismiss the entirety of Special Counsel Jack Smith's federal indictment of Trump and two co-conspirators on 40 criminal counts related to his theft of thousands of pages of classified documents when leaving the White House and his refusal to return them, in violation of the Espionage Act and other federal statutes. Cannon's reasons [PDF] for dismissing the case --- questioning the constitutionality of the Special Counsel's appointment --- has been rejected by court after court for years in many other cases where a Special Counsel was appointed (including the Robert Mueller probe of Russian interference in the 2016 election and more recently in the case against Hunter Biden) But, following recent instructions in a solo opinion issued by corrupt Supreme Court Justice Clarence Thomas (signed by no other Justices) in an unrelated case, Cannon dismissed the entire stolen documents case. The Dept. of Justice has said they will appeal. Hopefully, when they do, they will also finally move to have Cannon removed once and for all from this case.

Finally, we open up the phone lines again today to listeners who have many thoughts on all of the above...

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We went to air on today's BradCast prior to Joe Biden's several-hours-delayed post-NATO Summit press conference, allowing us to catch up on an item or two that we've otherwise been trying to get to all week. [Audio link to full show follows this summary.]

Among our coverage today...

• Yet another poll is out today, in this case from WaPo/ABC, finding President Biden and Donald Trump tied nationally. (It also shows Vice President Kamala Harris actually leading Trump by 2 points.) That said, the survey also finds some 67% of Americans, including more than half of Democrats, currently believe Biden should end his re-election bid. What should we take from that? And is there reason to believe that Biden can outlast the seemingly never-ending drip-drip-drip of former supporters calling for him to step aside? We discuss.

• While Biden was busy completing the NATO Summit he has been hosting this week in D.C., Donald Trump was planning a previously unannounced meeting with Hungarian strongman and Christian Nationalist Victor Orban down at his Florida resort. The meeting between the autocrats comes just days after Orban's surprise meeting with Russian strongman Vladimir Putin in Moscow and Chinese strongman Xi Jingping in Beijing.

• New Bureau of Labor Statistics numbers released on Thursday once again beat expectations and offer still more good news for the American economy and, specifically, inflation in the U.S. Among that good news, the annual inflation rate fell to just 3% as of June with consumer prices actually falling overall from May to June for the first time since May of 2020. The Biden Administration touted its anti-inflationary policies for the good news, including the easing of gas prices and items such as cars, appliances, airfare and groceries.

• On Tuesday, Oklahoma's long-serving U.S. Senator James Mountain Inhofe died at the age of 89 following a stroke he reportedly suffered on July 4th. The five-term Senator --- who notoriously described global warming caused by the burning of fossil fuels as "the greatest hoax ever perpetrated on the American people" --- was instrumental in blocking critical climate reforms in Congress over decades, helping to lead the nation and world into the deadly climate crisis we are now facing. He abused his position of power to spread lies and misinformation about climate science for which our children, grandchildren, great-grandchildren (including his own) will now pay the price for decades to come.

• After Inhofe repeatedly and falsely warned that America could not survive without fossil fuels, California has been steadily proving otherwise. The most populous state in the union has already had nearly 100 days this year when renewable energy, largely from solar and wind, has exceeded 100% of the state's entire electricity demand for at least some part of the day. In fact, CA is now producing more solar energy than it is able to use on many days, thanks largely to rooftop solar and a lack of transmission lines and battery storage. It is now producing so much clean renewable energy, in fact, that, so far this year, the state has had to waste more than enough renewable energy to power every home in San Francisco for a year. Transmission capacity and battery storage is now being furiously added. But, at the same time, the state's Public Utilities Commission has enacted wildly controversial new rules for selling back solar energy to the grid from rooftop solar installations via net-metering. We discuss.

• Finally, as the nation is suffering from the deadly fallout of the record Hurricane Beryl, including massive power outages, flooding and record tornadoes from Texas to Michigan, and suffocates under stifling heat and humidity from the West Coast to the East, Desi Doyen joins us for our latest Green News Report on all of that and much more, including Republicans in the U.S. House spending their time fighting to ensure that appliances like refrigerators and dishwashers cost Americans much more than they need to...

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Well, this is all going well. Though, somehow, today's BradCast made me feel moderately better about it all for the moment. (See?! He's a moderate!) Anyway, I'm hoping you'll feel somehow marginally better as well after listening to today's program. [Audio link to full show follows this brief summary.]

We begin with a few noteworthy news items for helpful, or at least interesting, context...

• A new survey from a Democratic pollster finds that while Donald Trump is currently beating Joe Biden nationally by one point in head-to-head polling, Kamala Harris is actually ahead of Trump by a point in the same poll. A different Dem, who nobody is talking about (for good reason?) also leads Trump in the same survey.
• Former House Speaker Nancy Pelosi says she stands behind the President, though offered a less than full-throated endorsement for his continuing candidacy on a cable new interview this morning, though she absolutely did not say that Biden should either "Reconsider Decision to Stay in the Race" or "consider dropping out" as New York Times falsely reported before correcting their headline, without explanation, after being called out (and after more than 200 articles focused on Biden's performance in the two weeks since the debate.)

And then we're joined for some much-needed common sense --- and a few similarly much-needed belly laughs (between tears) --- by two of our favorite roundtable guests: HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of The Professional Left Podcast.

You'll never guess what we're discussing today! But we've got a lot of it to talk about, and both Digby and Drifty are on their game.

"I will fight like hell for whoever is the top of the Democratic ticket come November," Driftglass (occasionally known as Bill) tells us. "The threat from Donald Trump outweighs every other consideration. Thus far, for the last three and a half years, [Biden] has governed the country remarkably well, steered through many crises, and done right by me. I think it's time we buckle down and say, 'Look, whoever the Democratic nominee is, is better than Trump.' Period. Full stop."

For her part, Digby concurs with the sentiment, but notes that, although there is no indication yet he plans to do so --- even with support on Capitol Hill for him to continue being lukewarm at best --- if Biden does decide to drop out: "I think that I would really, really like him to do it on the night that Donald Trump is going to accept the nomination for his party, and just stab him as hard in the back on his way out as he can, because you know that Donald Trump would do the same to him."

Now we're talking. And there is much more both insight and snark where that came from today, including discussion of...

• Wildly unhelpful and misleading corporate media coverage.
• What we should learn from the election in France on Sunday.
• Whether he can serve four more years or not, can Biden still actually win in November?
• Would Harris have a better shot?
• The disconnect between elected officials, media "experts" and actual Democratic voters on the ground.
• If Biden were to step down, is there time and process for a reasonably non-chaotic way to transition to a new candidate?
• Would Digby and Driftglass vote for George W. Bush or even Dick Cheney if one them became the Democratic candidate to take on Donald Trump?
• And who is this "Johnny Unbeatable" guy? And where should Democrats find him?

All of that and much more on today's unbeatable BradCast...

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We're still catching up from last week's earth-shaking news week on today's BradCast, from the Supreme Court to our ever-worsening climate crisis. [Audio link to full show follows this summary.]

With understandable concerns about Joe Biden's candidacy following his debate performance almost two weeks ago, followed quickly by the July 4th holiday, I'm not sure that Americans yet fully appreciate the way in which our corrupted, extremist, radical, not-conservative-in-the-least U.S. Supreme Court has now upended the American experiment with its horrific, unjustifiable, anti-textualist, anti-originalist 6 to 3 ruling [PDF] last week on the previously unimaginable concept of "Presidential Immunity".

In short, as Justice Sonia Sotomayor detailed in her scathing, 30-page dissent and point-by-point rebuttal and evisceration of the corrupt, activist majority's ridiculous invention of a heretofore unknown "Presidential Immunity Clause" somehow hidden in the U.S. Constitution, the "decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law."

She describes, on behalf of her fellow liberal Justices, the majority's opinion as "just as bad as it sounds," describing it as "baseless" and "nonsensical", in which "Argument by argument, the majority invests immunity through brute force.” It is "deeply wrong", "illogical" and "unprecedented," she warns, adding that it will "have disastrous consequences for the Presidency and for our democracy".

Her dissent details how the Framers of the Constitution understood the concept of "immunity" quite well when adopting our founding document. They even gave a bit of it to the Legislative Branch, while denying same to the Executive, even as several state Constitutions had, by then, granted it to their own Governors. Nonetheless, "Relying on little more than its own misguided wisdom about the need for 'bold and unhesitating action' by the President, the Court gives former President Trump all the immunity he asked for and more."

In doing so, with this decision and a number of other radical, not-conservative-in-the-least opinions at term's end, the Roberts Court, according to today's guest, has also given itself unheard of power, placing the Judicial Branch above its otherwise Constitutionally co-equal Legislative and Executive Branches.

We're joined today by CHRIS GEIDNER, veteran legal journalist of LawDork to discuss that, and to help decipher whether this ruling is really "as bad as it sounds," as Sotomayor charges.

Is a U.S. President --- be it Donald Trump or anyone else --- at this point, actually now immune from criminal prosecution should he or she orders Seal Team 6 to assassinate a political rival? ("Allowed," says Geidner, according to "the plain text of the ruling.") How about if they order the assassination of Justices on the U.S. Supreme Court? ("It is hard for me to read in the ruling where that is not allowed.") How about if they sell Presidential Pardons for $1 million a pop? Would it really be "unconstitutional" now to bring criminal charges against a former President who asked his Secretary of Defense to "bring in the troops" to "shoot protesters...in the streets of our nation's capital," as Trump's former SecDef Mark Esper alleged that Trump actually did in 2020?

The answer, it turns out --- at least according to the ruling --- is pretty much, yup, he (or she) would now be immune from criminal prosecution for all of those supposedly "official acts". According to Geidner, however, those questions would ultimately need to be answered yet again by the Supreme Court. Depending on what the make-up of that Court looked like and, crucially, which party the President in question belonged to, their decisions might be very different on a case-by-case basis. It's good to be King. But it might be even better to be a Justice in the Supreme Court majority.

"Let's assume we get through this moment in time, relatively no more scathed than we already are," Geidner posits, before predicting, "this is a ruling that is going to fall in on itself over time."

"In the meantime," as Sotomayor notes, "The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law."

"Moving forward, all former Presidents will be cloaked in such immunity," she concludes. "If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop."

And finally, for those listeners who haven't yet jumped out of a window, Desi Doyen joins us for our latest Green News Report after returning from our holiday break, with more deadly climate catastrophes and, yes, more horrific, history making opinions (Yay! More gifts for polluters!) from our fully corrupted, captured, activist and more powerful than ever rightwing SCOTUS majority...

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So, did anything of note happen over the past week or so while we were taking a holiday break from The BradCast? [Audio link to full show follows this summary.]

As I've come to learn, a few things of note did happen. In fact, it was almost like coming back to a different nation today, largely thanks to the corrupt, radical, extremist, not-conservative-in-the-least U.S. Supreme Court's rightwing majority which invented new clauses in the Constitution out of whole cloth to appall the Founders by declaring Presidents to be Kings. I have a feeling we'll be catching up with the remarkable past 10 days or so for quite a while around here.

Today, however, at the top of the show, we first touch on a few of those news items of note from the past week, including, perhaps most notably for the immediate moment in history, remarkable pushback at the polls from the left in France, UK and even Iran against rising Rightwing fascism. Stunning democratic victories in all three nations serve as a valuable lesson in this country, at this time, particularly from France, where a broad coalition on the left came together to issue a surprise, blistering electoral upset to Marine LePen's far-right nationalist party which had been expected to win on Sunday.

That, it turns out, is helpful --- and hopeful --- context as we turn our focus today to the most immediate concern here: legitimate questions about the reelection candidacy of President Biden, one of the most effective (and, yes, progressive) Presidents in U.S. history, following his disastrous debate performance just after we signed off air before our holiday break about ten days ago.

With much of his party seemingly rallying behind him in Congress a week later, even as a number of noteworthy elected Democrats are calling for him to drop out --- and polling that is offering mixed messages --- we open the phones to our listeners today to learn where they are on this matter.

Should Biden stay in or drop out? And, if he drops out, who should replace him and how? All questions of great import given that, no matter who runs against Donald Trump this year, it is far more than a battle between Republicans and Democrats. It is now very clearly a battle between Fascism and Democracy, particularly after the corrupted Court has now horrified the Founders to decree that Presidents are above the law in virtually any action they choose to take while in office.

The Democratic National Convention begins in just over a month. Early voting begins for the November 5 election in about 90 days.

Needless to say, our phone lines lit up. To my surprise --- especially among our mostly progressive, live Southern California listeners --- they were almost all of a very similar mind. Truly. I would not have predicted the response.

You can listen to it in today's very lively BradCast linked below...

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It's our last BradCast before time off for travel over the holiday next week. Unlike years past, it looks like SCOTUS will be late in releasing all of their opinions for this term before its normal end this week, so we won't be here to comment immediately on some of the biggest decisions (or on tonight's Presidential Debate) until after our return. But we've got plenty to cover from the corrupted rightwing Court already this week, including with a guest today who suggests the analysis by many legal experts on yesterday's ruling striking down yet another part of federal public corruption law has been somewhat misleading. [Audio link to full show follows this summary.]

Among the big SCOTUS decisions still to come, is a case regarding the "Chevron Doctrine" which, for decades, has given legal deference to federal agency experts over judges or corporate challengers, when it comes to the interpretation of federal laws through rules and regulations promulgated by those federal agencies. That could all be about to change, with enormous consequences first for the EPA, but also across the entirety of the federal government --- or, the so-called "Administrative State" as rightwingers have taken to deriding it. We explain the doctrine and some remarkable ironies behind the Court's upcoming ruling, whatever it may be, today.

But the corrupted, stolen and packed rightwing Supreme Court did manage to issue several rulings today. Among them....

• The Court rejected a multi-billion dollar nationwide opioid settlement with OxyContin maker Purdue Pharma and its owners, the Sackler family.
• In a clear win for corporate interests, they gutted the SEC's ability to carry out in-house proceedings on civil fraud complaints, requiring federal jury trials instead in an opinion likely to have far-reaching effects on other regulatory agencies as well.
• SCOTUS also kicked a Presidential election year hot potato down the road for another day by allowing Idaho hospitals, for now, to perform emergency abortions under federal law, even though the procedure is barred under state law.
• And, as we also discuss with Desi, the High Court blocked, for now, to the EPA's "Good Neighbor" rule which limited air pollution from power plants and other facilities that pollute downwind states. While the regulation has already substantially lowered pollution --- and saved lives --- in the states where it is in place, the Court prevented the EPA from enforcing it until after lower court challenges by largely Republican-controlled states and several industries are completed.

NEXT... On yesterday's show we critically covered the Wednesday SCOTUS ruling in Snyder v. U.S. [PDF], an opinion which overturned the conviction and 21-month prison sentence of an Indiana Mayor who received a $13,000 check from a company just two weeks after his city had granted them a contract worth more than a million dollars. The Court's rightwingers determined that the federal statute in question only applies to out-and-out bribery cases, where a quid pro quo was agreed upon before a public action. After-the-fact "gratuities", the Court's six Republican-appointees ruled, are apparently just fine. Or, at least, not unlawful under their reading of the federal statute in question.

While many legal analysts and experts have derided the ruling since it was issued on Wednesday, our guest today, RANDALL D. ELIASON, former chief of the Fraud and Public Corruption Section at the U.S. Attorney's Office in D.C., now a white-collar criminal law professor at George Washington University Law School, had a different take that he posted to Twitter yesterday: "I have no problem with the Snyder decision, that 18 USC §666 covers only bribes and not gratuities. I think that makes sense."

Really? Why? Today Eliason joins us to explain why the law --- which, as Justice Ketanji Brown Jackson notes in her dissent with the Court's other liberals, "imposes federal criminal penalties on agents of those entities who 'corruptly' solicit, accept, or agree to accept payments 'intending to be influenced or rewarded'" --- can arguably be interpreted as applying onlyto before-the-fact bribes, as opposed to after-the-fact "gratuities", as they are described by the Court's majority.

"I'm not happy about the outcome," Eliason concedes today. "You're right that there's been a pattern of decisions over the last more than a decade narrowing public corruption laws, and I've been critical of a lot of them. And I've been on your program being critical of a number of them in the past."

"So I'm not happy about the outcome. But I don't think the majority is being unreasonable in this particular decision. Because what this decision is about is not whether the conduct of the Mayor is a good thing, or whether it should be prohibited. It's just about the language in this particular criminal statute that Congress drafted. And it's really a badly drafted statute. It's poorly written. It's confusing. And even though the lower court in this case had upheld his conviction, several other federal courts of appeals had said the same thing, that this law does not apply to gratuities, and agreed with Snyder."

He explains that there is "a real legal distinction between a bribery and a gratuity", and that other federal statutes prohibit them both. But in this case, §666 is less than perfectly clear. And, when there is a "tie" in legal interpretation, the tie is supposed to go to the defendant who, the Court noted, can still be held accountable for accepting a gratuity under state and local laws.

"You see a lot of headlines in the wake of this decision: 'Supreme Court says bribery is okay.' No, the whole point was it wasn't bribery. It was a gratuity, which is something far less serious. And the issue was does this particular statute cover this kind of gratuity? The answer is no. I think, based on the way that statute is written, it's a reasonable outcome."

While I'm not sure I fully agree --- and even he notes that Justice Jackson makes several good arguments in her dissent --- Eliason's expertise and insight into the laws in question shed welcome light on this otherwise seemingly corrupt ruling.

On a related note, we also discuss how all of this might apply to the arguable millions of dollars in "gratuities" that members of SCOTUS, like Clarence Thomas, have accepted over the years and whether that might play into the Court majority's opinion. And how Congress, had they not become completely dysfunctional in recent years, could easily clarify this issue through simple legislation.

On one other matter before we finish our conversation with Eliason today, he offers his thoughts on SCOTUS' upcoming Fischer decision regarding whether the statute used to charge hundreds of January 6 defendants --- including Donald Trump --- with "obstruction of an official proceeding" may be struck down by the Court. Eliason is "pessimistic" about what is likely to happen, though believes that even if the Court strikes it down for use against many of those charged for the J6 insurrection, that "there's a good chance that the charges against Trump would still survive."

FINALLY... Before we disappear for the next week, Desi Doyen joins us for our latest 'Green News Report', with more thoughts on the imperiled Chevron Deference Doctrine; Climate disaster upon climate disaster this week for a New Mexico town; and some very good news indeed for President Biden's job-creating climate law...

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Stand by for news --- some good-ish, some not-ish --- on today's BradCast! [Audio link to full show follows below this summary.]

First up today, some noteworthy results from yesterday's primary elections. Among a bunch of races covered today from four different states...

• Progressive New York "Squad" member Rep. Jamaal Bowman was soundly defeated in his 16th District U.S. House primary race by longtime local Democratic official George Latimer in what was, notoriously, the most expensive House primary ever run. The cost of the contest was largely due to the American Israeli Political Affairs Conference (AIPAC)'s investment of millions of dollars to defeat Bowman, who, among other sins, described Israel's war in Gaza as a genocide. That said, as many pointed out before Tuesday and as we detail today, Bowman, as a movement progressive, was likely to have lost this race anyway in a very diverse "normie Dem" district, even without the flood of AIPAC money.

• Far-right Colorado Rep. Lauren Boebert's carpetbagging jump from her right-leaning, but swingy-ish 3rd District to the farther right 4th district --- after barely winning in the 3rd in 2022 by just a few hundred votes --- paid off as she managed to beat off three other Republicans to win the GOP nomination in the new district on Tuesday and, with it, most likely, another term in Congress this November.

• U.S. Rep. John Curtis, a not-insane, Mitt Romney-like, pro-climate action Republican from Utah, defeated a Trump-endorsed opponent to win the GOP nomination to fill the seat being vacated by the retiring Romney in the very red, but not completely Trumpy state this November.

• Another Trump-endorsed Republican lost, if narrowly, on Tuesday to Republican Sheri Biggs in South Carolina's primary runoff election for the U.S. House in the state's solidly red 3rd Congressional District.

And, some noteworthy news today from the corrupted U.S. Supreme Court, where a number of still-outstanding decisions remain, suggesting they may still be releasing opinions after the usual end of term in June, after we'll be on break over the Independence Day holiday week. Among the still-unreleased opinions are two that relate to criminal accountability for Donald Trump. It's up to you if you want to check out the (seemingly encouraging) abortion-related opinion that the Court appears to have accidentally released prematurely on their website for a few minutes on Wednesday morning. Beyond that, the two they meant to release today include...

• A seemingly absurd finding that federal law does not prevent payoffs by private parties to public officials after an official has done something --- such as award a multimillionaire contract --- to the private party. The case overturns a conviction against an Indiana Mayor who received $13,000 after fixing the bidding process to award a million-dollar contract to a local trucking company. A payoff, or an agreement for one before such the contract was awarded, in a direct quid pro quo, would be considered unlawful bribery. But a payoff after the action in question, no matter how much, is considered a "gratuity" that, the Court ruled [PDF] in a 6 to 3 partisan decision today, is not barred by federal law. State and local jurisdictions may still prosecute such payoffs under their own laws, however, if they wish.

• In a slightly more encouraging 6 to 3 ruling [PDF] today --- with three Republican-appointed Justices joining all three Liberals in the majority opinion --- the Court sided with the Biden Administration to reject claims by several Republican states and private plaintiffs that federal officials were unconstitutionally forcing social media sites to remove posts by so-called conservatives. The Court ruled that Plaintiffs had no standing here, since they all failed to demonstrate they faced any Constitutional harms by actions taken by federal officials --- in both the Trump and Biden Administrations --- to advise social media companies like Twitter and Facebook about potentially dangerous or misleading posts regarding COVID-19, election integrity and more.

And finally, on his HBO show last week, Bill Maher lauded Maryland's Democratic Governor Wes Moore for recently announced pardons to tens of thousands convicted over the years under state marijuana laws that have since been lifted. Maher then lamented how sad it was that Joe Biden wasn't smart enough to do the same thing at the federal level...even though Biden did exactly that two years ago when he also encouraged state Governors like Moore to do the same, as most marijuana convictions are at the state level. Of course, we covered both Biden and Moore's pardons as they happened. But, since Maher apparently never heard about it, I also want to make sure that at least you know about the new set of pardons issued today by the Biden White House...

• As the military news outlet Task & Purpose reports: "U.S. troops who were convicted under a now-defunct military law that targeted gay service members will receive formal pardons, the White House announced Wednesday." The pardons will apply to thousands of LGBTQI+ troops who were discharged, going back to 1951, for military rules that have since been removed and/or found unconstitutional. Said President Biden in a statement: "Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves." I hope someone tells Bill Maher before he misinforms millions yet again...

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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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