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Latest Featured Reports | Thursday, April 18, 2024
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Guest: Stephanie Foggett of The Soufan Center...
By Brad Friedman on 8/16/2022 6:53pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/16/2022 10:22am PT  


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IN TODAY'S RADIO REPORT: Historic Inflation Reduction Act passes Congress --- just don't call it a 'climate' bill; Scientists surprised to find trees growing in the rapidly warming Arctic; PLUS: 100 million Americans will live in an 'extreme heat belt' by 2053, study warns... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): New water cuts coming for Southwest as Colorado River falls into Tier 2 shortage; Warming Doubles Risk Of Catastrophic California 'Megaflood'; Climate Refugees a Trickle Now, soon to Be a Flood; Marine Heatwaves Increasingly Intense; Solar is happening. Nuclear is (mostly) not; Why Scientists Have Pumped A Potent Greenhouse Gas Into Public Streams... PLUS: Celebrate the Inflation Reduction Act. Then Double Down on Demonizing Fossil Fuels.... and much, MUCH more! ...

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Fallout from FBI retrieval of stolen, classified docs at Mar-a-Lago; Also: FBI, DHS warn of 'unprecedented' threats; Giuliani now a 'target', Graham must testify in GA election theft probe; Report: Trump Org CFO to plead 'guilty' in NY; Callers speculate on Trump's theft of NatSec docs...
By Brad Friedman on 8/15/2022 6:06pm PT  

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

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

  • Author Salman Rushdie off ventilator, able to talk, and still in critical condition, but "on road to recovery", according to his agent, following his stabbing on Friday in western New York state.
  • Federal court rejects Sen. Lindsey Graham's attempt to avoid grand jury subpoena for testimony in Fulton County, Georgia's probe of Trump's 2020 election theft conspiracy in the Peach State. Unless he can wriggle out of it somehow, he is scheduled to be deposed next Tuesday.
  • FBI and DHS issue joint bulletin over the weekend citing "unprecedented" threats to law enforcement and other government officials from the far-right Trump World following last week's warranted FBI search at Mar-a-Lago and retrieval of stolen, highly classified national security documents stolen from the White House by Trump.
  • Congressional Republicans, now unable to defend Trump's theft of documents, demand instead that DoJ release the sealed affidavit from last week's federal court-approved warrant finding "probable cause" that Trump may have violated at least three federal laws (retaining or destroying federal documents; obstructing government proceedings; violating the Espionage Act).
  • In Monday court filing, DoJ argues against release of the Mar-a-Lago affidavit, arguing "Disclosure of the warrant affidavit would irreparably harm the government's ongoing criminal investigation" and would "likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations." [Emphasis mine.]
  • Over the weekend, NYTimes reported that a Trump lawyer signed a certification in June that all classified materials taken by Trump had been returned. That was not true, as the 11 sets of classified documents retrieved last Monday revealed. The false assertion by a Trump attorney came after nearly a year and a half of discrete efforts by the National Archives and DoJ to retrieve the documents. The paper also reported security camera footage from inside Mar-a-Lago revealed that, just after Team Trump was contacted by the DoJ, boxes were moved into and out of the storage area where Trump unlawfully kept the classified records in a basement storage area at the hotel.
  • Mid-show, NBC reported that the Trump Organization's longtime Chief Financial Officer, Allen Weisselberg, was preparing to plead guilty in the Manhattan District Attorney's criminal fraud charges filed against both him and Trump's family business last year. NYTimes is now reporting that, under the plea agreement, Weisselberg will face just 5 months in prison and will not be cooperating with the prosecution against Trump or his family.
  • Finally, callers ring in with their own speculation on why they believe Donald Trump was hording those national security documents and refusing for a year and half to give them back. Also, on whether he will finally be held accountable for that and the rest of his endless criming...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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By PDiddie on 8/14/2022 6:30am PT  

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Guest: Climate and energy journalist David Roberts of Volts...
By Brad Friedman on 8/12/2022 5:21pm PT  

On some days, there is more huge news than others. This is about 10 of those days. With not one, but two absolute blockbuster stories jammed into today's BradCast. [Audio link to full show posted below this summary.]

On Friday, a federal judge unsealed the warrant obtained by the FBI and DOJ to search Trump's Mar-a-Lago compound for classified documents earlier this week. We have now learned that law enforcement officials collected some 11 sets of classified documents from the former President's Florida residence on Monday. Several of them were marked "TOP SECRET/SCI" (Sensitive Compartmented Information), the highest level of security classification. That's an even higher level of secrecy than merely "Top Secret". In all, agents collected four sets of "top secret" docs, three sets of "secret" docs and three marked "confidential", the lowest classification. (The latter, akin to the classification level of a handful of emails sent to Hillary Clinton's private email server when she served as Sec. of State.)

It is currently unknown if any of the sensitive and highly classified documents regarded nuclear secrets or not, as Washington Post reported exclusively on Thursday night.

But the arguably larger blockbuster part of this news is the specific crimes detailed in the warrant, for which DOJ officials sought it in the first place and for which they were required to show "probable cause" to the federal judge. Specially, the warrant reveals that Trump was being investigated for at least three different violations of the United States criminal code. As the Times' Charlie Savage summarizes: "Section 793, better known as the Espionage Act, which covers the unlawful retention of defense-related information that could harm the United States or aid a foreign adversary; Section 1519, which covers destroying or concealing documents to obstruct government investigations or administrative proceedings; and Section 2071, which covers the unlawful removal of government records."

"Notably," Savage adds, "none of those laws turn on whether information was deemed to be unclassified." That is important, of course, because the Trumpers have been claiming over the last day or so that the disgraced former President declassified all the materials before he stole them from the White House. In fact, whether he did or didn't (and that is likely to be of MUCH dispute), it may not matter when prosecuting the Espionage Act, as well as Obstruction, and the Unlawful Removal of Government Documents.

For the record, Julius and Ethel Rosenberg were put to death in 1953 for violations of the Espionage Act.

While all of that is blockbuster enough for one show, receiving much less coverage today is a another of arguably even greater consequence: Democrats (and ONLY Democrats) in the U.S. House on Friday passed the Inflation Reduction Act, including a landmark $370 billion investment to battle climate change. It is the largest such single investment in history by any nation. Moreover the Act includes a ton of other longtime progressive priorities, such as the ability to negotiate Medicare drug prices with Big Pharma, price caps on prescriptions for the elderly, the expansion of Obamacare premium subsidies, new taxes on hugely profitable corporations currently paying zero in taxes and much more. It even puts hundreds of billions toward deficit reduction.

The historic measure, the central pillar of Joe Biden and the Democrats' economic agenda, was passed last weekend in the Senate, also with zero Republican votes, and now heads to the President for his signature.

We are joined today by the great DAVID ROBERTS, who has spent too many years writing about the confluence of politics, climate and energy for many different publications. He now publishes the Volts newsletter and podcast after having joined us at various times over the past 15 years or so to discuss climate matters and what, until now, had been a bevy of failed federal climate and energy policies. Today, however, for the first time, we've got something very real to celebrate which, he suggests, is likely to be a game changer in the fight to mitigate climate change.

"The shortest way to put it," he tells me, in response to my request for his top-line reaction to this bill, "If you recall Obama's stimulus bill, it contained about $90 billion for clean energy. That bill is responsible for kicking off an absolute firestorm of growth in both those markets [solar and wind], basically helping to bring their costs down below fossil fuels and revolutionizing the US energy landscape. That was $90 billion mostly on wind and solar. Now we're talking about $370 BILLION on wind, solar, hydrogen, batteries, go on down the list. So just the math of it, this is going to spur another revolution in US energy."

We discuss the various mechanisms by which this sprawling new law will reduce U.S. greenhouse gas emissions by 40% by 2030 which he sees as likely a minimum of cuts in the deadly pollution driving our worsening climate crisis. All of which, he describes as "miraculous," given the surprising way it all came about just days ago.

"As you know, about a week ago we were staring in the face of a big goose egg from Congress, a big nothing," Roberts recalls. But that changed when Majority Leader Chuck Schumer struck a deal after secret negotiations with, of all people, Sen. Joe Manchin from the coal state of West Virginia. "So this really is the difference between almost total failure on climate and something very close to the level of success that I would have hoped for and dreamed for."

Roberts walks through several of the key points in the bill that he believes will make the greatest difference in our efforts to cut emissions at the federal as well as state and local level.

"One of the most important aspects of this bill is the transformative effects it's going to have on our political economy. It's going to change politics," he argues. "I like to draw the analogy with the defense industry in the US. They are horrific and evil, but they are very savvy in one way, which is that they spread their investments across all 50 states. So then you have 50 states defending defense spending --- which is obnoxious, but it's a good strategy." It's one that he believes will now be echoed in the renewable energy industry, making it much harder to kill in the future, even in --- and, perhaps especially in --- "red" states.

Roberts also concurs with the explanation climate scientist Dr. Michael Mann offered on this show earlier this week, when explained how the bill's incentives work, largely by turning "carrots" (financial incentives) to encourage renewable energy production into "sticks" that will ultimately take down the deadly fossil fuel industry now that they will face real, cleaner and cheaper competition.

"It's a giant bag of carrots," Roberts quips. "The idea, the theory of change, is that these carrots will accelerate the development of renewable energy even further, even faster, and it's going to undercut the economics of fossil fuels even further, even faster. And so fossil fuels are just going to lose on the market." He goes on to add this key point: "One of the things the models find is this bill is going to cause a net reduction in US demand for oil and gasoline for the first time ever. Ever!"

Of course, there are some progressives who have been critical of the bill's giveaways to the fossil fuel industry, included in the 755-page measure in order to win the needed 50th vote in the Senate of Joe Manchin. Those measures "suck," Roberts concurs, even as many on the left have been (purposely?) misinformed about some of those provisions.

"In the grand scheme of things, in the big picture, they are relatively marginal compared to the massive, massive boost that this is going to give clean energy, and the massive amount of emissions it's going to reduce. There is no credible argument otherwise. This is absolutely a net win."

So, yeah. An absolutely historic day --- on at least two remarkable stories...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Rightwing political violence stirs after former Prez lied about 'siege' at Mar-a-Lago; Also: Midterm elections continue to trend toward Dems...
By Brad Friedman on 8/11/2022 6:13pm PT  

Today on The BradCast: We are now learning even more about what Trump didn't bother to tell his followers when he played the victim card on Monday following the FBI's search at his Mar-a-Lago compound in Florida. It's becoming difficult to avoid the pretty clear conclusion that he is now simply hoping to foster political violence as the walls, the truth, and accountability close in on him. [Audio link to full show follows below this summary.]

First up today, here's the original video version of the Lincoln Project's amusing new ad, hoping to get inside Trump's head and make him wonder who must be the reported "insider" that tipped off investigators about stolen national security documents Trump was believed to have been keeping at Mar-a-Lago.

Before diving fully back into the latest news following Monday's Mar-a-Lago search and the reasons for it, we've got just a bit of encouraging news for Democrats and democracy lovers amid these decidedly UNconventional times. Today, a brief look at polling numbers trending toward Dems in this November's mid-terms, particularly for the U.S. Senate, and how best to make sense of that data.

Then, after days of media speculation and parroting of misleading claims sourced largely Trump and his attorneys, some clearer, more plausible and better sourced details are finally beginning to emerge from several outlets regarding what actually happened at Mar-a-Lago, and why the FBI decided they needed to obtain a warrant from a federal court to execute their search of Trump's property.

CNN sums much of it up well. But, long story short, after days of Trump and his gullible minions (including, shamefully enough, a bunch of top elected Republican officials) whining that the DoJ should have first taken less aggressive and invasive steps to get at whatever they were looking for, it turns out, DoJ very much already did!

Following a criminal referral from the National Archives in January, charging that incredibly sensitive national security documents had been stolen by Trump when he left office, a grand jury subpoenaed him for those documents in June. Top DoJ officials also visited Mar-a-Lago to meet with Trump and his attorneys around the same time to get the documents back. But while some were reportedly returned, others were not, according to both an insider and security surveillance video from inside Mar-a-Lago, reportedly turned over by the Trump Organization.

Documents that were withheld from the National Archives, and said to be of a highly classified nature, were also reportedly stored in the unsecured basement at Trump's South Florida resort.

All of that, as Trump has been out-and-out hoping to scam the public and his supporters (I know, shocking!) by falsely portraying himself as the victim of outrageous "prosecutorial misconduct," "the weaponization of the Justice System, and an attack by Radical Left Democrats." All part of little more than a "political witch hunt" which has resulted in the U.S. having become a "broken, Third-World Country."

Except, if he wanted to prove any of that to be true, as we discussed yesterday with former federal prosecutor Randall Eliason, he could have simply released the warrant he was given by the FBI on Monday, detailing what they were looking for and what crimes they believe may have occurred, along with a full inventory that he was given, listing the documents and other materials that the FBI retrieved from his residence.

Trump could have done all of that. He did none of it.

On Thursday, however, Attorney General Merrick Garland offered brief remarks to announce that DoJ has now asked a federal judge to unseal the warrant, while declaring his support the men and women of the DoJ and FBI who have now been mercilessly targeted by Team Trump over the past week.

The selective release of at least part of the warrant by Trump's attorneys, including the name of the federal magistrate judge who signed it, has resulted in anti-Semitic slurs and calls for extreme violence against the judge and his family. Some have even been posted to Trump's own social media outlet.

It's difficult to believe that political violence isn't the whole point of what the disgraced former President is now doing, as the walls continued to close in on him. An attempted attack at an FBI field office in Cincinnati, Ohio today, by a man with body armor, a nail-gun and an AR-15, would seem to underscore that. (Shortly after airtime, it was reported that the man, injured in a gunfight as he fled but still on the run as of airtime, had been killed by authorities. Also, that the man had attended Trump's January 6, 2021 insurrection at the U.S. Capitol.)

Finally today, Desi Doyen joins us for our latest Green News Report, as the deadly effects of our climate emergency quickly worsen around the world; elected Republican officials in the U.S. are found to have been conspiring to punish private companies working to curb carbon emissions; and at least one country with a long history of denialism among its rightwing elected class (other than the U.S.), is finally getting on board to cut greenhouse gas emissions after voters recently elected non-deniers to take control of its government...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/11/2022 10:13am PT  


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IN TODAY'S RADIO REPORT: South Korea the latest victim of climate-intensified deadly flash floods; July was one of the hottest ever recorded; Republican state treasurers coordinating to block climate action by private companies; PLUS: Mexico declares state of emergency over intensifying persistent drought... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The biggest climate ghouls of the 2022 midterms; House starts process for climate bill passage; Rainwater everywhere on Earth unsafe to drink due to 'forever chemicals', study finds; In Amazon, a UN development agency partners with oil industry to quash opposition; Europe's energy crisis may get a lot worse; Flash floods overwhelm Denver, D.C. Metro; EPA launches civil rights probes of Texas air quality regulator; Conceding to Manchin, U.S. climate bill exempts most oil industry from methane fees... PLUS: Deepwater Horizon spill oil residue still present, 10 years later... and much, MUCH more! ...

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Guest: Former Asst. U.S. Attorney, Randall D. Eliason; Also: Inflation slowing?; Noteworthy primary results from CT, MN, VT, WI (and WA)...
By Brad Friedman on 8/10/2022 5:57pm PT  

Remember during the 2016 Presidential election when Donald Trump repeated over and over how only mobsters plead the Fifth Amendment? Yeah, so does he, as discussed on today's BradCast . And yet, he repeatedly took the Fifth for some four hours in a row during his deposition in New York today. [Audio link to full show follows below this summary.]

Before we get to those details and the related story of the FBI search at Trump's home in Florida on Monday...Good news for Americans is, of course, bad news for Republicans. According to new numbers released by the Department of Labor on Wednesday, inflation may now be slowing, along with gas prices which fell in July by roughly 20%. Obviously, that is completely thanks to the brilliant policies of President Joe Biden. (It's not, but since the GOP blamed him for inflation and the rise in prices at the pump, it seems only fair to give him all the credit when the numbers go the other way.)

Next, our highly selective and curated coverage of noteworthy results from Tuesday's primary elections in four states --- Connecticut, Minnesota, Vermont and Wisconsin. (And one last noteworthy race called from last week's primary in the state of Washington.) Here too, good news for far-right MAGA Republican voters may turn out to be very bad news for them in November. If not, it's likely to be very bad news for American democracy in advance of the 2024 elections. Many of Trump's endorsed candidates, all of whom are 2020 election deniers, are winning GOP nominations for offices likely to be critical during the 2024 Presidential election, if those candidates are successful in the 2022 election. We cover a bunch of them today, with appropriate warnings, along with a number of the encouraging Democratic victories on Tuesday.

Then, Trump's horrible, no good, very VERY bad week continues to get worse. Of course, that is good news for the bulk of Americans who actually do believe in law and order and accountability and stuff. On Wednesday, Trump finally sat down for the under oath deposition he has fought so hard against in New York Attorney General Letitia James' civil probe into his and the Trump Organization's years of apparent bank, tax and insurance fraud. For four hours, he repeatedly exercised his Constitutional Fifth Amendment right not to incriminate himself, despite claiming for years --- or, at least while he was running for President in 2016 --- that doing so is "horrible, horrible, horrible" and "disgraceful" because "if you're innocent, why are you taking the Fifth Amendment?"

(As it turns out, Trump invoked the Fifth nearly 100 times during his 1990 divorce deposition as well. His own kid, Eric, one of the titular heads of the Trump Organization while Trump was in office, invoked the privilege more than 500 times when he was deposed in the James' probe back in 2020. And, over the past several days, two of his other kids, Don Jr. and Ivanka, were also reportedly deposed. Any guess what they might have done?)

All of this, of course, comes on the heels of the FBI executing a search warrant at Trump's Mar-a-Lago home on Monday, though we still don't actually know what they were looking for nor which of the several federal criminal investigations Trump is the focus of it pertained to. Trump does. It says as much on the warrant he has in his possession. He's just not telling anyone, while describing the matter (as usual) as a "political witch hunt" and declaring that it means the U.S. is now a "broken, Third-World Country."

We're joined today for some really helpful insight into both of these ongoing cases by former Asst. U.S. Attorney in D.C. and chief of the DoJ Public Corruption/Government Fraud section, RANDALL D. ELIASON.

As usual, Eliason, who now teaches law with a focus on white collar crime at George Washington University Law School, is able to offer clear, straight-forward facts on what much of cable news has been speculating about over the past 72 hours or so.

For example, what's the difference between a "raid", as Trump and many on the Right are describing what happened in South Florida on Monday, and the lawful exercise of a search warrant, approved by a federal judge? "I'm not sure if there is a universally agreed-upon definition of a raid," he explains, "but I think the most likely definition is it's a raid if it happens to you."

In response to the reports of Trump pleading the Fifth in his NY fraud case, Eliason doesn't think it's "terribly surprising, given what we know" about both the case and the former President, but he goes on to lay out both the difference between a civil case (such as the James') and a criminal probe, and how the Fifth Amendment can be used against Trump in the former, but not the latter, even if it may help criminal prosecutors, like the Manhattan District Attorney, identify where the disgraced former President himself believes he has potentially committed a crime.

Eliason explains what material would be revealed by the portion of the FBI search warrant from Mar-a-Lago that is now in Trump's possession, even as he is refusing to disclose it. "It has to cite the statutes that the investigators believe might have been violated," he says, while noting that there is nothing that legally prevents Trump from releasing it tothe public. Also, he asserts, Trump would, by now, "have an inventory of what was seized" by the FBI, even if he has also failed to release that information as well, despite his many claims of innocence and being a victim.

We also discuss the hurdles that would have to have been cleared by Trump-appointed FBI Director Christopher Wray, Biden-appointed U.S. Attorney General Merrick Garland, as well as the federal magistrate judge who finally approved the Mar-a-Lago search warrant. (Eliason also breaks down the difference between a federal judge and a federal magistrate judge, who Florida's Republican Sen. Marco Rubio suggested on Fox "News" last night, isn't actually a real judge.)

"Given the outcry that you know was going to result from this, and that we've actually seen, you'd want something far beyond just 'probable cause'," argues Eliason, a contributing columnist at the Washington Post and at his own Sidebars Blog. "The DoJ is not going to do this in a marginal case. Before taking this kind of extraordinary, unprecedented step, they're going to really be sure they've got substantial proof, and that it's something really important that they're going after."

As far as what they're "going after"? Well, nobody --- other than Trump, his attorneys and the FBI, DoJ and a federal judge --- actually knows at this point. There has been much TrumpWorld-sourced reportage that this all has something to do with the more than 15 boxes of Presidential Records, many of them highly classified, according to the National Archives, that Trump absconded with to Florida after leaving the White House. But none of that is actually confirmed.

I convince the usually quite careful Eliason to offer his own speculation about what the FBI could be looking for that would involve such a monumental and politically fraught step as obtaining a search warrant for the home of a former President. "Most people are speculating about these crimes that involve Presidential Records," he says. "If that's all it was, and it was relatively routine stuff, I would be surprised that they'd take this kind of step. That makes me think either the documents themselves are something extraordinarily sensitive, and potentially dangerous to national security, or that there's something else going on."

What might that "something else" be, according to Eliason? For that, you'll need to tune in...

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Also: Important late results from last week's AZ and WA primaries; MI's GOP A.G. nominee facing criminal probe; Federal appeals court approves release of Trump tax returns to Congress...
By Brad Friedman on 8/9/2022 7:06pm PT  

On today's BradCast: Given the unprecedented breadth of the late-breaking news on Monday, we know remarkably little so far about what actually happened at Donald Trump's Florida estate and why it happened. Not that that has prevented anyone in these United States from speculating about it since then. [Audio link to full show is posted below this summary.]

The news of the FBI's Monday search of Mar-a-Lago literally broke about one second after we signed off from Monday's show and, like the rest of the nation, we've been trying to make sense of it ever since. But, before we get there today, a few other news items of note that are being buried under all of the rest of the news items of note.

Today was primary election day in Connecticut, Minnesota, Vermont and Wisconsin. Happily, so far, we've heard few reports of problems for voters at the polls. As usual, we'll have noteworthy results on tomorrow's show.

There are, however, several important results from last week's primaries in several states that were "called" by the media over the weekend, and some that are still too close to call. Most noteworthy is the weekend call for the GOP Gubernatorial nomination in Arizona, where far-right, Trump-endorsed 2020 election denialist and former TV news anchor Kari Lake was declared the winner. She'll now face off with Democratic nominee, Sec. of State Katie Hobbs in November. Like AZ's Republican nominee for Sec. of State, Mark Finchem --- and despite all counts and recounts confirming Joe Biden's victory there in 2020 --- Lake has said she wouldn't have certified the state's electors in 2020 for the guy who voters actually chose. That makes both her race for Governor and Finchem's for SoS among the most critical contests in the nation this November, in advance of the 2024 Presidential election. (Finchem will face the Democratic nominee, former Maricopa County Recorder Adrian Fontes in the SoS contest in the fall.)

The entire top of the ticket in Michigan is similarly perilous this year, with Republicans having nominated Trump-endorsed 2020 election deniers and conspiracy loons to take on all three Democratic incumbents for Governor, Attorney General and Secretary of State. Reuters, however, broke the exclusive news this week that the state's GOP Attorney General nominee, Matthew DePerno, "led a team that gained unauthorized access to voting equipment while hunting for evidence to support former President Donald Trump’s false election-fraud claims." That now places DePerno --- seeking to become the state's chief law enforcement officer --- squarely at the center of Democratic Attorney General Dana Nessel's criminal probe of several such incidents in MI following the 2020 election, as based on criminal referrals by Sec. of State Jocelyn Benson. It also means Nessel will now likely need to recuse herself and her office from probing her own November challenger. Over the weekend, at a CPAC rally in Dallas, Trump praised DePerno, ironically vowing that "he's going to make sure that you are going to have law and order and fair elections."

The reported unlawful breach of sensitive voting system software by DePerno is now added to a growing list of similar incidents across the country, such as Mesa County, Colorado Clerk, Tina Peters (who has been charged with 7 felonies and 3 misdemeanors related to her own election fraud related breach of her county's voting system software) and the GOP Board of Elections in Coffee County, Georgia (who allegedly allowed a similar breach of the voting system there, followed by an apparent cover-up of the incident by Georgia's Republican Sec. of State Brad Raffensperger.)

Then, we get to Trump's no good, very very bad week, as news broke this afternoon that a three-judge federal appeals court panel in D.C. decided unanimously that, yes, the U.S. House Ways and Means Committee may indeed have access to Trump's tax returns. This is part of a years-long legal battle, where Trump now has just two appeals options left.

But that problem likely pales in comparison for the disgraced former President to what happened at Trump's South Florida home on Monday, while he was in New York to give a sworn deposition to the state Attorney General, Letitia James, who is investigating him, his kids and his Trump Organization for tax, bank and insurance fraud.

As you've heard by now, the FBI, headed by Trump-appointee Christopher Wray, executed a warrant from a federal judge to search Mar-a-Lago. For what? We do not actually know, though there has been much reporting that it is related to Trump taking at least 15 boxes of Presidential Records, much of them reportedly highly classified, with him to Florida after leaving office.

Most of what we know about what happened Monday comes from either Trump himself or "sources" most likely very close to him, likely describing the matter in the best possible light for him. Trump himself was among the first to confirm the news of the search, misleadingly describing it as a "raid" and declaring Mar-a-Lago "under siege", thanks to "prosecutorial misconduct" and "the weaponization of the Justice System."

"Such an assault," he wrote in his lengthy statement, "could only take place in broken, Third-World Countries. Sadly, America has now become one of those Countries, corrupt at a level not seen before." Naturally, the entirety of the rightwing media and elected Republicans simply took his word for it, vowing to exact revenge on Attorney General Merrick Garland, Joe Biden and Democrats in general. Fox "News" headlined some of its fair and balanced coverage this way: "Raid on Trump's Mar-a-Lago home by Biden's politicized FBI means US now a third world country".

Today, we try to break down what is actually known and mostly still unknown about what happened; what kind of trouble Trump could potentially be in, based on the few known facts; and how he could easily prove his (clearly false) claims about it all by simply releasing the search warrant that he would now have, showing why law enforcement was able to obtain the warrant, what they were looking for, and what criminal laws there is "probable cause" to believe he has committed.

What we absolutely do know: This is either a blunder of historic proportions or, far more likely, a matter of monumental criminal importance. Investigators would have had to demonstrate serious probable cause evidence of a very serious crime under way or about to happen --- otherwise Wray, Garland and a federal judge would not all have signed off on the unprecedented action of issuing a warrant to execute a search of the home of a former President of the United States.

What we also now know (as we've been trying to tell you for some time): Garland appears to be doing his job and the walls are continuing to close in on our indescribably corrupt and criminal former President.

Finally, Desi Doyen joins us today for our latest Green News Report, with special coverage of the other biggest story of the week (now largely big-footed by the "siege" at Mar-a-Lago), Senate Democrats' long-overdue, unified passage of historic climate change legislation...

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With Brad Friedman & Desi Doyen
SPECIAL COVERAGE: Historic Senate climate bill passes...
By Desi Doyen on 8/9/2022 10:58am PT  


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IN TODAY'S RADIO REPORT: GNR Special Coverage: U.S. Senate Democrats pass landmark climate legislation, the first in U.S. history... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Biden surveys flood damage in Kentucky, pledges more US help; 'The Biggest Uncertainty Is Us': sustainable choices must become the easiest, most affordable ones; Don't listen to the climate doomists: 'end times' narrative only benefits fossil fuel interests; Why it took Congress so long to act on climate; Mexico desparate for water while beverage companies drain aquifers; EPA finds history of DDT dumping off of L.A.'s coast even worse than expected; Study connects climate hazards to nearly 60 percent of infectious diseases; Renewed shelling around Ukraine's largest nuclear plant raises new fears... PLUS: Peter Dykstra: The Birth of Greenwashing... and much, MUCH more! ...

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Guest: Penn State climate scientist, author, Dr. Michael E. Mann on long-overdue passage of $370 billion to combat global warming...
By Brad Friedman on 8/8/2022 5:55pm PT  

We've been joined countless times over the years on The BradCast by renowned Penn State climate scientist DR. MICHAEL E. MANN. Given the circumstances, he is always remarkably optimistic. Today, there was really something for him to be optimistic about. [Audio link to full show is posted below this summary.]

The U.S. Senate held its first hearings on climate change 36 years ago --- led by a Republican Senator from Rhode Island at the time --- and attended by a then new Senator from Tennessee by the name of Al Gore. They were warned, as Washington Post's front page reported at the time, that pollution from the burning of fossil fuels would result in a "greenhouse effect" that would cause the globe to warm "to a level which has not existed on Earth in the past 100,000 years."

Two years later, in 1988, they were warned again by NASA scientist, Dr. James Hansen, that evidence was found that the warming had already begun. "The global warming is now large enough that we can ascribe, with a high degree of confidence, a cause and effect relationship to the greenhouse effect."

"There is no longer any significant difference of opinion within the scientific community about the fact that the greenhouse effect is real and already occurring," Gore made clear at the time, following a conference held in 1985 in Austria which concluded that "as a result of the increasing greenhouse gases it is now believed that in the first half of the next century (21st century) a rise of global mean temperature could occur which is greater than in any man’s history."

Long story short, pretty much everything the scientists warned about has come to pass, much of it even sooner than predicted. And yet, over the ensuing decades the fossil fuel industry has fully captured the Republican Party to the extent that not a single one of them voted over the weekend for the most substantive climate bill ever adopted by the U.S. Senate. The only such bill ever adopted by the Senate, in fact. It only took 36 years, and a tie-breaking vote from the Democratic Vice President, but they did it.

On Sunday, after 16-hours of overnight debate and attempted amendments, the Senate passed the dubiously-named Inflation Reduction Act, so named largely to win the vote of coal state Democratic Sen. Joe Manchin. The spending bill will do a lot, including allowing Medicare to negotiate prescription drug prices; put a $,2000 annual cap on prescription drug costs for seniors on Medicare; put a $35/month cap on insulin costs for those on government insurance who have diabetes (Republicans forced Dems to kill that provision for those with private insurance); add a new 15% minimum tax on corporations whose annual profits are more than one billion dollars; tax major corporations for buying back their own stock instead of investing in their companies; and it will also pay down the deficit by hundreds of millions of dollars over the next ten years.

But, most importantly, the Act will invest at least $370 billion to combat climate change with incentives for individuals, states and business alike. It will, according to Senate Majority Leader Chuck Schumer and Manchin --- and several independent analyses --- cut the greenhouse gas emissions we were warned about decades ago, by about 40% by 2030.

"It is a good day, let's not make any bones about that," says Mann today on the show. "This is, by far, the most aggressive climate legislation --- in fact, the only meaningful climate legislation that has ever passed the U.S. Senate."

"Let's be clear: this isn't the solution. It's not like we've solved the climate crisis. There's a whole lot more work that's left to be done," the author of more than160 peer-reviewed and edited scientific publications and author of more than half a dozen books on the climate crisis tells us. "We need at least 50% reductions by [2030] if we are to stay on course to keeping warming below a really catastrophic 3 degrees Fahrenheit. So there's a lot more work to be done, and there are some things in the bill that some of us wish weren't there. There are some incentives for fossil fuel interests when it comes to drilling leases and pipeline construction, a few bones that were thrown in to get the support of a coal-state Democratic Senator in Joe Manchin." Nonetheless, the bill --- which still must pass the Democrat-controlled House on Friday --- "represents significant progress."

"If you want more progress, if you want more aggressive legislation --- and I certainly do and I think we should expect it --- then we need a larger majority in the U.S. Senate that can pass more aggressive climate legislation," Mann explains. In fact, not one single Republican voted for the measure. It was passed with the barest of majorities. All 50 Senators who caucus with the Democrats (and who, shockingly, stayed unified), plus the vote of the Vice President Kamala Harris.

Mann discusses both the upsides and downside of the bill, including the measures that could expand the use of fossil fuels in order to win the vote of Manchin. But, he asserts, the "carrots" to get off of fossil fuels, as included in the bill, are likely to become "sticks". "If the carrot works, it becomes a stick. Which is to say, if we incentivize renewable energy enough, then fossil fuel energy is no longer competitive."

Of course, he's got much more insight on the measure and what needs to be done moving forward. But it's a start that is "real" and "tangible." he argues. And it only took 36 years to get here --- not a moment too soon.

We open up the phones to some thoughts from callers on all of this today and, of course, our own Desi Doyen has a few as well. A "good day" indeed. We'll take it.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Ruling is good news for democracy and, perhaps, state Democrats...
By Ernest A. Canning on 8/8/2022 10:05am PT  

Last Tuesday, Pennsylvania's state Supreme Court, once again, rejected a Republican challenge to the state constitutionality of an absentee ballot voting provision adopted by Republicans themselves.

The decision, affirming the expansion of the methods by which state voters may cast a vote --- in a state where absentee voting had long been highly restricted --- represents a win for democracy and, potentially, for the prospects of Democratic Party candidates in upcoming statewide contests.

It wasn't the first such challenge to the Keystone State's bipartisan legislation extending the right to cast an absentee ballot to all lawfully registered voters.The provision was part of a landmark 2019 election reform law, Act 77, adopted by the GOP-majority state legislature and signed by PA's two-term Democratic Governor, Tom Wolf.

In McLinko v. Commonwealth of Pennsylvania this past week, a majority of the state's high court, yet again, rejected a Republican challenge to the law.

On Nov. 21, 2020, Republicans presented the same argument when they petitioned to stop the counting of votes cast during the 2020 Presidential Election. At the time, the PA Supremes didn't rule on the constitutionality of Act 77. Instead, the Court denied the Republican challenge under the doctrine of laches, in which a Party who fails to seek relief in a timely manner will be barred from seeking it.

Republicans, who could have challenged the constitutionality of mail-in voting before the state's June 2, 2020 Primary, chose instead to wait until after Joseph R. Biden was declared the state's projected winner in the general election that November before they moved to contest Act 77's constitutionality.

This time around, the Court considered and rejected the GOP's constitutional challenge on the merits...

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By PDiddie on 8/7/2022 11:18am PT  

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Guest: Rep. Hank Johnson (GA-4), on his bills to expand the Court, impose term limits and ethics rules for 'unaccountable', 'corrupt' Justices; Also: TN's Thursday primaries and unverifiable voting systems...
By Brad Friedman on 8/4/2022 6:49pm PT  

I suspect you'll get much more out of listening to today's BradCast than I can possibly share in this summary. Hearing my conversation with the Congressman --- who has a very dry wit --- is also much, much funnier than reading about it. [Audio link to full show follows below this summary.]

But, before we get there today, voters in Tennessee were voting in their midterm primaries on Thursday. Yes, on a Thursday! In a state where the right-wingers who run it aren't all that interested in democracy, apparently. Otherwise, they would hold primaries on a normal Tuesday, and they wouldn't have upended a state law passed years ago --- when Democrats held the legislative majority there --- to move from unverifiable touchscreen voting systems to hand-marked paper ballots. A story today out of one of their counties where a touchscreen system appears to have failed for one of their voters (described misleadingly in the report as "a rare glitch") underscores this point and my continuing, expanding, years-long nightmare.

Then, we're joined by REP. HANK JOHNSON, Democrat from Georgia's 4th Congressional District and Chair of the House Judiciary's Subcommittee on the Courts, for a detailed and lively discussion about his ongoing attempts to bring accountability to what he describes as the "corrupt system" embodied by today's U.S. Supreme Court.

In April of last year, Johnson introduced the Judiciary Act of 2021, a simple, single paragraph bill [PDF], co-sponsored by a number of House colleagues and Sen. Ed Markey (D-MA) who declared, at the time, that when "Republicans stole the Court’s majority" they "undermined its legitimacy, and threatened the rights of millions of Americans". Over a year later, with little progress for the measure, after a full term with the Republicans' packed majority now having run roughshod over longstanding Constitutional rights and Court precedents --- on everything from the rights of voters to those of detainees, to gun safety and the environment and, of course, privacy rights and reproductive freedoms --- the bill's sponsors held another press event last month in front of the Capitol to try and bring focus to the need to, as Johnson describes it today, "re-balance the Court away from this current 6-3 rightwing extremist majority that was packed by Mitch McConnell, Donald Trump, and the Federalist Society."

This week Johnson also introduced another measure --- this one, just three pages [PDF] long --- called the Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act of 2022, to introduce term limits for Justices and mandating that new appointees shall be appointed solely by each President in the first and third years of their terms.

"It would establish an 18-year term limit for Supreme Court Justices, if that legislation passes --- and it needs to pass along with the Judiciary Act to expand the Court. We don't really need Justices letting the grass grow under their feet, becoming insulated and removed from accountability from the public", Johnson charges. "You can appoint a conservative judge, but that judge's views would have to end up being subject to being replaced by another judge at the end of that judge's tenure. So, in this way, we give every President the opportunity to appoint new blood into the Supreme Court. Keep the Supreme Court from getting old, stale, and rotten, as it is now...starting with the Honorable Clarence Thomas. "

The Georgia Congressman has also introduced the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act of 2022 [PDF], recently marked-up in the Judiciary Committee to bring ethics reform to the High Court, where Justices currently are allowed to police themselves and are exempt from the judicial ethics rules and requirements which govern the rest of the federal judiciary. That, he asserts, has brought us to the "corrupt system" we have to today.

"The Supreme Court can simply decide to ignore all of the cases it chooses to ignore, and cherry-pick cases that have been inserted into the legal pipeline by activists who are intent on getting their way in the United States Supreme Court," says Johnson. "These are the same activists that have these same Supreme Court Justices traveling to exotic locations to be wined and dined, to deliver a speech to the assembled audience, who happen to be stakeholders in one position or another, that they want to insert into the Court and have the Court decide it their way."

"This is the system that we have now, with the Court being able to select a few cases in the pipeline, for that pipeline to be packed with issues that are ripe for these rightwing Justices carefully indoctrinated through their law school years with Federalist Society 'free market' thinking," the Congressman continues. "They have gotten the jobs with the law firms and with the prosecutors' offices that put them on a track to be nominated by a Republican to a judgeship. And they preside over the judgeship and then they get elevated to the United States Supreme Court, after being recommended by the same Federalist Society that indoctrinated them from law school and secured the job for them. These Justices are primed to rule in favor of the rightwing, 'free-market' capitalist interests that put them in the pipeline. It's a corrupt system that we have at this point, and Congress definitely is in position to do something about it."

Johnson has created a website called CourtReformNow.com to detail these measure and many others in order "to do something about it."

That said, many of these long-overdue reforms have had trouble gaining traction in Congress. I ask the Congressman if there is any reason, for example, that his Subcommittee couldn't call in Justice Thomas (who he describes as "ethically bankrupt") to discuss years of impropriety, not to mention the hundreds of thousands of dollars those same activist groups have given his wife Ginni. (She was also recently revealed to have been a key player in helping Donald Trump to try and steal the 2020 Presidential election.) In response, Johnson offers a fascinating --- and amusing --- insight into how the House and its leadership work. That alone is worth tuning in for. But, the central point is that Committee and Subcommittee Chairs don't necessarily have the final say on what those committees may do and who they may call in for testimony. Moreover, as Johnson collegially chafes against some of those restrictions, he also underscores the need to "educate my colleagues about the power that we have and the need for us to use the power."

At "a political moment when the future of our democracy, our freedoms, are at risk," he notes, pressure from the public "has a lot of bearing" on what Committees and the Party itself in Congress are able and allowed to do.

As mentioned, tune in for this one for a much more expansive and colorful explanation on all of this.

Finally, Desi Doyen joins us for our latest Green News Report with a very "sexy" close to today's show...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/4/2022 9:39am PT  


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IN TODAY'S RADIO REPORT: Back-to-back extreme storms reveal the U.S. is not ready for climate impacts; Climate change is increasing summertime humidity; Big corporations launch ad blitz to sink Democrats' landmark budget deal; PLUS: America's first-ever national EV charging network is on its way... All that and more in today's Green News Report!

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