Today's BradCast is perhaps better listened to than explained. But here's a quick summary and some links for more details. [Audio link to full program follows this summary.]

We focus today on the largely peaceful pro-Palestinian protests that have sprung up on college campuses across the U.S. over the past week or two in response to Israeli Prime Minister Benjamin Netanyahu's punishing, ongoing assault of Gaza and the Biden Administration's facilitation --- reluctant or otherwise --- of that effort. Our central focus is on the responses to the protests here in the U.S. by counter protesters, media, politicians (including remarks by Joe Biden today), and, most disturbingly, armed riot police who seem to be touching off the bulk of the violence, or at least the eye-catching "if it bleeds it leads" scenes of chaotic confrontations that are easy to show on television news, whether they capture the truth of the moment or not.

As noted, today's program is better listened to than explained, I think. But, among the source material referenced in our coverage...

• L.A. Times: "More than 200 arrested as police dismantle UCLA pro-Palestinian camp"
• David Kurtz: "Another Wave of Campus Arrests Overnight as Police Intervene in Protests"
• Thomas Zimmer: "Student Revolt and the Curtailing of Critical Speech"
• MSNBC's Chris Hayes on American protests and proportionality.
• Rep. Alexandria Ocasio-Cortez (D-NY) on her response to young progressives or Arab-Americans who say they can't vote for Biden this year.
• Ernie Canning: "Third-Party Myopia v. Democracy's Survival"

As usual, I welcome your responses in comments below or via email. If you can keep 'em short and sweet perhaps I'll share them on the show.

Also today, Desi Doyen covers the damning new report [PDF] from Congressional Democrats exposing how the oil industry spent decades deceiving the public and sowing doubt about the dangers of burning the fossil fuels that are the primary drivers of our climate crisis. Internal documents reveal how Big Oil shifted from outright climate denial to a covert strategy of "deception, disinformation and doublespeak" to delay the transition to clean energy and preserve their profits --- publicly professing support for reducing emissions while privately lobbying against climate laws and regulations. The tranche of subpoenaed communications were the focus of a Senate Budget Committee hearing on Wednesday, with expert testimony delving into the details of the oil industry's ongoing efforts to mislead the public about fossil fuels and the climate crisis.

And finally, our latest Green News Report with a bit more on the above, and on the unforgiving costs the world continues to pay for it, including this week with extreme heat and storms in Asia and the oil industry-facilitated plastic pollution crisis across the globe...

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At a moment when, as President Joe Biden has aptly warned, both "democracy" and "freedom" will be on the ballot in November, third-party myopia poses a clear and present danger to survival of constitutional democracy in these United States.

Metaphorically, the word "myopia" refers to "cognitive thinking and decision making that is narrow in scope or lacking in foresight or in concern for wider interests or for longer-term consequences." It is a metaphor that, in this current cycle, can be applied to the Presidential campaigns of Green Party candidate Jill Stein, People's Party candidate Cornell West, and the independent candidacy of Robert F. Kennedy, Jr.

Third-party myopia lies in the near mathematical certainty that none of these three candidates can secure a single electoral vote, let alone the 270 needed to become the next POTUS. It also lies in the failure of progressive third-party candidates to recognize the potential for "blowback" --- for example, the creation of a supermajority of corrupt, democracy-subverting rightwing SCOTUS ideologues as an unintended consequence of past third-party Presidential campaigns. Myopia can also be found in the polemic canard that there's no ideological difference between the two major parties. That thinking is false on countless levels, but especially when it comes to the very core of our democracy: voting rights. On that score alone, the two major parties are polar opposites.

By their very nature, third-party campaigns are divisive --- a truly unfortunate circumstance at this pivotal moment in our nation's history. But if ever there was a time for We the People to unite in our resolve that, in the immortal words of Abraham Lincoln, "government of the people, by the people, for the people, shall not perish from the Earth", it would be on Nov. 5, 2024. Only "transformative solidarity" can save our precious constitutional democracy.

Here's why...

We were able to open up the phones today to listeners regarding last week's State of the Union Address, the GOP's stunningly failed Rebuttal, and what has become a seemingly annual debate on The BradCast over Daylight Savings Time --- about which I am right and everyone else, of course, is wrong. [Audio link to full show follows this summary.]

Before we get to those phones, we review and/or discuss...

• How I hacked Daylight Savings Time over this past weekend --- and how you can (and should!) next year too!
• Joe Biden's new budget proposal for fiscal year 2025 calls for the expansion of social programs and new taxes on corporations and the wealthy to pay for it and to shave $3 trillion off the national debt.
• Biden's new post-SOTU ad: "Look, I'm not a young guy. That's no secret! But, here's the deal..."
• How Donald Trump welcomed, and praised, Hungarian dictator Viktor Orban at Mar-a-Lago over the weekend, celebrating the rightwing strongman's rule: "He said this is the way it's gonna be and that's the end of it, right? He's the boss."
• 1,000 protesters against Israel's attack on Gaza marched near the Sunday's Academy Awards at the Dolby Theater here in Hollywood --- whether you heard about them or not.
• A few key points from Biden's rousing, lively, feisty SOTU Address (video | transcript) that drove the GOP crazy, and...
• The outrageous lie, told amidst Sen. Katie Britt (R-AL)'s incredibly bizarre SOTU Rebuttal, regarding a 12-year old girl who was held captive and repeatedly raped by drug traffickers at the U.S. southern border during the Biden Administration which, as we have subsequently learned, didn't actually happen during the Biden Administration nor even in the U.S. at all. (Here's journalist Jonathan Katz' full, well-documented evisceration of Britt's incredible border lie.)

Then, we open up the phones to callers on all of the above, including on the never-ending DST debate and the almost-as-important debate over the importance of re-electing Joe Biden to save democracy and, yes, Gaza...if either can be saved at this point...

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In the second loss for Big Pharma in less than a month, the Trump-appointed Chief Judge of the Delaware U.S. District Court rejected a Constitutional challenge to a law adopted by Democrats in Congress and signed by President Joe Biden which allows for the negotiation of drug prices for Medicare.

Last week, in a 45-page Memorandum Opinion issued in AstraZeneca Pharmaceuticals v. Becerra, Chief Judge Colm F. Connolly summarily rejected the drug manufacturer's assertion that provisions of the Inflation Reduction Act of 2022 (IRA), authorizing the Centers for Medicare and Medicaid Services (CMS) to negotiate prescription drug prices, violates the pharmaceutical industry's 5th Amendment rights.

The 5th Amendment provides that no person shall "deprived of...property without due process of law." A person (in this instance, a corporation) cannot be unlawfully deprived of a property right that does not exist.

The IRA, which President Biden signed into law on Aug. 16, 2022 --- an Act that every House Republican opposed --- reversed a provision of the Medicare Part D law, enacted in 2003 during the George W. Bush administration, which statutorily prevented CMS from negotiating prescription drug prices.

According to a press release issued by the Department of Health and Human Services (HHS), the government's ability to negotiate pricing is essential given that "the United States pays three times more for prescription drug prices than any other developed nation." The conservative federal judge in Delaware ruled that the 5th Amendment due process clause doesn't create a pharmaceutical property right to force the federal government to agree to pay those higher prices...

As I wrote here in 2010...

The point came to mind with a question posed during a recent CA U.S. Senate debate suggesting that many in the mainstream media remain trapped within this nation's irrational, post-9/11, global "war on terror" mindset. Trapped, as it were, despite President Joe Biden's sage (if ignored) advice to Israel's far-right Prime Minister Benjamin Netanyahu to not "repeat mistakes" the U.S. made in the aftermath of 9/11.

Paraphrasing a remark said to be made by an unnamed Biden Administration official, KTLA 5 moderator Frank Buckley asked primary candidate Rep. Barbara Lee (D-CA) whether she agreed that "peace [in Gaza] can only begin with the elimination of Hamas"?

After condemning the October 7th Hamas terrorist attack, Lee proclaimed that "a diplomatic and political settlement" that eventually included a "two-state solution" offers the only means for achieving peace and security. "Killing twenty-five to thirty thousand civilians is counterproductive to Israel's security." That's why, Lee explained, she was calling for a "permanent ceasefire"...

Somehow, all of the disparate stories on today's BradCast seem to come together in the end. Whether they make sense or not, we'll leave to you. [Audio link to full show is posted below this summary.]

Among our many stories covered today...

• We start with End Times. A plague of locusts --- of a sort --- across six counties in Nevada. And, yes, the infestation is thanks in no small part to climate change.

• It appears to be the end of the DoJ's 5-year criminal probe of Hunter Biden by a Donald Trump-appointed U.S. Attorney who President Biden allowed, upon taking office, to remain in his job to finish the probe. The younger Biden has agreed to a deal to plead guilty to two tax-related misdemeanors and will be allowed to avoid jail on an even less-often prosecuted gun-related charge which likely would never have been raised at all but for the fact that he is Joe Biden's son and Trump weaponized his Dept. of Justice against his political rivals.

• The federal judge currently overseeing Trump's stolen documents indictment in Florida. U.S. District Court Judge Aileen Cannon, has set an August 14 start date for the trial. Nobody, however, believes it will begin anywhere close to that date.

• Over the weekend, Trump continued to make his defense more difficult and ridiculous in the 37-count federal felony indictment he faces for charges under Section 793(e) of the Espionage Act related to retention of national defense information. He originally (wrongly) claimed that the Presidential Records Act allowed him to take anything he wanted from the White House upon leaving office and it would become his personal property. The Act does the opposite. Nonetheless, Trump blew that defense over the weekend, offering a different explanation for why he refused to respond to a DoJ subpoena requiring he return all documents during a very good interview by Bret Baier of Fox "News". The remarks will almost certainly be used against him at trial --- if one ever happens --- by Special Counsel Jack Smith.

• Another one of Trump's repeated lies (also attempted again during his interview with Baier) is that he declassified all of the highly classified documents he stole before leaving office. While there is no evidence in support of that lie, there is at least one document --- Document #19 in the indictment --- which can't be declassified solely by the Executive, as it pertains to U.S. nuclear weapons. According to the federal Atomic Energy Act, that highly classified record may only be declassified via a lengthy process that includes sign-off from the top officials at both the Dept. of Defense and Energy.

• Another recent defense of Trump's, this one hauled out the night after his arraignment last week, is that "the Espionage Act has been used to go after traitors and spies. It has nothing to do with a former President legally keeping his own documents." In fact, while the Espionage Act of 1917 does have provisions that "go after traitors and spies", it also has a provision that goes after anyone who "willfully retains" national defense information "and fails to deliver it to the officer or employee of the United States entitled to receive it." In fact, there are tons of folks in prison right now who you have never heard of, serving years after pleading guilty to a single count of what Trump has now been charged with in 31 counts. Many of those Americans, who neither spied nor transmitted the documents, were charged, convicted and sentenced between the time Trump became President in 2017 through today.

• And then there are those who are charged under the Espionage Act who should never have been. Reality Winner, for example, was an NSA contractor who stole a classified document detailing Russian interference in the 2016 Presidential election and unlawfully shared it with media in 2017. (Trump shared documents with media as well, according to his federal indictment, though, unlike Winner, not for altruistic reasons.) She was sentenced to more than 5 years in prison under the Trump Administration's Dept. of Justice, even after pleading guilty. She was neither a traitor nor a spy and said she "acted out of love for what this country stands for," in response to Trump's lies that there had been no Russian interference in the 2016 election.

• Which brings us to some thoughts about a different American whistleblower and hero, DANIEL ELLSBERG (pictured above). While working at a defense contractor in the 1960s, Ellsberg photocopied and leaked the so-called "Pentagon Papers" report to the New York Times and Washington Post in 1971. The 7,000-page classified document detailed U.S. lies and atrocities surrounding the Vietnam War. Though never identified by the media he leaked to, Ellsberg turned himself in to federal authorities despite facing more than 100 years in prison under the Espionage Act. The case was eventually dismissed due to government misconduct after the discovery of Nixon's dirty tricksters, E. Howard Hunt and G. Gordon Liddy, overseeing the break-in of Ellsberg's psychiatrist's office seeking incriminating medical records.

  For the next five decades, Ellsberg would go on to become an inspirational anti-war and anti-nuclear advocate, as well as a supporter of whistleblowers like Reality Winner, Chelsea Manning and Edward Snowden. He was also a longtime friend of both this show and The BRAD BLOG.

  Dan Ellsberg died last Friday at the age of 92 after a struggle with inoperable pancreatic cancer. He remains a hero and inspiration to many of us.

  His final appearance on this program was as a guest on our first show after The BradCast moved from a weekly to a daily program back in April of 2015. We share some of our conversation with Ellsberg from that day's show --- regarding the Obama Administration's aggressive prosecution of whistleblowers and a bit more --- on today's program.

• Finally, Desi Doyen joins us for our latest Green News Report, as early extreme summer weather slams much of the south while renewable energy saves the day in parts of Texas and reaches an encouraging new milestone across the rest of the nation...

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On today's BradCast: Amidst all the madness, we take a moment to revisit a continuing stain on the nation and what can be done about it, with a longtime friend of this program. [Audio link to full show is posted below this summary.]

FIRST UP, however, a few news headlines...

• The cost of our climate crisis strikes home for a huge swath of the nation, as smoke from hundreds of Canadian wildfires chokes American states from Minnesota to New York to the Ohio Valley to the Carolinas.
• Joe Biden's EPA announces it is sending $115 million to Jackson, Mississippi to begin repairing the city's long deteriorating water system. It's the first of some $600 million Congress has allocated to support long-overdue water infrastructure upgrades in the state's capital city, where more than 80% of the population is Black and drinking water supplies have repeatedly failed in recent years.
• The corrupt U.S. Supreme Court Justice Clarence Thomas has asked for another 90 days before filing his annual financial disclosures, following months of brutal investigative reporting revealing hundreds of thousands of dollars worth of his undisclosed luxury vacations, real estate deals and more with billionaire GOP megadonor Harlan Crow.

THEN, we're joined by Alabama's former Democratic Governor DON SIEGELMAN, who recently penned an op-ed at Washington Post with the state's former Republican Governor Robert Bentley. As explained in their piece, both men have come to "regret" overseeing executions during their time as the state's chief executive after witnessing, first hand, "the flaws in our nation's justice system" during their own prosecutions.

Siegelman discusses one death penalty case in particular, the 2000 execution of Freddie Lee Wright, which he says he is now "personally haunted by", telling me today that Wright "should never have been charged with capital murder in the first place. He was exonerated by a jury, 11-1 voted to acquit him of this crime. Then the D.A. came back and struck Blacks from the jury and got a conviction."

There are many other such cases, and he details a few of them. In fact, while AL currently has 167 people on death row, both Bentley and Siegelman write that "at least" 146 of them should have their death sentences commuted. Siegelman tells me he believes all of them should be spared from the barbaric practice of state execution.

He and Bentley are calling for several reforms of the criminal justice system, particularly as it applies to the death penalty. Siegelman details reforms he seeks for the secret Grand Jury system and the outrage of "judicial overrides" that allowed judges to overrule juries to issue death sentences and the lack of unanimous verdicts required for sentencing a convicted criminal to death.

Siegelman also discusses the politics of the death penalty, including during the time that he held the power to block executions as Governor. We discuss that awesome and horrible power as it is wielded by government officials today, even after all that we now know about the racial injustices of a Jim Crow era system that disproportionately targets people of color and has been found to have been exercised against innocent people in the cases of at least 12% of those who have been put to death.

"Here we are in 2023, still using a method that was devised after the Civil War as a way of thwarting a Black juror. The white power structure at the time had a unanimous verdict. But they said, 'No, you know, with Blacks being able to be on a jury, we can't risk not being able to put somebody to death when we want to, so let's go with a non-unanimous jury.' So that's where this relic of the Jim Crow era came from. It was purely a racist process."

"It is just wrong, certainly morally wrong, for Alabama or for any other state. Now Florida has even lowered the bar," notes Siegelman, citing a bill recently signed by Gov. Ron DeSantis. "Alabama has a 10-2 verdict. Florida has an 8-4 verdict, to make it even easier to put people to death by this relic of the 1870s."

"Until I was actually convicted of something that didn't exist except in the minds of the prosecutors, I thought that our system would somehow or another work itself out and be fair," he tells me. "But at the moment that I heard the word 'guilty' from the foreman of my jury, I said a prayer. It was instantaneous, more like a flash, asking God to forgive me because I remembered setting execution dates as Attorney General. And I remembered those that came before me while I was Governor asking that their sentences be commuted."

"But it wasn't even then that I realized how perverted our system of justice is. If in everything there is a purpose, or in every situation one should find a purpose, it was as if God was telling me, 'Okay, Governor, you see what's wrong. Now go fix it.'"

NOTE: We have covered Gov. Siegelman's personal story many times over the past two decades, before, during and after his time as a political prisoner as he was targeted for prosecution by a corrupt Republican cabal, including Karl Rove, state officials, and a federal judge who was eventually forced to resign after being arrested for beating his wife. Alabama's Governor from 1999 to 2003 and the only Democrat to serve in every statewide office, Siegelman tells his story in full in his 2020 book, STEALING OUR DEMOCRACY: How the Political Assassination of a Governor Threatens Our Nation.

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Today on The BradCast: Nobody knows what we'll learn when the indictment against Donald Trump is unsealed, hopefully on Tuesday, when he will reportedly surrender to arrest and arraignment in downtown Manhattan. But that hasn't kept Fox "News" and the rest of the Republican Party (including even folks like Jeb Bush, whose own political career was destroyed, in no small part, by Trump) from lying about all of it. It's what they do. [Audio link to full show follows this summary.]

We'll find out soon enough what the charges are, as brought by Manhattan District Attorney Alvin Bragg against the disgraced former President. But among the lies that Fox and friends are having trouble keeping straight: Is the indictment a "political prosecution" mean to harm Trump's chances of re-election in 2024? If so, why do they all keep claiming that the indictment is gonna help him win in 2024?

For the record, new polling since the indictment was confirmed last week show a huge bump for Trump in the Republican Primary contest against Ron DeSantis and others. On the other hand, new polling since last Thursday also reveals that a majority of Americans, in every single demographic, approve of Trump being indicted. We'll see if that holds after we finally learn what's in the New York charges.

But, as we now know, in no uncertain terms as of Judge Eric Davis' Friday blistering ruling against Fox in Dominion's $1.6 billion defamation suit, lying in order to dupe viewers is no accident. It is actually the Fox business model. They are not a news outlet and never have been. They are Republican activists and propagandists. Period. And the evidence in the case now makes all of that "CRYSTAL clear," as the court noted.

Of course, the Republican Party and Fox "News" also like to pretend that the Department of Justice declined to prosecute the charges they believe Bragg will be unveiling this week. They claim the DoJ examined, but decided against bringing charges related to Trump's hush-money payoff to porn star Stormy Daniels just before the 2016 election, and about the payments he made while serving in the White House to keep it all quiet.

But DoJ didn't decline to prosecute. In fact, Trump's own DoJ prosecuted Trump's own attorney Michael Cohen, who pleaded guilty and was sentenced to three years for his part in the conspiracy. At the time of Cohen's sentencing, both he and Trump's own DoJ admitted the scheme was "directed by" and "for the benefit of" Trump himself. That, before Trump's own Attorney General Bill Barr ordered the probe be shut down, according to Geoffrey Berman, Trump's own U.S. Attorney in New York. DoJ didn't "decline to prosecute," as Jeb and Fox and the rest of the Republicans have been lying.

Of course, given who Jeb's brother and father were, its little wonder he has joined the parade of Republican who now oppose criminal accountability for former Presidents of the United States.

Anyway, much more to discuss on today's show regarding the importance of accountability for criminal U.S. Presidents. And lots of good callers ringing in today in response. Tune in for the full program tonight before the "fun" really begins as of Tuesday in New York City. Buckle up...

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Accountability still matters. Even for apparent Presidential misdeeds from more than 40 years ago, as discussed on today's BradCast. [Audio link to full show follows this summary.]

Last week, New York Times' Peter Baker had quite a scoop. Ben Barnes, an 85-year old, longtime Democratic operative from Texas, detailed his claim that he and former Democratic Texas Governor turned Republican Presidential candidate John Connally took a trip through Middle Eastern capitals in the summer of 1980 to help convince Iran to not release the 52 Americans being held hostage until after that year's election.

His claim was that Connally, eyeing a cabinet role in the Reagan Administration, was hoping to send the message to Iran that they would get a better deal with Reagan than with Carter. Barnes said the pair were debriefed upon returning stateside by Reagan campaign manager and, later, CIA Director, William Casey. The campaign was reportedly terrified that Carter would win the release of the hostages that year in what would become known as the "October Surprise".

Instead, the hostages were ultimately released within an hour after Reagan being sworn in in January of 1981.

Our guest today, RUSS BAKER, (no relation to the Times' Peter Baker), is a longtime investigative journalist, author and now Editor-in-Chief of WhoWhatWhy.org. He has personally known Barnes for years and tells us that he isn't buying his story in the Times, said to have been revealed now by Barnes because the 98-year old Carter, who recently began hospice care, deserves to know the truth about what really happened.

Baker has been investigating the claim for decades that Casey himself engineered the "traitorous" deal on behalf of the Reagan camp and finds that explanation far more plausible than the Barnes/Connally scheme. Baker wrote his own response to Peter Baker's exclusive in a detailed newsletter article over the weekend headlined "The Iran Hostages, Carter, Reagan, and Bush: What the NY Times ‘Scoop’ Missed."

But whether it happened as Barnes claims or in some other way, Russ Baker, author of the 2009 best seller, FAMILY OF SECRETS: The Bush Dynasty, America’s Invisible Government, and the Hidden History of the Last Fifty Years explains why all of this still matters 43 years later; how the corporate media has largely ignored what would have been an extraordinary scandal by the Reagan campaign, George Bush Sr.'s role in all of this, and how different the world would likely be today if not for Reagan's defeat --- by hook or by crook --- of Carter.

"If Reagan had not been elected, I think it's safe to say that George HW Bush would not have been elected President himself," Baker tells me. "Then we wouldn't have had the Gulf War. His son wouldn't have become President and we wouldn't have had the Iraq War. You might not even have had 9/11, frankly, because a lot of the anger that generated these activities that led to 9/11 [which] had to do with policies that were carried out by these presidencies. Maybe even more importantly, there are huge differences between Democratic and Republican Administrations around climate change. Think of what would have happened if Al Gore had been President. You can be pretty sure we would have had a very different policy years ago about climate change. So our very ability to continue to live on Earth may have been affected by all of these things."

"I don't think they would have changed the media ownership laws. I think there would have been a lot more regulation. I don't think you would have even had a Rupert Murdoch and a Fox News. I don't think you would have had the current composition of the Supreme Court and all of their rulings for business and the wealthy. I think campaign contributions would have been restricted, and that would have changed Congress itself," He continues. "So whatever you want to pick, I think it basically was a coup, by making sure Carter didn't get re-elected. And all of these regimes since then were extensions of that coup government. With some partial breaks, I would say --- people like Clinton and Obama, very very limited in their ability to do much. I think their hands were largely tied. So a very profound change to everything as a result of this October Surprise situation."

As to the corporate media's failure in all of this, it's not that they won't hold Presidents and candidates accountable, says Baker, as he lists a bunch of Democratic candidates and Presidents whose "scandals" have been covered in great detail by the media, "but they seem to go hard only on certain people, and not always for the right reasons."

There is much more to tune in for in today's conversation that it'd be impossible to summarize here.

Finally, we close with some news of the day, including the huge, deadly tornado that ravaged parts of rural Mississippi over the weekend, and the connection to climate change, as Desi Doyen joins to explain.

Also, we have the latest on today's mass shooting at a private Christian elementary school in Nashville, Tennessee, where three 9-year old and three adults were murdered by an assault weapon-wielding 28-year old woman. It was the 129th mass shooting of the year in the U.S., according to CNN and the Gun Violence Archive.

As the breaking news of the shooting was being broadcast live today on Fox "News", a woman whose family was victim to another recent school shooting in a different state happened to be visiting Nashville. She briefly took over the cameras to explain how tired she was of all of this. Fox, after breaking away and then returning to the woman several times, finally cut her off, with anchor John Roberts concurring that he and his colleagues are, in fact, also becoming tired of the carnage. But are they really? You certainly wouldn't know it from all the activism that Fox "News" does in favor of elected officials who continue to block any and all rational gun safety legislation.

We have a few words for Roberts and Fox in response at the end of today's program...

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In what appears to be a momentary pause (of sorts) in the Indictment Watch this week for our disgraced former President, we take the opportunity on today's BradCast to make sure you're up to date with what our guest today describes as "the most important election of the year." [Audio link to full show follows below this summary.]

Before we get to that guest today, even with the momentary break from the likely criminal indictment for Donald Trump in New York, there was quite the extraordinary flurry of activity overnight (literally) in Special Counsel Jack Smith's federal grand jury investigation of the thousands of documents --- many highly classified --- that Trump stole from the White House upon leaving office.

Last week, D.C.'s Chief District Court judge Beryl Howell, in a sealed ruling, ordered Evan Corcoran, one of Trump's attorneys in the Mar-a-Lago stolen documents case, to give both documents (reportedly including transcripts of audio tapes!) and testimony to the grand jury. Corcoran had previously invoked attorney-client privilege to avoid testifying about his conversations with Trump. But Howell reportedly viewed evidence leading her to determine there was a prima facie case that Trump used Corcoran in the furtherance of yet another crime, thus piercing the attorney-client privilege with the fraud-crime exception to it.

Trump appealed Howell's Friday order to the D.C. Circuit Court of Appeal which, last night, issued an administrative stay while ordering Team Trump to submit their brief in the appeal by midnight last night! They further ordered the DoJ's response to it by 6 a.m. this morning! Longtime attorneys and prosecutors were stunned by the unheard of speed in the court's scheduling. Some suggested that may be a sign that federal judges are fed up with Trump's stalling tactics. Others suggest the emergency order signaled "an urgent issue of National Security" was at stake or even "potential espionage." Yikes! We discuss.

In any event, late this afternoon, the three-judge Appeals Court panel lifted the stay on Howell's ruling and ordered Corcoran to both turn over the documents in question and testify to the grand jury. Trump could still appeal to the U.S. Supreme Court, but it's believed he'll be no more successful there on this motion. Much more to come in this case.

Next, we're joined by longtime progressive journalist, author and Wisconsin native JOHN NICHOLS, National Affairs Correspondent at The Nation and Associate Editor at Madison WI's Capitol Times, to discuss this bizarre moment in Presidential accountability history and the extraordinarily heated, expensive and important WI state Supreme Court election now underway. Early voting began this week for the April 4 contest that may finally flip control of the state's high court to liberal jurists for the first time in 15 years.

Nichols explains why the supposedly non-partisan race --- between liberal Milwaukee County Circuit judge Janet Protasiewicz and far-right former state Supreme Court Justice Daniel Kelly --- is so critical to both Wisconsin and to the rest of the nation in advance of the 2024 Presidential election in the battleground state.

The Protasiewicz camp has accused Kelly, who was unseated from the high court in 2020 after being soundly defeated, of receiving $120,000 from the Republican Party to advise them on overturning that year's Presidential election results in the Badger State, via the failed "fake electors" scheme. Protasiewicz also describes Kelly, who is endorsed by several anti-abortion rights groups as a "radical" "extremist".

For his part, Kelly's campaign characterizes Protasiewicz as "soft on crime", "woke", and several other standard GOP smears that may not be quite as effective as Republicans think, according to Nichols.

That said, there are ton of issues likely to come before WI's high court in the coming months and years that will have a huge impact on both Badger State residents and the rest of the nation, including the validity of the state's 1849 abortion ban "that Republicans want to reanimate," as Nichols explains; the state's recent "anti-labor laws that [former Gov. Scott] Walker" enacted; "a chance to undo gerrymandering to make sure that voting rights are protected and elections are fair," not to mention rulings that could determine who ends up winning the 2024 Presidential election in the state, where, Nichols notes, "four of our last six Presidential elections in Wisconsin were decided by under 25,000 votes" out of more than 3 million votes cast.

"Bottom line is," Nichols tells me, "if you end up with a 4-3 liberal majority on this court that actually looks at cases in a fair and reasonable way," there are myriad rulings from the last 15 years of far-right state Supreme Court control that could finally be reversed.

Among other topics discussed with Nichols today: Whether, after well over a decade of covering WI Supreme Court elections, we will finally see it flip on April 4; a point of disagreement regarding whether judges should be forced to compete in elections at all, much less in so-called "non-partisan" ones like those in WI; and his new best seller, just published with co-author Bernie Sanders, titled It's Okay to be Angry About Capitalism.

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Looks like Donald Trump was not "ARRESTED ON TUESDAY" as he lied (again) to his easily-duped followers over the weekend. But, just to put this up front on today's BradCast: We reject the notion that indicting the former President in relation to a hush-money payment made to help him win the 2016 Presidential election --- and the payments made while he was in the White House to cover it all up --- is a "minor crime" not worth indicting a former President for. [Audio link to full show follows this summary.]

That point is explained in much more detail on today's program, along with other related stories and important points, as the GOP begins to collapse in on itself...

• Given that no U.S. President has ever been indicted, nobody knows how (or if) this will work out, and what will happen after Manhattan District Attorney Alvin Bragg in New York (or Fani Willis in Georgia, or Special Counsel Jack Smith at the federal level), actually brings an indictment against Trump. That is, presuming one or more of them actually do, as we also discussed with callers on yesterday's program.

• A so-called "liberal" at Facebook was critical of our coverage yesterday, even if he doesn't appear to have either listened to it, or even read the item we posted along with it. His critique seems to be that, on this week's 20th Anniversary of George W. Bush's unlawful, accountability-free invasion of Iraq and the war crimes that followed it (as discussed yesterday as well), we shouldn't be wasting time discussing accountability for Donald Trump. He is wrong for a host of reasons...

• ...Several of which also happen to be discussed in Will Bunch's newsletter at Philly Inquirer today, headlined "U.S. presidents and their crime spree since 1968." Bunch concludes his piece with this on-point observation:
  So let me get this straight: We look the other way when our leaders oversee war crimes or greenlight torture or commit quasi-treason with foreign adversaries because the American presidency is too big to fail, but we're also going to ignore a cut-and-dried lower-level crime because it's too small? I'd argue that charging Trump with violating a law that applies to 333 million other Americans is a first baby step toward undoing 55 years of gross injustice, and it's long overdue. We need to rediscover that it's still illegal even when a president does it.

• Meanwhile, as GOP House Judiciary Committee Chair Jim Jordan (along with the Republican chairs of the Oversight and Administration Committees) is demanding NY D.A. Bragg come in to testify and turn over all documents from his criminal grand jury probe of Trump --- before any indictment has even been issued --- it seems worth noting that Congressional subpoenas are now optional. Jordan and House Speaker Kevin McCarthy and several other GOP members made that clear last year when they ignored similar requests from the House January 6 Committee and faced no accountability for their Contempt. Nonetheless, they are apparently hoping to weaponize the federal government at this point to prevent elected state law enforcement officials from doing their job of fighting crime.

• All of that, while Bragg is reportedly considering whether Trump will be forced to carry out the same "perp walk" that all other white collar criminals facing felony crimes in NYC must face, or whether a former President should be given special consideration for some reason.

• At the same time, in the wake of Trump exhorting supporters to "PROTEST, PROTEST, PROTEST!!!", very few seem to be answering his call so far. That may be because many of them reportedly believe it's all a trap by the Feds! (Marjorie Taylor Greene, however, believes there's no need to protest, because any indictment of Trump only assures he will be re-elected in 2024. Maybe. Though it begs the question as to how other Republicans, like Jordan and Trump himself, can claim that indictments are only being brought to hurt his chances in 2024.)

• And while all of those rightwingers collapse in on themselves, Fox "News" appears to be doing the same thing. A producer named in Dominion Voting Systems' $1.6 billion defamation suit against the Republican propaganda outlet is now suing Fox, claiming misogyny by Tucker Carlson and his staff and that she and Maria Bartiromo are being sacrificed by the company for their false reporting on fraud in the 2020 Presidential election. She is also charging she was coerced by Fox attorneys into offering misleading testimony in the Dominion lawsuit. As Media Matters' Angelo Carusone told us on this show several weeks ago regarding the damage that Dominion's suit may due to Fox: "It's sort of like a Jenga puzzle. Pulling one block is not going topple it down, but its certainly gonna make it a lot more vulnerable to toppling. The tiniest little breeze will probably knock the rest of it over." --- Well, it's getting pretty windy at Fox "News" these days.

• Finally, Desi Doyen joins us for our latest Green News Report, including news on the 12th(!) major winter storm now slamming California this season; unprecedented heat records smashed in Argentina; and the latest warning from the U.N. that the window for avoiding catastrophic, irreversible damage to the climate is almost closed, requiring an unprecedented worldwide effort to radically cut fossil fuel emissions before the end of this decade...

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I have no idea what this week is going to bring. As noted on today's BradCast, nobody, save for (maybe) the Manhattan District Attorney does. And I suspect even he is largely flying blind about what happens once (and if) Trump is ultimately indicted in New York State. [Audio link to full show is posted below this summary.]

Before we get to discussion about that --- and callers on the same topic --- today is the 20th anniversary of the U.S. invasion of Iraq. As we said at the time, and have been saying for the 20 years since, we were lied into war under false premises by the George W. Bush/Dick Cheney regime. In the bargain, hundreds of thousands of Iraqis were killed and about 5,000 Americans. No weapons of mass destruction were ever found. More disturbingly, no one was ever held accountable for that pointless war and the lies that were told to get us there.

Back in 2003, 66% of Americans supported the invasion, in no small part because opposition voices in the U.S. were largely shut out of the mainstream media conversation. Now, 61% of Americans, according to new polling, think that war was a mistake.

And, because there was never any accountability for the war criminals, guys like Florida Gov. Ron DeSantis are considered to be front-runners to become the next Republican nominee for President of the United States. That, despite the fact that, as Washington Post detailed over the weekend, DeSantis played a key role in torturing detainees with forced-feeding at Guantanamo Bay while he served as a 27-year old Navy lawyer there.

Meanwhile, now playing the part of imperialistic invader and war criminal is Russia and its leader Vladimir Putin, who the International Criminal Court on Friday issued an arrest warrant for, accusing him of abductions of thousands of Ukrainian children since his unlawful invasion just over one year ago.

If you're wondering just how terrible Putin actually is, please do yourself a favor soon and watch last week's Academy Award winning Best Documentary, Navalny (currently available via HBO Max and Amazon Prime). As discussed today, it is jaw-dropping. For a whole bunch of reasons. And, don't worry, it's also uplifting and hilarious at times...even as we see, live and as it happens, the attempted assassination of Russia's incredibly likable opposition leader, Alexei Novalny, and the remarkable moment when he actually tricks one of his own would be assassins into confessing to his attempted murder. All caught live on camera!

Then, we get to the story that I have a feeling we'll be covering for some time on this program: the first criminal indictment of a U.S. President in our nation's history. It may finally happen this week in New York (emphasis on "may"), thanks to Manhattan D.A. Alvin Bragg. He is believed likely to bring charges against Donald Trump related to the hush-money payments the disgraced former President made to porn star Stormy Daniels to cover up a sexual affair. That payoff, carried out at his direction by his then-attorney Michael Cohen, helped Trump win the 2016 Presidential election. Cohen went to jail for it. Trump never did. At least not yet.

Trump is almost certainly not going to be "BE ARRESTED ON TUESDAY", as he claimed in a panicked, weekend, ALL-CAPS statement on his social media site. Tuesday is seen as the earliest time he could possibly be indicted by a Grand Jury in New York. But, even if so, he will not be "ARRESTED" by New York law enforcement officials in Florida, where he now lives.

If Trump finally is indicted on criminal state charges, whether it's this week or next, will he actually go back to New York to turn himself in? Seems unlikely. But, if not, then what? Would NY ask Ron DeSantis' Florida law enforcement to arrest and extradite Fugitive Trump from Mar-a-Lago? Also seems unlikely, even with DeSantis believed almost certain to run for the GOP's 2024 Presidential nomination against Trump. Will Trump's supporters actually "PROTEST, PROTEST, PROTEST!!!" as the cowardly ex-President is begging them?

And why are House Republicans, led by House Judiciary Chair Jim Jordan --- who pretends to support law and order --- now actually weaponizing the federal government to try and undermine Bragg's case?

In fact, nobody knows what is coming next. There is no playbook for what is about to happen --- whether it happens this week, or next, or even in a different state, like Georgia. But it does seem to be a good day to open our phones to listeners on the topic, to talk about it all and get their best guess about what where things go from here.

Tune in for all of that and much more on today's program!...

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As discussed on today's BradCast, support for labor unions in the U.S. is now near all-time highs. At the same time, the lawlessness by major companies willingly and repeatedly violating labor law is through the roof. [Audio link to full show is posted below.]

Last week, by way of just one example, a federal Administrative law judge found Starbucks had committed "egregious" violations of labor law in just one case that combined unfair labor practices charges at 21 union stores in the Buffalo, New York area alone. In fact, the National Labor Relations Board (NLRB) has brought some 75 complaints against the coffee company accusing them of more than 1,000 illegal actions over just the past year or two.

Despite a newly aggressive, pro-labor, pro-union NLRB under President Biden and an explosion of unionization efforts over the past two years at hundreds of shops and facilities owned by firms like Starbucks, Amazon, Apple, REI and Chipotle, those companies have spent tens of millions on attorneys specializing in breaking unions, according to our guest today.

DR. NELSON LICHTENSTEIN, author and longtime professor of labor history at Univ. of California, Santa Barbara, joins us today to discuss both the successes and obstacles faced by the new union movement rising in the U.S. since he was here in 2021. While the companies mentioned have long attempted to project a friendly, progressive image to the public, they have been very aggressive in attempting, frequently unlawfully, to block unionization of stores and facilities around the country. Firing workers who support unions; shutting down shops where union votes have been requested and/or have succeeded; and, where union votes have succeeded, companies have simply refused to negotiate union contracts. That "is par for the course," Lichtenstein argues.

He cites "almost fifty years of specialized anti-labor law firms" now being employed by those companies. "And it works! Why change it?," he quips. "Despite the public relations hit that it has had for Starbucks and the other companies, the managers had their meetings, they've run the numbers, they've decided they'll take a small reduction in their growth and it's worth it."

"The tremendous push-back is really a tribute to the importance of unionism," says Lichtenstein. "The official line of these companies is '[unionization is] not going to change anything!'...While they are moving heaven and earth to stop the union."

Lichtenstein describes "the most aggressively pro-labor" NLRB in decades, noting "they don't have much money and they're putting together real indictments of these companies. The problem is that the NLRB doesn't really have any disciplinary tools at its command. The penalties for breaking the law are really minuscule." And, with those small penalties, these anti-union companies have simply decided that repeatedly and "egregiously" violating the law is merely the cost of doing business.

Republicans in the last Congress blocked passage of the federal Protecting the Right to Organize (PRO) Act which would make many of these violations much more painful for company management. But, Lichtenstein explains, there are already laws on the books --- both anti-trust and RICO statutes --- that could be used by the federal government to bring anti-union companies to heal by making them feel real pain for violating the law.

We discuss all of that and much more today, including what Lichtenstein attributes to the recent rise in support for unions and unionization, and whether he is optimistic or pessimistic about the current state of labor and the new unionization movement.

Also today, Desi Doyen joins us to explain some very big news from over the weekend on protecting the planet's oceans, after the U.N. sealed a landmark deal in overtime on Saturday, following a nearly 20-year effort for the framework of the U.N. Convention on the Law of the Sea. The breakthrough agreement, as she details, will help protect about 50% of the world's "high seas" which are currently outside national boundary waters or otherwise protected only by a patchwork of regional agreements.

And finally, with the clocks mercifully changing once again to Daylight Saving Time this coming weekend, it's time for our annual call to make it permanent. Once again this year, we are backed by a bipartisan effort in both the House and Senate to do just that...

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As we've advised many times on The BradCast, accountability takes a while. Particularly when you're talking about criminal accountability for a President of the United States for the first time ever. [Audio link to full show is posted below this summary.]

We're joined today, for the first time in several months, by perhaps the one person who may know nearly as much (and, in some cases, even more) about the many criminal cases against Donald Trump than the many prosecutors currently considering indictments against him for those crimes.

Longtime, independent national security and accountability journalist MARCY WHEELER of Emptywheel.net joins us for the full hour today. There is now just too much going on all at once in the various federal investigations being overseen by Special Counsel Jack Smith (not to mention the several criminal and civil probes underway in Georgia and New York), to fit into a single segment.

We dive into details with Wheeler on both the probe of Trump's hundreds of stolen, classified documents recovered by the FBI last year at Mar-a-Lago, and the ongoing investigation of the broad conspiracy surrounding the Trump-incited January 6, 2021 insurrection at the U.S. Capitol (and his many other attempts to steal the 2020 election.)

Among the many points and questions discussed with Wheeler on today's show...

ON SPECIAL COUNSEL JACK SMITH:

• Where is he? Literally. And why are there no known new photos or videos of him Special Counseling?
• And what, if anything, does his incredibly low profile tell us about the work that he is doing?

ON THE TRUMP STOLEN DOCUMENTS PROBE:

• What does this week's news that Smith is hoping to pierce the attorney-client privilege by invoking the crime-fraud exception to force federal grand jury testimony from Trump attorneys like Evan Corcoran actually mean? And, is it true, as the New York Times reported on Tuesday, that Smith's motion to do so is "an aggressive new dimension to the inquiry"?
• What exactly is the crime being investigated that Smith contends took place between Corcoran and Trump that would nullify the attorney-client privilege?
• What do we need to know about this past weekend's startling news that Team Trump has now turned over still more classified documents and that some of them were reportedly scanned onto a laptop computer (and thumb drive) said to belong to a Trump aide at his main fundraising PAC?
• Why weren't those documents found at Mar-a-Lago during the FBI's very thorough search last August?
• Should we be concerned that more classified documents are out in the wild after being digitized and shared with others?
• Where are the dozens of documents that were previously in the now-empty classified document folders recovered by the FBI last August? And, is Trump's claim that he kept empty classified document folders as trophy keepsakes even plausible?
• Does the discovery and quick return of a handful of classified and other Presidential records found by aides at the offices and residences of Joe Biden and Mike Pence make any difference in a potential decision to charge Trump for having stolen thousands of documents and then lying about them to federal officials?

ON THE JANUARY 6 CONSPIRACY PROBE:

• Mike Pence has now been subpoenaed to testify before the grand jury investigating the January 6 attack. He says he will challenge the subpoena based on the Constitution's "speech or debate" clause that, he claims, prevents him --- as President of the Senate on January 6 --- from having to answer questions by the Executive Branch. That, after Pence previously refused to testify to the House J6 Committee on the basis of separation of powers and Executive privilege.
• Many are describing Pence's defense "novel", but Wheeler (and I) recall when the previous Republican Vice President, Dick Cheney, hoping to also have it both ways, attempted to play the exact same hand to avoid testifying to both the Legislative and Executive branches during the George W. Bush era.
• In any event, will Pence's ploy work? And, if so, will it prevent Smith from being able to bring indictments?
• How do the recent guilty verdicts for Seditious Conspiracy, in the trials of a number of rightwing Oath Keepers militia members (and the ongoing trial of racist Proud Boys members), affect potential indictments of the former President?
• Is it likely that the DoJ will simply take the "Al Capone tax evasion" route by charging Trump with a simpler crime, such as wire fraud, based on his fundraising scheme that raked in some $250 million after the 2020 election for an "official election defense fund" that didn't actually exist?
• And, by the way, can a former President --- with a 24/7 Secret Service detail and all of that --- actually be sent to prison in the event he ever actually is indicted, convicted and sentenced?

As you can tell, just a few things to discuss with Wheeler today. And, as usual, she offers a ton of important, smart and keenly-informed insight!...

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In the first 43 days of 2023, there were 67 mass shootings. This is America. What, if anything, are we ever gonna do about it? Welcome to today's BradCast. [Audio link to full show follows this summary.]

Among the many stories covered today...

• Three students were killed, five were in critical condition at Michigan State University's East Lansing campus as we went to air today, following yet another mass shooting massacre on Monday night. "Run, Hide, Fight" was the message texted to students by MSU at 8:31pm, as gun fire broke out. That might as well be the national anthem for a generation of students who grew up in the wake of the demise of the federal Assault Weapons Ban. It was allowed to expire in 2004 by George W. Bush and every terrorist-supporting Congressional Republican who, since then, has refused to renew it. They have chosen to place support for their donors in the deadly gun industry over the lives of tens of thousands of Americans killed by guns each and every year since. Horrifically, some of the students victimized by Monday's shooting at MSU had also lived through another mass shooting at their high school back in 2021.

• The author of the now-sunsetted 1994 federal Assault Weapons Ban, U.S. Sen. Dianne Feinstein (D-CA), announced today that she will not be seeking reelection next year. The news was not a surprise. Three Democratic House members --- Katie Porter, Adam Schiff and Barbara Lee --- have already announced or made clear their intentions to run for the 89-year old Senator's seat next year. Feinstein's political career was formed, in no small part, out of gun violence after she personally attempted to save the life of Harvey Milk after the assassination of the San Francisco City Supervisor and then-Mayor George Moscone. She was elected to replace Moscone as Mayor and eventually became California's first female Senator. Today we share just one of the petty, ironic, patronizing attacks against her on the floor of the U.S. Senate in 1993 --- by a later-discredited Republican Senator --- during her successful campaign to pass the landmark gun safety legislation.

• Former South Carolina Governor and Donald Trump's U.N. Ambassador Nikky Haley released a video on Tuesday declaring her intention to run for the 2024 Republican Presidential nomination. In it, she claims, "I don't put up with bullies". But her history as a 2016 Trump critic --- of his lying, support for the KKK and more --- before then choosing to become his U.N. Ambassador and sing his praises for years thereafter, suggests otherwise. That said, Trump, for reasons we explain today, is delighted to have her in the race.

• A lot of horrible stuff came out of Donald Trump's endless lies about voter fraud and his evidence-free claims that the 2020 Presidential election was stolen from him when, in fact, he was actually trying to steal the election from Joe Biden and the American people. There was his deadly 1/6/21 insurrection at the U.S. Capitol, followed by a host of newly restrictive voting laws adopted by Republican-controlled states, using his false claims of fraud as cover for new means of voter suppression. But, in a (very) few cases, some GOPers have figured out that the computer voting systems and tabulators their party has supported for years, actually make it more difficult, if not impossible, for Americans to oversee the results of their own elections. Last month, a court in rural Cleburne County, Arkansas mandated a change from computer tabulated elections to hand-marked and hand-counted paper ballots. The group who pushed the measure hopes to do the same in the state's 74 other counties. At the same time, the County Clerk in Nye County, Nevada --- which moved last year to a hand-count protocol as a parallel tally to its computer tabulation --- says that the hand-counts by some 200 volunteers in the rural county were ultimately more accurate than the computer tallies. (Just as we've been trying to tell ya for about 20 years now.)

• Also, some important news was broken by the Washington Post over the weekend. But it was largely buried by the media's over-inflated panic about "balloons". As it turns out, Donald Trump's campaign paid some $600,000 to a research group in late 2020 for a study on that year's election results. Specifically, the firm was tasked to ferret out any possible evidence of fraud in six key swing-states that might have swung the election from Trump to Biden. As one of those familiar with the study explained to WaPo: "They looked at everything: change of addresses, illegal immigrants, ballot harvesting, people voting twice, machines being tampered with, ballots that were sent to vacant addresses that were returned and voted. Literally anything you could think of. Voter turnout anomalies, date of birth anomalies, whether dead people voted. If there was anything under the sun that could be thought of, they looked at it." But the results of the study were never released. Why? Because the well-paid researchers were unable to find any evidence that the election was stolen, fraudulent or even in error in anyway. The results were given to Trump, however, in December of 2020. Nonetheless, days later, on January 6, 2021, he continued his lies anyway, leading directly to the deadly insurrection at the Capitol, for which he has yet to be held to account in any way.

• Finally, Desi Doyen joins us for our latest Green News Report, with the wildly under-reported news of the chemical train derailment, fire and controlled release of toxic chemicals in East Palestine, Ohio last week; After ExxonMobil declared record profits last year, they have signaled their intent this year to do away with their algae biofuel research scam they've been green-washing their company with for years now; And some seemingly good news for EVs following Sunday's Super Bowl...

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