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

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

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

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

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

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

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

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

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

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

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

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Okay. The best way to take in today's BradCast is simply to listen to it. That is almost always the case, but especially today. The stuff you are tuning in for is likely right up front today. [Audio link to full show follows this summary.]

I have been hearing from a lot of listeners of the show and readers at The BRAD BLOG since the election, especially on the heels of our coverage last week of a letter sent to Vice President Kamala Harris by a group of top-flight computer scientists and cybersecurity and voting system experts, explaining to her why they are strongly urging her to seek hand-recounts of ballots in several battleground states. I covered their 5-page letter [PDF] in detail on our show last Thursday, along with my interview with longtime University of South Carolina computer science professor and voting system expert, Duncan Buell, one of the signatories.

Around the same time, a longtime financial services security expert, Stephen Spoonamore, who I've known for many years, also begin describing his own concerns about the reported results of the November 5th Presidential election, and has now sent two "Duty to Warn" letters to the Vice President (here is his latest) also recommending she ask for hand-recounts in several battleground states.

While the group of experts cite well-documented evidence of Trump supporters unlawfully breaching proprietary voting systems, copying its software and distributing it across the Internet following the 2020 election, in states including Georgia, Michigan, Pennsylvania and Colorado (for which several have been charged and/or convicted with felony crimes), Spoonamore's worries are a bit more speculative. He is concerned by his analysis of a reportedly high number of what are known as "Bullet Ballots", which include one single vote (in this case, for Trump for President) and for no one else on the ballot. He augments that concern with what he fears could be a related bevy of hoax bomb threats in largely Dem-leaning jurisdictions on Election Day, said to have come from Russian email domains, as well as the use of Trump supporter Elon Musk's Starlink Internet system in a number of places.

My opening monologue today speaks to all of those concerns, as shared by many Harris supporters who --- not unlike Trump supporters in 2020 and Clinton, Sanders and Kerry supporters in years past --- are suspicious of the reported results of the election. I try to offer some much-needed clarity about what Spoonamore, somewhat misleadingly, described originally as Bullet Ballots, cast at a suspiciously high rate in some battleground states, but not in immediately neighboring states, as well as his other allegations.

Many more details in the show, right up at the top, if you want to give it a listen. But, the long and short is this: It doesn't matter what one's reasons may be for a lack of confidence in the reported results, as currently tallied almost entirely by computer tabulators, either correctly or incorrectly. The only way to answer those concerns, and to determine if the results were tabulated accurately, is with a public hand-count of ballots, either in whole or even in a smaller audit of a random sampling of precincts to ensure computer-reported results accurately reflect the intent of voters.

That has been true for the two decades that I have been reporting on these issues and similar concerns --- sometimes justified, sometimes not (again, it doesn't matter) --- whether they come from Republicans or Democrats or third-party voters. Publicly hand-counting paper ballots (hopefully hand-marked paper ballots!) is the only way to possibly gain confidence among those in the electorate who are suspicious, rightfully or not, about reported results. Public hand-counts remain the Gold Standard for democratically conducted elections --- no matter how many in the media, or even in the "elections industry", misleadingly suggest otherwise.

When you really REALLY need to know who won the closest of elections, you publicly hand-count the ballots. Doing so, by the way, is not always dispositive. There are still sophisticated ways to defraud even a publicly hand-counted election. But it's the best and easiest place to begin.

As noted, there is much more specific detail in my coverage of all of this today, including, for example, news on a hand-counted audit of several precincts this week in Centre County, PA, following a still-unexplained problem uploading absentee ballots into the County's tabulator system on Election Day. So, for those who have touched base with me about any or all of these related concerns, please tune in today!

ALSO TODAY...

• Speaking of counting votes in Pennsylvania, hedge-fund CEO and Republican U.S. Senate candidate Dave McCormick currently leads three-term Democratic Senator Bob Casey by about 17,000 votes, or about one-quarter of one percent, out of nearly seven million votes tallied in the contest. A recount is set to begin shortly, and Counties may choose to count ballots either by hand (please do!) or by a different computer-tabulator than those used to tally them originally. But all of that is taking place amid a legal battle that has stretched on for years, concerning whether absentee ballots, which are known to have arrived on time, but with missing or incorrect dates on their outer envelope, should be counted. A number of counties led by Democrats say yes, they should be counted and that the dates are meaningless. That is true and almost everybody --- even many Republicans, including McCormick who sued to include such ballots in the count when he narrowly lost a 2022 GOP primary --- agree! But, in response to lawsuits filed by 2024 Dave McCormick joined by the Republican National Committee, the Pennsylvania Supreme Court ruled on Monday that, no, those votes may not be counted this year, since (terrible) state law mandates they may not be. More details, as usual, on today's program.

• Yesterday on The BradCast, we discussed the importance of full and proper FBI vetting of nominees to top Presidential Administration posts with former Deputy Asst. Attorney General and former Chief Counsel for Nominations in the US Senate, Lisa Graves. Instead, Donald Trump's team has hired a private firm to vet potential nominees. Graves explained how such background checks are critical for ensuring that top government officials do not have leverage that may expose them to blackmail, etc. Well, new details now coming out about the allegations of sex trafficking of 17-year old girls by Trump's nominee for U.S. Attorney General, Matt Gaetz serve as a reminder of how important that is. The fact that files said to detail evidence and testimony on some of the most illicit and disturbing charges against him were reportedly hacked from a law firm on Monday puts a huge, blinking, screaming red flag next to that point!

• Finally, Desi Doyen joins us for our latest Green News Report as Trump nominates climate science deniers and fossil fuel profiteers to top environment-related cabinet posts, and as President Biden visits the Amazon Rainforest to tout some of his landmark achievements taking on climate change...before Donald Trump returns to office and works to reverse much of that critical progress...

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IN TODAY'S RADIO REPORT: Trump nominates climate science deniers and fossil fuel profiteers to head key federal agencies; Winters are warming up quickly across the U.S.; PLUS: President Biden offers hope for climate action, the first U.S. President ever to visit the Amazon Rainforest... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The climate fight will continue; Trump might nix America as a climate tech leader. 5 charts show China winning that race; Weather extremes influence illegal migration and return between the U.S. and Mexico, study finds; Why hydropower is failing in Zambia --- and could fail others; To protect the ozone layer and slow global warming, fertilizers must be deployed more efficently, UN says... PLUS: EPA in Elon Musk's crosshairs... and much, MUCH more! ...

Today on The BradCast: He hasn't even been sworn in and he's already violating federal law. Surprised? In this case, the law that he's violating is one that he himself signed into law in 2019. [Audio link to full show follows this summary.]

The flood of wholly-unqualified appointments to cabinet level posts and other top appointments, since Donald Trump barely won a plurality (not a majority) of the national popular vote two weeks ago, continues. You're probably well familiar by now with the nominations of alleged child sex trafficker Rep. Matt Gaetz for U.S. Attorney General, the nation's top law enforcement official, and of Fox "News" weekend host Pete Hegseth as Defense Secretary.

Neither have any experience leading huge organizations (or even medium-sized ones) with millions of employees --- or even any experience at all at the organizations they have been tapped by Trump to lead. And Hegseth, who was disqualified from serving in the National Guard during Joe Biden's 2021 inauguration as a potential "insider threat" due to his White Supremacist tattoos, was also revealed over the weekend by Washington Post to have paid off a woman to settle her accusations of sexual assault. He reportedly denies the rape allegation, if not the settlement.

The Trump Transition team claims they knew nothing about any of it when they selected Hegseth to head DoD. That should give you chills. Perhaps that's because the Transition team hired a private firm to vet Trump's nominees, rather than rely on the FBI, as they would be doing, had Trump complied with the bipartisan amendment to the Presidential Transition Act that he himself signed into law during his first term.

The measure also requires Presidential candidates to sign agreements with the White House and General Services Administration by October 1 before an election to begin the transition process with a publicly disclosed ethics policy and a public statement of how the future President plans to avoid conflicts of interest while serving, if elected. It allows for FBI vetting of incoming officials to grant access to classified documents and other material from the previous Administration at the nation's 438 Executive Branch agencies that they will control. Signing the agreement, as required by law, also includes a vow that Transition teams may take no more than $5,000 from any one person for certain transition costs, and that they will publicly disclose the names of those donors, among other things.

Donald Trump has, so far, refused to sign any of those agreements, alarming ethics, national security and legal experts as he begins defying federal law (again) even before taking office for a second term as President.

Joining us to explain the national security and other serious consequences and ramifications of all of this is LISA GRAVES. She is uniquely qualified to discuss these issues, given her service in all three branches of the federal government, as a Former Deputy Asst. Attorney General at the U.S. Justice Dept.; former Chief Counsel for nominations in the U.S. Senate; and former Deputy Chief for the Article III Judges Div. of the U.S. Court system. She now heads up the government watchdog and political research organization, True North Research.

We've got a lot to discuss with Graves today, beginning with what alarms her most about Trump's refusal to sign the Presidential Transition Act agreements. She identifies the avoidance of the FBI background investigation process as a "huge red warning flag."

"He does not want his cabinet appointees to go through the regular clearance process. The FBI background process is a long-standing part of the process," she tells me. It's "designed to help look at whether you have any issues that could made you blackmailable. That's part of it. For people who are seeking access to our most sensitive information, there are additional national security assessments. The investigators are looking at: do you have stability, trustworthiness, reliability, discretion. Do you have good character and judgment, honesty, and unquestionable loyalty to the United States to ensure that people who get positions of trust, with access to our most sensitive information, have unquestioned loyalty to the United States and not a foreign power."

Graves argues that "many" of Trump's nominees "have serious deficits in more than one of those categories." She also tells me that Trump's own "track record would raise serious concerns about his trustworthiness, his reliability, about his fitness for having access to information."

As to Trump's plans to force the U.S. Senate into recess, so that he may avoid the Constitution's mandate for "advice and consent" on top-level appoints, she describes the scheme as "un-American, unconstitutional, and unprecedented."

Tune in for much more insight from Graves on all of this on today's program.

FINALLY TODAY... A few more items related to the U.S. House Ethics Committee's ongoing deliberations into whether to release their report on the alleged paid sex trafficking by Gaetz of at least two different 17-year old girls. And then Desi Doyen joins us for details on Trump's newly announced nomination of fracking company CEO and climate change denier Chris Wright as the next chief of the Dept. of Energy. She also has some thoughts on Trump's Interior Dept. nominee, North Dakota Gov. Doug Burgum, and on former Rep. Lee Zeldin who has been nominated to head the EPA, and how ALL of those men spell very bad news for our world's quickly-worsening climate crisis...

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Computer scientists, cybersecurity experts and voting systems experts are concerned following last week's election. One of them joins us to explain on today's BradCast. Also, some personal recollections today, for reasons you will learn if you haven't already, of rightwing conspiracy-monger Alex Jones. [Audio link to full show follows this summary.]

As our friends at the nonpartisan government watchdog Free Speech for People announced on Wednesday, "A group of computer security experts have written to Vice President Kamala Harris to alert her to the fact that voting systems were breached by Trump allies in 2021 and 2022 and to urge her to seek recounts in key states to ensure election verification." The well-respected experts are hoping she will use her standing as candidate for President to seek hand recounts of paper ballots, or at least smaller so-called Risk Limiting Audits, to assure the results reported from the November 5, 2024 election are accurate as per voter intent. The vast majority of results reported at this time, and prior to certification, are tabulated only by computers --- either correctly or incorrectly. It's impossible to know without a hand examination.

The scientists and security expert concerns, as they explain in their 5-page missive [PDF] to the Veep, spring from the fact that Donald Trump supporters, following the 2020 election, unlawfully breached proprietary voting systems in a number of states, then copied and distributed the software to an unknown number of people.

We have reported here in great detail on a number of those breaches over the past several years, including most intensively in Coffee County, Georgia. There, a number of Trump supporters unlawfully accessed the statewide voting systems beginning on January 7, 2021 --- the day after the attempted U.S. Capitol insurrection --- and, as one of the participants noted on a recorded phone call, "scanned all the equipment, imaged all the hard drives and scanned every single ballot." Several members of that effort, including Trump attorney Sidney Powell, were eventually charged with felony crimes as part of Fulton County's sweeping racketeering case filed against Trump and 18 co-conspirators.

As the security experts explain in their letter to Harris, "Possessing copies of the voting system software enables bad actors to install it on electronic devices and to create their own working replicas of the voting systems, probe them, and develop exploits. Skilled adversaries can decompile the software to get a version of the source code, study it for vulnerabilities, and could even develop malware designed to be installed with minimal physical access to the voting equipment by unskilled accomplices to manipulate the vote counts. Attacks could also be launched by compromising the vendors responsible for programming systems before elections, enabling large-scale distribution of malware."

Following the discovery of the Coffee County breach in Georgia, the state's voting system vendor, Dominion, issued security patches, which the U.S. Cybersecurity and Infrastructure Security Agency (CISA) strongly urged jurisdictions around the nation which use those same systems to apply immediately. GA's Sec. of State Brad Raffensperger, however, refused to do so before the 2024 election.

"In the light of the breaches we ask that you formally request hand recounts in at least the states of Michigan, Nevada, Wisconsin, and Pennsylvania," the security experts request in their letter, while clarifying for those who may try to confuse them with Trump's "Stop the Stealers" who falsely claimed fraud in the 2020 election: "We have no evidence that the outcomes of the elections in those states were actually compromised as a result of the security breaches, and we are not suggesting that they were. But binding risk-limiting audits (RLAs) or hand recounts should be routine for all elections, especially when the stakes are high and the results are close. We believe that, under the current circumstances when massive software breaches are known and documented, recounts are necessary and appropriate to remove all potential doubt and to set an example for security best practices in all elections."

They urge Harris to move quickly because, while post-election audits of varying quality are carried out in a number of key states, many will be conducted only after certification and after the window to seek recounts that could affect election results has closed.

We're joined today by one of the seven letter writers, Professor DUNCAN BUELL Ph.D., NCR Chair Emeritus in Computer Science and Engineering at the University of South Carolina. Buell has been studying and serving as an expert on computerized electronic voting and tabulation systems for decades now.

"It's crap software," Buell tells me bluntly about systems made by ES&S, the nation's largest vendor, whose software he has studied most closely. "We know that most of the ES&S system has been exported to the web and is available to any and all bad actors. We know for sure that the Dominion system has been exported and is available. And we know from studies of both systems that they fail to provide the kinds of security issues that would prevent bad things from happening," he says.

"Given what we know, that all of this horrible software has gone into the wild, the prudent election director will take absolutely every possible method to verify that the results are, in fact, correct." But, Buell explains, unless ballots are examined by hand, "we don't know that the results we are seeing are actually the results."

He describes the software in question --- as Georgia's Attorney General did prior to the revelation of the Coffee County breach --- as "the keys to the kingdom" and argues that it is "absolutely bananas" that the tabulation of ballots and programming of the software is not verified.

We cover much more in our conversation, including a number of large, if still-unexplained tabulation errors (that were luckily discovered during canvassing) in states like Pennsylvania and Michigan; questions about a reportedly, unusually large number of so-called "bullet ballots" featuring just one single vote in last week's election, but only in battleground states; and several ways to improve the systems in the future to allow more oversight of election results to the public.

ALSO TODAY....

• Rightwing conspiracy theorist Alex Jones' Infowars website, archives, equipment, studio and more have been obtained through auction by the beloved satirical website, The Onion. The purchase is part of a judge-ordered liquidation of Jones' assets following a hard-fought, nearly $1.5 billion judgement against him won by the families of victims of the 2012 Sandy Hook Elementary School massacre, which Jones spent years decrying as a "hoax". I take the opportunity today to share a few of my own personal recollections of my run-ins with Jones in years past.

• And finally, Desi Doyen joins us for our latest Green News Report, as New York and New Jersey grapple with record drought and autumn wildfires, as climate advocates from around the globe seek solutions at the latest U.N. Climate Summit in the wake of the election of climate change denier Donald Trump, and his vows to roll back progress from the last four years...

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IN TODAY'S RADIO REPORT: New York and New Jersey grapple with record drought and autumn wildfires; Republicans win U.S. House majority, and the power to reverse Biden climate action; PLUS: U.N. climate summit (COP29) kicks off with very high stakes... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Amid Earth’s heat records, scientists report another bump upward in annual carbon emissions; Cop29 could change the financial climate for the world’s wealthy polluters; Oil industry asks Trump to repeal major climate policies; Extreme weather cost $2 trillion globally over past decade, report finds; Dutch appeals court overturns landmark ruling against Shell Oil... PLUS: How will offshore wind fare under a second Trump term?... and much, MUCH more! ...

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

Among our coverage today...

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

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

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

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

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

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

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

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

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

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

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What should be done --- what can be done --- to shore up advances made in recent years in the fight against climate change before "a climate denier Fascist-in-Chief" takes office? And what can be done to slow down his promised destruction thereafter? Those are just some of the questions discussed on today's BradCast. [Audio link to full show follows this summary.]

FIRST... A few updates on some key races still being tabulated and/or called, unofficially, by media...

• Democratic Rep. Ruben Gallego has been called as the winner over Republican election denier Kari Lake for the U.S. Senate seat in Arizona.
• Republican hedge fund CEO Dave McCormick's lead over incumbent three-term Democratic U.S. Senator Bob Casey has narrowed to about 30,000 votes out of seven million cast in Pennsylvania. Crucially, that gap is currently less than one half of one percent, meaning it would trigger an automatic recount in the Keystone State if it holds.
• As of now, if the current numbers become official in all "called" races, Republicans will hold at least 52 seats in the U.S. Senate majority next year, and Democrats will hold at least 47.
• Majority control of the U.S. House is still up for grabs, with 16 uncalled races (depending on who you're asking) , though Republicans need just four more seats to win what, as of now, appears likely to be a very narrow majority in the lower chamber of Congress next year. A smaller one than even the thin majority they've been embarrassingly wrestling with over the past two years.

THEN... Donald Trump's nominations to key Executive Branch posts are coming very quickly now. Among them, as of airtime today...

• Florida Rep. Mike Waltz, a former Green Beret and China hawk for National Security Adviser.
• Florida Sen. Marco Rubio, "Li'l Marco" as Trump derisively used to call him, as Sec. of State. He has already reportedly said he would not call for a ceasefire in Gaza.
• Puppy killer and South Dakota Governor Kristi Noem as Chief of the Dept. of Homeland Security.
• John Ratcliffe, Trump's former Dir. of National Intelligence is tapped to head the CIA.
• Trump's first-term acting Director of ICE and family separation supporter, Tom Homan tapped for "Border Czar", after telling 60 Minutes last month that he intends to lead the mass deportation of millions of immigrants and that it can be done without separate families: "Families can be deported together," he said.
• Former New York Rep. Lee Zeldin, who voted against a raft of environmental protection laws in Congress, is named to head the Environmental Protection Agency (EPA).

NEXT... All of that as Trump's transition team at EPA, led by a former oil lobbyist and a former coal lobbyist, prep to reverse every single piece of Joe Biden's climate agenda as possible, including, as the New York Times reports (gift link), "withdrawing the United States from the Paris climate agreement, eliminating every office in every agency working to end the pollution that disproportionately affects poor communities and shrinking the size of national monuments in the West to allow more drilling and mining on public lands."

This comes on the same week that climate advocates from around the globe are gathering in Baku, Azerbaijan for the 29th annual U.N. Climate Summit (COP29) and vowing to continue the global trajectory toward clean, inexpensive, renewable energy to replace the fossil fuels that are heating the globe toward ever-quickening disaster. They claim "they're ready for Trump 2.0" after facing a similar challenge in 2016. But that may be easier said than done.

We're joined today by JEAN SU, Senior Attorney at the Center for Biological Diversity and Director of their Energy Justice Program to discuss the Biden Administration's legacy, including success and failures; what his Administration can now do before leaving office to shore up its successes; and what groups like hers can do to stop, or at least slow down, the destructive attacks on the environment promised by a second Trump Administration.

"What we'll be seeing happening with the Trump Administration is that it is a total, unfettered giveaway to oil and gas. He does not care about clean energy. He does not care about the communities, at all, in any of the places that fossil fuels are being produced or shipped," says Su, whose organization vows "unprecedented resistance".

"I'll be really honest. It is just, truthfully, a dark moment at this time, in terms of our federal work. We are basically facing a trifecta of monopolization of all three branches of government under a climate-denying fascist," she tells me. "We have our Executive Branch taken over by a climate denier Fascist-in-Chief, Donald Trump. He has vowed to 'drill baby drill' with no relief for any clean energy or any care for climate. And he will strip the Environmental Protection Agency [and] the Civil Rights Division of the Dept. of Justice, an entire administrative apparatus entirely smothered, stripped bare, and not functional in any way in terms of actually protecting our environment and our health and safety."

But, she also explains, there are a number of actions that the Biden Administration can still take before leaving office; actions that legal organizations like hers can take after Trump comes in; and actions that the states must take as soon as possible to, at least, mitigate the worst of the damage as long as possible.

"The bright spot in all of this, the place where we are going to see any movement on climate is at the state level," Su argues. "What we've been hearing from different people on the ground is that the initiatives that are happening at the state level are things that people can feel. They are able to see how some climate initiatives will generate the jobs that they need in their own backyards. That gives us a bright spot of actual work to be done." She also cites local efforts to reform electricity regulators, elected Public Utility Commissions and monopoly utility companies. "Those monopoly utilities are stifling rooftop and community solar, and digging in on more fossil fuels. That's an area that is ripe for intervention and organizing. Those are the bright spots that we're going to see the most movement in climate."

Much more in lively my conversation with Su today!

FINALLY... As the U.N. announces 2024 will be the hottest year on record on Planet Earth (surpassing 2023's previous record), Desi Doyen joins us for our latest Green News Report, focusing on some of those "bright spots" on the ballot last week, where progressive climate-related ballot initiatives --- in "blue" and "red" states alike --- were received very well by voters, even as many of those same voters voted for candidates who oppose them...

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IN TODAY'S RADIO REPORT: Trump selects anti-environment former congressman to lead E.P.A.; 2024 will be the hottest year on record, U.N. weather agency confirms; PLUS: State ballot measures were a bright spot for the climate in last week's otherwise grim elections... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The world isn't spending nearly enough to adapt to climate shocks; Climate change has dangerously supercharged extreme weather imapcts - why didn't it come up more in the presidential campaign?; With ready orders and an energy czar, Trump pivots to fossil fuels; Mass deportations would disrupt the food chain': CA warns of threat; Republicans sweep key utility regulator races in AZ and LA; Climate change identified as main driver of worsening drought in U.S. West... PLUS: Is a 'green revolution' --- burning trash for electricity --- poisoning India’s capital?... and much, MUCH more! ...

Today was our first chance to open the phone lines to listeners on The BradCast, in the grim wake of last week's disastrous elections for the nation, the planet and democracy itself. It was, to say the least, a very lively show today, FWIW. [Audio link to full show follows this summary.]

Before getting to callers today, a few items of note...

• First, an update on outstanding Senate races still to be determined. Though AP called Pennsylvania's U.S. Senate race for Republican hedge-fund CEO David McCormick last week against three-term incumbent Democratic Sen. Bill Casey, other outlets have not yet called it. McCormick is currently said to be leading Casey by about 40,000 votes out of nearly seven million cast, or just over one half of one percentage point. If the gap falls to less than half a point, with provisional and overseas ballots still being tallied, a recount will likely happen under state law. For the record, about 175,000 votes were reportedly cast in that race for third-party Senate candidates, including about 65,000 for the Green Party candidate.

• Over the weekend, media outlets called the U.S. Senate race in Nevada for the incumbent Democratic Sen. Jacky Rosen, who appears to have defeated Republican challenger Sam Brown by about a point and a half.

• The last uncalled U.S. Senate race is in Arizona, where Democratic Rep. Ruben Gallego leads Trump-endorsed election denier Kari Lake by a little more than two points. Republicans have flipped at least three Dem seats overall this year in the Senate, so far, and will have a majority of at least two seats in the upper chamber over the next two years to allow all of Donald Trump's appointments --- to his cabinet, other executive agencies and, of course, lifetime appointments to the federal judiciary --- to sail through for his second term in office. Many more details (and concerns) about the tabulation of those races on today's show

• As many have been writing in to ask about voting system concerns and various reported anomalies since last Tuesday, I take a few minutes today to discuss just some of the incidents currently of most note that I have been looking into and speaking with computer scientists, election integrity advocates, and folks on the ground about over the past week.

  For the moment, I don't see many signs of anything that could possibly change the results of the race, at least for President. Though I am looking at several incidents in several different swing states that deserve both explanation and a broader look to see if similar anomalies, still unreported, may have occurred elsewhere. For example, I have been eyeing whatever happened in both Centre County, Pennsylvania and Battle Creek (Calhoun County), Michigan, where some absentee ballots inexplicably, for now, failed to upload properly to the central Election Management System (EMS) server after being scanned by tabulators without incident.

  Yes, I am also looking at a host of other reported incidents and concerns, including the use of Elon Musk's Starlink system for Internet connectivity in some jurisdictions. Though, in theory, that would only effect Electronic Pollbooks at voting precincts, rather than ballots themselves. As noted on today's program, rest assured that I and others are still watching and digging where we can. And, my usual reminder here that sometimes it takes a while for tabulation errors to come to light after an election. Your problem reports that you believe I may not have seen are welcome in comments below, as always.

• Lastly, before we get to a lot of listener phone calls today, from all sorts of political perspectives, a few thoughts of my own about the unspeakable failure by our nation's media --- mainstream corporate media, social media, independent media --- to adequately inform voters about actual facts regarding this election. Facts including why it is that Donald Trump now poses an exponentially more acute threat to the nation and the world than he did during his first term. (I discuss several such reasons, including that his corrupted U.S. Supreme Court majority has, since his previous term, issued a ruling that Presidents may commit any crime they like while in office, and can never be held to account for it.) And how, if voters claimed they were voting for Trump in response to the economy and inflation under the Biden-Harris Administration, they were obviously wildly uninformed, misinformed and, too often, purposely disinformed about the facts on which they claimed to have voted, given the success of the Admin's record on the economy, versus the inflation and debt that is promised by very few economic policies that Trump promised during the campaign. Yeah, I've got a word or two to get out on all of that today. (And will, almost certainly, have many more in the future.)

• Finally, a bunch of callers ring in to let it all out on whoever and whatever they'd like to blame for what happened, or to discuss why they still seem pleased with their votes for third-parties (one caller supported RFK, Jr., who wasn't evening running!), or to simply call in, in the case of at least one Trump supporter, to gloat. Today was the day to let it all out with, likely, many such days to come --- along with the suffering and misery that awaits all of us now. Yes, even the Trump and RFK supporters, sadly, who seem to have no clue how bad this is all going to get...thanks to our failed media...

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We do our best to avoid being Pollyanna-ish on The BradCast. But not everything that happened on Tuesday (or since) has been terrible. Just a lot of it. But, in fact, some of it was quite good and worth taking notice! [Audio link to full show follows below this summary.]

Among our many stories today...both good, bad and otherwise...

• A quickly moving wildfire exploded northwest of Los Angeles on Wednesday, fueled by dry brush and wind gusts up to 80mph. As of Thursday afternoon it had scorched some 14,000 acres, burned through several homes, mansions, ranches and agricultural areas and threatens another 3,500 other structures in the suburban community. 10,000 residents have been evacuated. The so-called "Mountain Fire" was 0% contained at air time. "It's like trying to put out a blowtorch with a squirt gun," said a Ventura County Fire Dept. official in a climate changed wildfire season that has, so far, burned three times as much land as last year at this time.

• Speaking of California and climate, Democratic Gov. Gavin Newsom on Thursday called an emergency special state legislative session beginning next month "to protect our state against any unlawful actions by the incoming Trump Administration." He declared on Twitter that "California is ready to fight. Whether it be our fundamental civil rights, reproductive freedom, or climate action --- we refuse to turn back the clock and allow our values and laws to be attacked."

• AP announced late this afternoon that carpet-bagging hedge-fund billionaire and Pennsylvania's Republican U.S. Senate candidate Dave McCormick had defeated three-term Democratic Sen. Bob Casey on Tuesday, adding yet another pick up for Republicans in next year's U.S. Senate, where they are already set to take back majority control. (After we got off air, however, Democratic election attorney Marc Elias countered, "The Pennsylvania Senate race is not over," citing a statement from PA's Republican Sec. of the Commonwealth estimating another 100,000 ballots remain to be adjudicated in the race where McCormick currently leads by a reported 32,000 votes over Casey.)

• This morning, President Joe Biden took to the Rose Garden to offer his first public remarks since Election Day, following Kamala Harris' apparent loss to the lawless former President, noting, "You can't love your country only when you win,". By way of contrast to Trump, Biden vowed a peaceful transfer of power, lauded Harris' run, discussed the importance of democracy (even when ya lose) and offered encouragement to staffers and supporters by telling them that "setbacks are unavoidable, giving up is unforgivable." We share his brief remarks today in full.

• Protecting and/or expanding reproductive freedoms was on the ballot in 10 different states on Tuesday. Abortion rights won in seven of them, including Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York. In fact, otherwise "deep red" MO became the first state in the union, since Roe v. Wade was overturned in 2022, to reverse a near-total abortion ban and enshrine reproductive rights into the state's constitution!

  Similar initiatives failed, however, in three states: Florida, Nebraska and South Dakota and for various reasons in each, which we discuss today. Most notably, in FL, the measure to restore freedoms and repeal the state's Big Government six-week ban was supported by a healthy 57% to 43% majority of voters. But the state mandates a 60% supermajority for adoption of Constitutional ballot amendments and, at the same time, Republican Gov. Ron DeSantis applied state muscle and seemingly unlawful measures to prevent passage.

  Politico's longtime Capitol Hill heath care reporter ALICE MIRANDA OLLSTEIN joins us today to break down what happened in each state, and where the never-ending battle for and against reproductive freedoms goes from here.

• In other good ballot measure news, voters in Washington state overwhelmingly rejected an attempt to repeal the state's landmark climate law, adopted two years ago under outgoing Democratic Gov. Jay Inslee. The new law slashes dangerous carbon emissions by charging fossil fuel polluters for their pollution. The law has already brought in some $4 billion for habitat restoration and hardening the state against the worsening ravages of climate change. Voters reportedly voted by a 24-point margin to keep the law in place!

• Finally, Desi Doyen is here with our first post-election Green News Report, with details on the troubling worldwide implications for climate under the incoming Trump Administration, as environmental groups vow to press forward. Also, details on both the wildfires in Los Angeles and the rare, late-season Hurricane Rafael which has knocked out power to Cuba (again) and is making its way into record warm Gulf of Mexico waters...

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IN TODAY'S RADIO REPORT: Donald Trump's re-election has worldwide implications for climate action; Environment and climate groups vow to press forward; PLUS: Hurricane Rafael knocks out Cuba's national electric grid, again... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Dousing the Dumpster Fire: The real mobilization must begin; Global temperatures likely to exceed key limit for first time; Biden moves to limit oil drilling in Arctic National Wildlife Refuge; WA state voters uphold landmark climate law against conservative challenge; Dems, greens bet on holding House to fight climate rollbacks; Trump’s election win spells bad news for the auto industry... PLUS: Everything you need to know about Project 2025's plan for the EPA... and much, MUCH more! ...

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

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

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

Among the questions asked and discussed...

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

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

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