We've got another sorry tale on today's BradCast of yet another federal "watchdog" agency clearly captured by the industry corporations that it is supposed to be overseeing and/or regulating. This time, democracy itself is at stake. [Audio link to full show is posted below this summary.]

But first up today, we had quite a bit of breaking news just before airtime. For a start, the U.S. Capitol was locked down on Friday after two Capitol Police officers were rammed in a violent attack with a vehicle. One of the officers, an 18-year veteran, was killed. The other was said to be "fighting for his life" as of airtime. After ramming the officer, the assailant is said to have "lunged" at officers with a knife and was subsequently shot and killed. The assault was the most serious threat on the Capitol since the Donald Trump-incited insurrection on January 6th, which killed five, including one U.S. Capitol Police officer. Two more officers took their lives in the ensuing days after that attack by Trump supporters attempting to stop Congressional ratification of Joe Biden's 2020 Electoral College victory.

That attack --- and Trump's evidence-free Big Lie about his loss being the result of "fraud" --- continues to reverberate almost three months since the MAGA Mob's assault on U.S. democracy. Last week, Georgia's Republican-dominated state legislature adopted a massive voter suppression bill that will make it more difficult to vote by, among other things, requiring additional forms of ID for mail voting, limiting absentee ballot drop-boxes and early voting hours, and banning the distribution of food or beverages to voters forced to wait hours on line. It would also allow partisan GOP officials to undermine County Boards of Election and even overturn results. The state's Governor, Brian Kemp (R), signed the sweeping bill almost immediately after it passed both chambers of the state legislature in a matter of hours.

This week, after some 70 Black corporate executives spoke out against the transparent attempt to making voting more difficult for minorities in the state, a cascade of other corporate entities --- including Delta Airlines and Coca-Cola, both based in Atlanta --- finally decided to speak out in favor of democracy and against voter suppression. And then, on Friday, shortly before today's show, Major League Baseball announced they will be moving the All-Star Game and MLB Draft, previously set for July in Atlanta, to another state in response to the GOP attack on voting.

And, as Georgia Republicans pushed back on Delta Airlines this week for belatedly standing up for the right to vote, Gov. Kemp took his shot at the company by accusing its CEO of "false attacks" by claiming misleadingly in a statement: "The last time I flew Delta I had to show my ID."

But Kemp, the state's former Sec. of State, certainly knows that flying is a privilege, where voting is a right. He also likely knows that, no, an ID is not required to fly on Delta or any other airline. As clearly explained on the TSA.gov website...

In the meantime, as to real --- versus imagined or opportunistic and partisan --- threats of fraud in our elections, the U.S. Election Assistance Commission (EAC), the federal agency tasked with overseeing voting system security standards, is continuing the woeful job it has done since its creation by the Help America Vote Act of 2002. Since its inception, as we have documented at The BRAD BLOG for almost 20 years, the EAC has largely been captured by the private voting system vendors whose systems they are supposed to be testing, overseeing, regulating and certifying as meeting minimal standards.

For years, the EAC has consistently helped mislead the public regarding the dangers of modems inside of computer voting and tabulation systems. The EAC's original Voluntary Voting System Guidelines (VVSG), created about 15 years ago, allowed for use of the devices which cybersecurity experts have long warned can be used to introduce malware into systems that could disrupt elections or change results.

In August of 2019, as we detailed on the program at the time with cybsersecurity journalist Kim Zetter, a group of security and voting systems experts discovered "nearly three dozen backend election systems in 10 states connected to the internet over the last year, including some in critical swing states" such as Wisconsin, Michigan and Florida. In January of 2020, almost six months after Zetter's exclusive and disturbing report, Cynthia McFadden followed up with her own report at NBC News, in which, despite federal officials repeatedly and falsely declaring that "U.S. voting systems are never connected to the Internet," the President of the nation's largest vendor, Elections Systems and Software, Inc. (ES&S), conceded that at least 14,000 of the company's modems were being used in vulnerable voting and tabulation systems across the country, even as the 2020 election cycle was getting under way.

Nonetheless, over the last five years, the EAC has been working with stakeholders --- from elections officials to cybersecurity experts to vendors --- to develop new minimum security standards for the nation's voting systems, which they call VVSG 2.0. The good news is that the draft of those final standards for the VVSG 2.0, made available for public comment last Summer, included a ban on modems and other wireless communications devices in computerized voting and tabulation systems.

The bad news: After the public comment period and before the new standards were officially adopted by the EAC Commissioners, they apparently met in secret with several vendors and quietly changed the new standards to once again allow for modems and other wireless communications devices in new voting systems.

After the standards changed and weakened without public notice, the non-partisan government watchdog, Free Speech for People (FSFP), filed public records requests for documentation of the non-public meetings between EAC officials and the voting machine companies. Despite acknowledging hundreds of pages of existing documents responsive to the request, according to our guest today, the EAC failed to turn over any of it to the group. Now, FSFP is suing the EAC for those documents.

We're joined today by longtime election integrity advocate SUSAN GREENHALGH, Senior Advisor on Election Security at FSFP, to explain the organization's lawsuit [PDF], and the latest, extraordinary failure to protect our elections by the corporate-captured EAC.

"We have a real lack of leadership from the federal agency that's supposed to be helping assist election officials run election more efficiently, securely, accessibly and transparently at the EAC," Greenhalgh explains, charging "they're letting the vendors help weaken the standards directly."

"The EAC is way, way too deferential to the vendors," she says. "They need to either do the right thing and do their job, or they need get out of the lane and come up with some other way. Because there's an expectation by members of Congress that this is being taken care of, that the EAC is doing their job, they're developing the standards, they're testing voting systems. Unless you scratch the surface and find out what's really going on, you might think on the outside that they're doing their job, and they're not. They're taking up that space, and that makes us all less safe and secure in our elections."

There is, as you might guess, much more that Greenhalgh has to explain about this ongoing mess and FSFP's legal efforts to crack open the EAC blockade.

Finally, we close today with a rather hilarious audio message from former, George W. Bush-era Republican House Speaker John Boehner, to Texas' Trumpy, conspiracy-loving U.S. Senator Ted Cruz...

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If only lawmakers in GOP-run states gave as much of a damn about their own residents as they do for the corporations which fund their campaigns. If only those corporations gave as much of a damn about their own customers as they do about the possibility of being boycotted and losing profits. Or, as my dad used to say, if only the Queen had balls she'd be the King. [Audio link to today's full BradCast is posted below this summary.]

It's a very busy and very lively show today. Among the stories we cover, if you are clever enough to tune in...

• The growing cost of climate change continues, as California, just a few years after the end of a punishing five-year drought, appears to be headed back into another. Thanks to investments and conservation techniques enacted last time, perhaps this one won't be as bad. We'll see. But it won't keep the wingnuts from whining about it and trying to falsely blame Democrats anyway.

• Joe Biden's new EPA Administrator, Michael Regan, is moving ahead with efforts to de-Trumpify the critical environmental oversight agency by firing dozens of Trump-appointed industry stooges that were packed onto several critical science advisory boards there.

• Emails obtained by Documented and reported by NBC News today reveal that talking points circulated by a climate change denying fossil fuel industry lackey were behind the misinformation spread by Texas officials falsely blaming wind and solar energy when the state's power system froze up and collapsed during a winter storm in February. The false claims were spread at lightning speed by Republican Gov. Greg Abbott, the fully captured Commissioners on the state's utility board, the wingnut media and, of course, other oil and gas lobbyists. Aside from billions of dollars in damages, the state's own failures in deregulation and privatization (and lack of winterization) of its electric grid, resulted in the deaths of at least 111 Texans according to the state's newly revised --- and nearly doubled --- death toll. Many of them died from hypothermia in their own homes. And no, it was not the fault of clean, renewable energy in any way.

• Meanwhile, in Georgia, pushback against a massive voter suppression law enacted in record time last week by Republicans in the state legislature is bringing shame not only to GOP lawmakers and Republican Gov. Brian Kemp, but to the major corporations --- some headquartered in the state --- which failed to take action to speak out against the democracy-undermining measure until it was too late. Or, at least until boycott efforts against the companies began to emerge. Over the past 24 hours, following a statement of outrage by more than 70 Black corporate executives decrying GA's new law, companies such as Delta Airlines, Coca-Cola, Microsoft and Apple have all begun falling over themselves to express the "outrage" they failed to muster before passage of the bill --- or even in the full week since it was signed into law. In the wake of the new corporate blowback, rather than take actions to rollback the voter suppression, Republican state legislators have decided to attack the companies for (belatedly) coming out in support of democracy. The GOP-dominated state House of Representatives even went so far as to abuse their power on Wednesday night to adopt a punitive tax increase on one of the GA-based companies which belatedly decided to speak up against voter suppression.

• Even as the blowback came fast and furious against Georgia's Republicans over the past 24 hours, the great, deregulated state of Texas decided they wanted some of that "love" as well. Republicans in their state legislature are now moving to enact similar voter suppression schemes to the ones decried in the Peach State. Will the corporations stand up against such laws in the Lone Star State and elsewhere before they're adopted this time? We hope so, but we'll see. Obviously these politicians don't give a damn about their actual constituents. But maybe they'll pay attention to their corporate funders who have now been forced by those constituents to at least pretend they give a damn about democracy.

• Finally, Desi Doyen joins us for our latest Green News Report, with special coverage of President Biden's popular, new, sweeping, long-overdue, "once in a generation", $2.25 trillion infrastructure, jobs and climate proposal introduced on Wednesday as the American Jobs Plan...

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On today's BradCast: More evidence that the rightwing billionaire Koch network really needs a better security plan. And Republicans really need a more popular agenda. [Audio link to show follows summary below.]

We now have still more audio that has leaked out of a super-secret Koch Network event. The latest is embarrassing yet again for them, as it reveals that even Republican voters want corrupting "dark money" out of politics. Sorry, Koch folks like Mitch McConnell and all of the other elected GOPers who owe their corrupt careers (and votes in Congress) to whatever it is that the Koch Network wants from them! Looks like they'll need to rely on out-and-out lies about what is actually in the Democrats' popular election and campaign finance reform bill known as H.R.1 (the For the People Act) in order to undermine it. But they've become very good at that sort of thing by now.

On Monday, The New Yorker's Jane Mayer published a story about audio she obtained from a super-secret conference call in which the guy running a Koch-backed effort to figure out how to message against H.R.1 concedes that even "conservative" voters appear to like the proposal, which includes disclosure requirements for donations larger than $10,000 to "dark money" non-profit groups like the dozens of "non-partisan" groups run and funded by billionaire donors to the Koch Network.

As Mayer reports: "The speakers on the call expressed alarm at the broad popularity of the bill's provision calling for more public disclosure about secret political donors. The participants conceded that the bill, which would stem the flow of dark money from such political donors as the billionaire oil magnate Charles Koch, was so popular that it wasn't worth trying to mount a public-advocacy campaign to shift opinion. Instead, a senior Koch operative said that opponents would be better off ignoring the will of American voters and trying to kill the bill in Congress."

The research director for a Koch-run advocacy group is heard explaining on the call, which reportedly included a partisan representative from McConnell's office, that when even "conservative" voters hear that the legislation "stops billionaires from buying elections," they support it. "Unfortunately," he tells the group somewhat sheepishly, "we've found that that is a winning message, for both the general public and also conservatives."

We share the full audio disclosed by Mayer on today's program. (And, since I referenced it it today, here's a link to my 2011 exposé of the Koch Brothers' super-secret billionaire confab at a resort near Vail, CO. The first, to my knowledge, to include audio from one of the group's meetings. The several-part exposé I published at Mother Jones and at The BRAD BLOG at the time included audio I obtained revealing the undisclosed keynote speech by NJ's then Gov. Chris Christie, as well as remarks from Charles Koch and others at the highly secured --- but not highly enough secured --- event.)

Also today, Axios reports that economists are very excited about the approximately $3 trillion infrastructure, jobs and, yes, climate plan that Joe Biden is set to roll out in Pittsburgh on Wednesday. He previewed a bit of that plan during his press conference last week. The plan, in theory, will create millions of new, high paying jobs repairing, improving and building roads, bridges, electrical grids and other infrastructure that has been dilapidating for years, while hardening it all for climate resilience in a dangerously warming world. The Koch Network and Congressional Republicans are likely to have a hard time messaging against that long-overdue proposal as well. But we'll find out as much after Biden introduces the plan tomorrow.

Then, a bit of a follow-up to my conversation with Caren Short, Senior Voting Rights Attorney at the Southern Poverty Law Center (SPLC) on Monday's show, about Georgia's sweeping new voter suppression bill. Yesterday, I had asked Short whether SPLC was planning to join either of the so-far two different lawsuits filed by civil rights groups just after the controversial GOP measure was passed by both houses in the state legislature and signed by Republican Gov. Brian Kemp last Thursday, all within a 7-hour time span. She told me the group was looking closely at the suits, but had made no decision yet. Today, SPLC touched base with the news announcing a third suit [PDF] now filed in federal court against the GA law. This one has been filed by the Southern Poverty Law Center, the ACLU, the NAACP Legal Defense and Education Fund and others on behalf of several Black, Latino and Muslim organizations in the Peach State.

Finally today, Desi Doyen has our latest Green News Report, with more news on Biden's infrastructure plan; deadly storms in Nashville; a disturbing update to the death toll in Texas after last month's winter storm; and more...some of it actually good enough news that we close with a song that many of you likely hoped we'd have forgotten by now. But, sorry not sorry...we didn't!...

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Attempted voter suppression must come at a very serious cost to the suppressors. Hopefully, we are beginning to see at least some of that beginning to build in Georgia on today's BradCast --- even as voting rights advocates are forced to take legal action to block this latest attack on democracy by the state's Republican Party. [Audio link to show follows below.]

Hopefully, the blowback is just beginning. Last Wednesday, we were joined on the show by Marilyn Marks of the Coalition for Good Governance, as she warned about the massive voter suppression bill that Republicans in the GA state legislature were trying to jam through before this week's final day of the legislative session. But, in less than 24 hours, by Thursday, voting rights advocates were stunned --- and, arguably, caught off guard --- when the GOP-dominated state House and Senate both adopted a newly-introduced, nearly 100-page bill to pare back voting rights in a single day, before the measure, known as SB 202, was then signed just an hour or so later by long-time champion GOP vote suppressor and former Sec. of State, Governor Brian Kemp. For good measure, he did so under a painting of a slave plantation as an elected African-American member of the state House of Representatives was arrested for trying to witness the signing behind closed doors.

The measure, among other things, will increase ID requirements for absentee voting; reduce early in-person voting in some places; restrict the use of drop-boxes for mail-in ballots; ban the distribution of food and beverages to voters waiting in Georgia's famously long (in some places) voting lines; threaten third-party advocacy groups with criminal prosecution if they dare send an absentee ballot request form to someone already signed up to vote by mail; and, perhaps most perniciously, according to Marks sounding the alarm last week, allow the state's majority-GOP legislature to essentially take over control of the State Board of Elections. In turn, the State Board can then replace entire County Boards of Elections with a single partisan person, pretty much for any reason they like, threatening to both undermine or even overturn election results at the county level in...ya know...certain counties --- just as Donald Trump tried to do after losing the 2020 election in The Peach State last year.

All of that, despite zero evidence of fraud or mistally in last year's Presidential election in Georgia, where three statewide counts --- twice by machines, once by hand --- all confirmed the results, which the state confirmed to be free of fraud.

Since passage and signing of SB 202 last week, not one, but two lawsuits have been filed to try and block the law, charging that it violates both the U.S. Constitution and the Voting Rights Act (VRA), as the multiple civil and voting rights group plaintiffs allege the new voting restrictions are specifically designed to target minority voters. The President of the United States has subsequently described the law as "un-American", an "atrocity" and "Jim Crow in the 21st Century". Despite all of that, it ultimately could be the Major League Baseball Player's Association which ends up making a real difference in regards this new anti-democracy scheme. The players are reportedly deciding whether to demand this year's MLB All-Star Game, currently set for Atlanta in July, be moved to a different state if the law is not struck down.

At the same time, federal laws --- such as the For the People Act (H.R.1) or John Lewis Voting Rights Advancement Act (H.R.4) --- which would help protect against a number of the worst GOP voter suppression tactics now adopted by the Peach State and moving ahead in others where Republicans are considering similar measures, will not pass unless the undemocratic Jim Crow-era U.S. Senate Filibuster is, in some fashion, killed or reformed.

We're joined today by CAREN SHORT, Senior Voting Rights Attorney at the Southern Poverty Law Center to discuss all of this. While her group has not yet joined either of the two federal lawsuits filed against Georgia's law, she suggests they are considering as much. In the meantime, she explains what she finds so devious about GA's racist new law, and whether or not the current lawsuits --- or even the Dept. of Justice --- may be able to reverse the worst of SB 202's attack on voters and voting in the state.

Among the issues we discuss with Short: Her views on the worst aspects of SB 202; Whether its possible to demonstrate a disproportionate affect on minority voters before an election is run with this new law in place; How the portion of the Voting Rights Act struck down by SCOTUS in 2013 would likely have prevented this entire bill from even being introduced in the first place; Whether the DoJ has grounds for filing suit themselves under still-standing portions of the VRA to protect Georgia voters; And how courts will determine whether FEARS of voter fraud (in the absence of same) is enough to justify taking rights already granted to voters away from them, among much more!

"You're right, there's a lot to be troubled about," she tells me at the top of our discussion. "This bill is troubling. It would really disenfranchise a lot of people in Georgia. Although it would apply equally to everyone, it is specifically targeted to harm black voters, brown voters, young people, voters with disabilities --- and it will do so."

"You mentioned that democracy is everyone's job. I could not agree more with that," Short says, when I ask what needs to be done to see the filibuster reformed in the U.S. Senate so that H.R.1 and H.R.4 can passed and become law. "These are our representatives. These are our policy makers. They represent what we want. ... We need democracy reform. We need transparency. We need fairness. We need protections for folks in the Deep South who are facing bills like the one in Georgia. This cannot stand. It cannot happen in my name as an American. We need to get involved. This is our moment. Call your friends who live in those states who are going to be needed for filibuster reform, if necessary. Some Democratic folks have said, 'failure is not an option.' And it's absolutely true."

Finally, with both good and worrying news about COVID (good, in that President Biden has announced vaccine distribution is moving ahead even quicker than previously hoped; worrying, in that the new CDC Director is "scared" with a sense of "impending doom" about the recent 16% rise in infections as mask mandates have been lifted in some states), we open up the phones for a quick call or two on all of this at the end of another important and lively hour...

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"A republic," Ben Franklin famously said, "if you can keep it."

After more than 230 years, the great American experiment --- constitutional democracy --- has arrived at a moment of grave national peril, once again testing Franklin's warning. Like the Confederates who fired on Fort Sumter at the outset of a bloody Civil War, a major segment of our polity today is being led by racist and seditious reactionaries --- "domestic enemies" of the very Constitution they solemnly swore to uphold and defend.

This unscrupulous lot call themselves "Republicans". Yet, they have absolutely nothing in common with the Party once led by Abraham Lincoln, an intellectual giant, who extolled the need to see that "government of the People, by the People and for the People shall not perish..."

The right to vote is foundational to all other rights. By way of more than 253 restrictive bills, introduced in 43 States, these elected autocratic "American Fascists" seek to strip that foundational right from millions of their fellow Americans.

The For the People Act of 2021, recently passed by Democrats in the House as H.R.1, is a comprehensive election, campaign, ethics and voting rights reform measure that would, among other things, eliminate partisan gerrymandering of Congressional Districts, curb dark money campaign contributions, and preempt many state-based GOP voter suppression and intimidation laws, schemes and tactics. The Senate version of the bill, S1, is co-sponsored by 49 of the chamber's 50 Democrats.

If, at this critical moment, all 50 Senate Democrats do not agree to eliminate the filibuster, at least for Voting Rights-related legislation, in order to pass S1 before the end of the year, a clear path will have been paved for the GOP to retake majority control of both Houses of Congress in 2022 and recapture the Presidency in 2024 through a combination of extreme partisan gerrymandering and surgically precise voter suppression.

What better moment for Georgia's freshman Democratic Senator, Reverend Raphael Warnock, to call upon our better angels to save our democracy in a maiden address on the Senate floor (see video and link to transcript below) that amounted to what has been aptly described as a "Voting Rights Speech for the Ages"...

We had planned for NICOLE SANDLER to fill in for us on today's BradCast, to share her exclusive interview this week with Arizona's Democratic Secretary of State. Unfortunately, Nicole got hit pretty hard after her second COVID vaccine shot, so she's been a bit under the weather (but getting much better!). However, she was kind enough to share the interview with us anyway so we could share it with you on today's program. [Audio link to full show follows below.]

In her conversation with Nicole, AZ's Sec. of State KATIE HOBBS, among other things, debunks false claims of "fraud" in the Grand Canyon State's successful 2020 Presidential election, where Joe Biden became the first Democrat to win the state on the Presidential level in several decades. The Grand Canyon State also elected Democrat Mark Kelly for the U.S. Senate last November. He joins AZ's Democratic Sen. Kyrsten Sinema, mirroring the case in Georgia, which also went "blue" for the first time in decades last year for Biden and elected two Dems to the U.S. Senate.

On Thursday night, Georgia's GOP rammed through sweeping new restrictions on voting that will curb voting rights and (as Brad discussed with Marilyn Marks of the Coalition for Good Governance earlier this week) allow the GOP-majority state legislature to undermine County Boards of Elections and even overturn election results, if they like. GA's former Republican Sec. of State and current Governor Brian Kemp signed the new anti-democracy measure last night almost immediately after it was passed in the Peach State's House and Senate at lightning speed on Thursday. Today, President Biden described the GA measure as an "atrocity".

On today's program, Hobbs speaks to similar efforts now under way by Arizona's GOP state lawmakers to roll back voting rights, including the state's popular mail-in voting options, despite last year's "very successful" election...or, perhaps, because of it. Hobbs describes the measures being pushed by state Republicans as "unprecedented" and "really dangerous in terms of voting rights, not just in Arizona but across the country."

She tells Nicole that these efforts, being sold in response to Donald Trump's evidence-free Big Lie that last year's election was stolen for Biden, are based on "a false premise. We do not have to make the choice between voter access and security. What we saw in the 2020 election proves that we can have both."

Finally today, in case you missed it previously or might like to hear it again, we revisit Brad's recent conversation from 3/15/2021 with Leon County, Florida's legendary, 30-year former Supervisor of Elections ION SANCHO on similar GOP efforts to roll back voting rights in the Sunshine State and in neighboring Georgia...

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We've been doing our best on The BradCast, to keep you up to date with the various attempted assaults on voting rights that Republicans are trying to enact in dozens of state legislatures around the country, in response to Donald Trump's evidence-free Big Lie that the 2020 election was somehow stolen from him. But what is going on in Georgia right now, where lawmakers are attempting an extraordinary power grab to essentially give themselves control over entire elections and their results, is even worse and more disturbing than you have likely heard. [Audio link to full show follows summary below.]

First up today, however, speaking of fraudulent claims about fraud in the 2020 election, Team Trump attorney Sidney Powell filed her response to Dominion Voting System's $1.3 billion defamation suit [PDF] against her, and it's fairly hilarious.

Her Motion to Dismiss [PDF] includes her defense that "no reasonable person" could have interpreted her outlandish claims that Dominion's voting and tabulation systems were used to steal the election for Joe Biden via a massive international conspiracy (bastardized and reimagined, in no small part, from my decade-old accurate, exclusive reporting on several voting machine companies tied at one point to Venezuela) were actually "statements of fact". Her four failed "Kraken" lawsuits, and countless appearance on wingnut media making such claims, she now appears to be arguing, were little more than her political opinion, which nobody could have mistaken for facts. Therefore, she argues, she cannot be held accountable under the First Amendment. Good luck with that, Sidney. Clearly, voters in Stark County, OH and in the state of Louisiana --- "reasonable" or not --- bought into her lies, as a mountain of complaints about Dominion since the election has resulted in both jurisdictions ending their consideration of multi-million contracts with the Canadian-based voting equipment vendor.

Powell's repeated fraudulent fraud claims and those by Trump himself following the 2020 election have had other real world consequences, including the deadly MAGA Mob attack on the U.S. Capitol in January to try and "stop the steal", as well as now hundreds of voter suppression bills being pushed by GOP lawmakers in more than 40 states.

As Georgia's legislative sessions comes to an end next week, there has been a dizzying flurry of proposals in both the state house and senate to target voting, mostly effecting minority voters. Last week, a two-page GOP bill on absentee ballot applications was substituted at the last minute by Republicans with a 93-page omnibus bill that includes dozens of new voting restrictions and reforms. The measure was revealed to Democratic state lawmakers and voting rights advocates just one hour before a committee hearing for it in the state House of Representatives.

Stacey Abrams' Fair Fight Action group described the measure as "A desperate power grab to appease insurrectionists and losing political candidates." The bill, according to Georgia Public Broadcasting, introduced dozens of new restrictions including "including banning people from giving food and water to voters waiting in line, limiting early voting days for larger counties, and adding ID requirements to absentee ballots."

Many of those provisions have received a fair amount of public attention over the past week, including the attempt to end Sunday "souls to the polls" voting, which is popular with religious Black voters who traditionally head to the polls en masse after church services. That provision, and an attempt to scrap no-excuse absentee voting, have both now been withdrawn by Republicans after public backlash, according to our guest today. But, she is now far more concerned with a, so far, little noticed provision that would allow the partisan, legislature-appointed State Board of Elections to undermine and even reverse elections results in any county in the state by replacing any bi-partisan County Elections Board with a single person of their choosing, for virtually any reason they like.

One of our longtime go-to sources on Georgia election disasters, MARILYN MARKS of the Coalition for Good Governance, joins us for the first time in the new year to sound the alarm bell on that provision, and a few others which, she warns, are not receiving nearly enough attention from the public.

"It's hard to express the danger of what it is they are trying to do," she tells me, explaining how the State Board of Elections (currently a five-person board, with one Democrat) would "be able to take over any County where they don't like how the County is counting the votes, how the County's election processes work...really with no due process. With just a few minor violations --- which anybody can find with any County --- the State Election Board can come swooping in [and] put their partisan appointee in the place of the public Board. They wipe out the public [County] Board of Elections and put one person in charge."

If that measure had been in place during 2020, she warns, it could have been used to overturn election results in, say, Fulton County (Atlanta) at the whim of partisans on the State Board.

As were speaking today, the New York Times published an article warning about this very issue as well, quoting Abrams charging that "Republicans are brazenly trying to seize local and state election authority in an unprecedented power grab." Echoing Marks, Abrams warns its "intended to alter election outcomes and remove state and county election officials who refuse to put party above the people."

"They could literally send in their appointee, fire all of the election board, have no more public meetings, conduct all of the balloting behind closed doors, certify whoever they wanted to as the winner, and there's hardly anything that could be done about it," Marks explains. "They are trying to make that law."

She also details how the GOP attempt to change mail-in ballot authentication from using signatures --- a system that now works well in the Peach State, she says --- to using things like drivers license numbers, will actually make absentee ballot fraud easier rather than more difficult. Marks, a longtime Republican (though not any more), explains that her attempts to warn GA's GOP lawmakers about this seems to be getting dismissed because, she says, those lawmakers don't seem to actually care about fraud. They are more interesting in sayiing they did something to respond to their constituents' unsupported belief that signature verification is being easily defeated by fraudsters. (Now where would those folks have come up with that idea?)

"They shake their head and say, 'You're right. This does degrade security. But the Secretary of State [Brad Raffensperger] wants this, and everybody is marching to his tune, and we know we are going to get all sorts of hell when the voters find out what we're doing, but we feel under such pressure to do something.' ... They're going to do 'something' even if it's wrong," Marks insists.

We also discuss her long-standing federal lawsuit to try and decertify the 100% unverifiable touchscreen voting systems made by Dominion Voting Systems that Raffensperger deployed statewide for the first time last year. He did so after the Coalition's lawsuit resulted in a 2019 ruling by a federal judge that the state's previous, 100% unverifiable touchscreen voting system made by Diebold was both unverifiable and unsecure and, therefore, unconstitutional. Marks offers a status report on the case, as she hopes for an eventual ruling on the Dominion machines similar to the one that ended the state's use of the older, similarly vulnerable Diebold systems. And no, she explains, though she has been very tough on Dominion's systems over the years, she is not concerned about a defamation lawsuit from the company akin to the ones filed against Powell and Rudy Giuliani by the voting system vendor.

"We don't allege things that we don't have very solid proof of," she says. "We have the nation's top security experts working with us under penalty of perjury. We work in fact, not ridiculous allegations like Sidney Powell's group"...

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On today's BradCast: While U.S. flags were already at half-staff following last week's mass killings in Atlanta, another mass shooting erupted on Monday in Boulder, Colorado. On Tuesday, President Biden called for the flags to remain lowered, for the U.S. Senate to pass two bills already approved by the U.S. House to close loopholes in our federal background check system; and to restore the ban on assault weapons that helped keep down such mass casualty events before the George W. Bush Administration allowed it to expire. [Audio link to show follows summary below.]

"We can ban assault weapons and high-capacity magazines in this country once again. I got that done when I was a Senator. It passed. It was law for the longest time, and it brought down these mass killings. We should do it again," the President urged in his brief remarks at the White House. "This is not and should not be a partisan issue; this is an American issue. It will save lives --- American lives --- and we have to act."

Today, we cover some of the reaction following the latest mass shooting in the U.S., which took 10 lives at a supermarket in Boulder yesterday. We honor the heroes that include not only the police who responded --- one of whom, who had seven children, was killed during the shooting --- but also the grocery store workers who courageously helped to save customer lives in the store and, as their union has noted, have been risking their lives for all of us every day over the past year, as essential workers during the pandemic.

We also note the reactions from those who have spent years working to support the ability of terrorists to easily acquire weapons of mass destruction --- such as CO's Republican Rep. Lauren Boebert and the Colorado State Shooters Association --- who suddenly feel that this is no time to talk about guns. "Congressman" Boebert, who appears with guns in virtually appearance, says she "refuses" to use this shooting "to advance a political agenda." And the Shooters Association informs us that "Today is not a day to cloud our remembrance with ... emotional sensationalism."

All of that, after a state judge, just 10 days ago, struck down a law adopted unanimously by the Boulder City Council in 2018 to ban assault weapons in the city, after years of similar massacres in the Centennial State and elsewhere. The Colorado State Shooters Association was one of the plaintiffs in that case, which was "celebrated" just last week by the disgraced, terrorist-supporting NRA, because local laws supported by residents in the CO town were preempted by Big Government at the state and federal level.

But, despite urging from the President on Tuesday, if Republicans won't even agree to allow an up or down vote on background checks, the lowest hanging fruit when it comes to gun safety reforms, it seems impossible to imagine they would ever agree to restoring the federal assault weapons ban. That, no matter how many American lives it might save, no matter how many of their own constituents continue to be massacred in these tragic events.

In response to GOP intransigence, conservative, institutionalist Democrats in the U.S. Senate late last week and over the weekend, continued to inch toward support for filibuster reform --- the only way that gun safety reform and most of the rest of the Democrats' ambitious, progressive agenda will ever be adopted. So there's a small amount of encouraging news on another dark day.

Also today, some response from listeners to our interview with Alabama's former Democratic Governor, Don Siegelman on yesterday's BradCast and his response --- as someone who knows a thing or two about GOP hit jobs on popular Democratic Governors --- to the attempted recall of California's progressive Governor, Gavin Newsom.

Finally, we close with Desi Doyen and our latest Green News Report, as yet another natural disaster befalls Australia; our global climate crisis becomes the top cause for refugees worldwide; and the Biden White House begins to unveil its promised massive, long-overdue, nearly $4 trillion infrastructure (and climate) plan...

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It's not only in the U.S. where democracy is now under attack. Unfortunately, as discussed with our guest on today's BradCast, when freedom and democracy begin to collapse here, it gets even worse everywhere else. [Audio link to show follows below this summary.]

But, first up today, a quick word or two on Harry and Meghan (because in case you thought a parliamentary monarchy was a better idea than our representative democracy....well, that's not working out so well either these days.)

Very good news out of Congress, however, where the U.S. Senate finally passed Joe Biden's massive $1.9 trillion American Rescue Plan over the weekend. Sadly, it was adopted 50-49 without a single Republican vote. The wildly popular measure provides critical relief across a whole bunch of sectors, with, as the New York Times describes, it "the principle Democrats and liberal economists have espoused over the past decade: that the best way to stoke faster economic growth is from the bottom up."  We go through many of the details of this major relief and stimulus plan that both Democrats and progressives should be damned proud of. Hopefully they remember to sing its praises between now and November of 2022, at the very least.  While the bill was changed marginally in the Senate after House passage (in some ways, it was even made more progressive!), it remained pretty much the same bold plan as initially proposed. It is, as many have described it, the most progressive relief bill ever passed by both Houses of Congress.

Democrats, by and large, seem to have figured out that it's ridiculous to negotiate with themselves in order to win the fool's errand of receiving Republican votes, when they ain't coming on board for anything Democrats in power favor, no matter how popular the measure is with their own Republican constituents (very!) or how many of them it will actually help in myriad ways. The measure must be approved one more time in the House before it heads to the President's desk likely this week, followed by his signatures and then individual checks of $1,400 to most Americans, $3,600 for most children, new expansions to Obamacare to allow those with higher incomes to receive subsidies for health insurance premiums and much much more to get American and its economy and schools back open faster and safer.

Meanwhile, on Monday, Donald Trump lost Wisconsin yet again, as the U.S. Supreme Court rejected his appeal of a lower court ruling upholding the bipartisan Wisconsin Election Commission's handling of mail-in ballots in the 2020 election. And, with that, SCOTUS has now officially rejected every challenge to the 2020 election results brought by Trump and his MAGA Mob to the Republicans' stolen and packed high court.  Sadly, GOP state legislatures are now in the process of attempting to impose severe new restrictions on voting in multiple states, including by rolling back measures, for example, for no-excuse absentee voting in Georgia, that they themselves had previously enacted.

So the fight for democracy and voting rights continues. Sunday marked the 56th anniversary of the Bloody Sunday march in Selma, Alabama, when civil rights icon, the late Rep. John Lewis and hundreds of others were beaten to a pulp by state troopers during a protest walk for voting voting rights across the Edmund Pettus Bridge. That violence at that 1965 march, witnessed live on television, resulted in President Johnson signing the landmark Voting Rights Act that year. In commemoration over the weekend, President Biden issued an executive order "to promote voting access to all all eligible Americans to participate in our democracy." The order, as the White House describes it, "will leverage the resources of the federal government to increase access to voter registration services and information about voting."

The effort comes not a moment too soon, unfortunately, as underscored by a new report out last week from Freedom House titled Freedom in the World 2021: Democracy under Siege. It finds, among other troubling things: "As a lethal pandemic, economic and physical insecurity, and violent conflict ravaged the world, democracy’s defenders sustained heavy new losses in their struggle against authoritarian foes, shifting the international balance in favor of tyranny."

Three-quarters of people in the world now live in countries where freedom and democracy are on the decline, according to the group's latest annual report. As Washington Post's coverage notes, "This year’s survey, published Wednesday, marked the 15th consecutive year of global democratic backsliding --- 'a long democratic recession,' in the organization’s words, that is 'deepening.'' Moreover, the United States dropped three rankings in this year's survey which, its co-author explains on today's show, has been carried out by the 80-year old, non-partisan, non-profit group every year since 1972.

We're joined today by Freedom House Vice President of Research and Analysis SARAH REPUCCI, who notes that while the report cites the "unprecedented attacks on one of the world’s most visible and influential democracies," with the Trump-incited attack on the U.S. Capitol in January, and that his "actions went unchecked by most lawmakers from his own party, with a stunning silence that undermined basic democratic tenets," the 1/6 insurrection attempt wasn't even considered as part of this year's rankings of 195 countries, since it occurred in 2021.

Moreover, Freedom House found the largest "democracy gap" (the number of countries that improved minus the number of countries that declined) in the report's history last year, which marked 15 years of decline by the group's measure.

Repucci explains the report's methodology, which areas of the world are now seen as most at risk, and how the decline in freedoms and democracy in the U.S. over the past 15 years --- particularly over the past decade --- have helped to encourage the grim turn for democratic movements across the globe in recent years. She also offers some key recommendations for how to turn things around in this country, including reform in a number of areas --- such as ending partisan gerrymandering and instituting campaign finance reform. Both of those items are central tenets of the critical H.R.1, or "For the People Act", an omnibus and long-overdue elections and ethics reform package that has now been adopted by the U.S. House but faces a Republican filibuster in the U.S. Senate at this time.

"What many of us have been witnessing here in the United States is part of this larger global trend," Repucci tells me. "We've been tracking 15 years of decline globally, and the US has been declining the last ten years. So this is not totally not new in the US, and it's definitely not new globally.  What we are seeing are declines across the board in very repressive settings and also in democracies and everything in between." She warns: "The main takeaway is that no country is safe from this. It's affecting all types and all regions. It's something that we need to take really seriously."

Finally today, the CDC has issued its first guidelines for those who are now fully vaccinated against the coronavirus. The guidance, which we discuss, allows for, among other things, those who have been fully vaccinated to hang out indoors, in private settings, without masks or social distancing with others who have been fully vaccinated as well. So, there's just one more good reason to get a shot as soon as you can figure out how to get one (or two, as the case may be). So far, just under 10% of Americans have been fully vaccinated...

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We've got mostly democracy-related stories to report on today's BradCast. Some good news, and some bad. But there's a whole bunch of anti-democracy GOP fraud throughout, because what democracy story in the U.S. these days doesn't include Republican fraud and/or attempted voter suppression? [Audio link to full show is posted below summary.]

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

• We start with one story that has little to do with democracy, though it should be enough to ensure these two idiot Governors are never elected to anything ever again. In case you are unclear just how idiotic the Governors of Texas and Mississippi are, after they lifted all COVID restrictions in each state this week in hopes that folks won't notice how horrifically they failed their own constituents following the winter storm there three weeks ago, Axios reports today that, while COVID infections rates are still falling in most states, the rate in Texas is up 27 percent over the past week and Mississippi's is up a nation-leading 62 percent! Luckily, both states are islands, so the idiocy of their Republican Governors won't effect everyone else's efforts to get beyond this pandemic once and for all, right?

• House Democrats, as expected, passed H.R.1 --- the "For the People Act" --- on Wednesday night with zero Republican votes. The massive, landmark, once-in-a-generation voting rights, campaign finance reform and ethics reform bill now moves to the Senate. In that undemocratic body, however, where a simple majority is NOT enough to pass a democracy reform bill as of now, it will likely die, unless enough pressure is applied on Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona to do the right thing, reform the filibuster, and allow this critical (if imperfect) measure to pass while Democrats have a brief opportunity right now to do so. The measure is long overdue and, according to new polling, wildly popular with the American people of all parties. 68% of likely voters favor the bill, and even a majority of Republicans (57%), back it as well.

• The sad (and dangerous) Trump/GOP effort to con Americans into believing last November's election was stolen from the disgraced former President --- despite all evidence to the contrary --- continues.  And the massive evidence to the contrary continues to mount. This week, Michigan's Secretary of State announced that the results of a second statewide post-election audit once again confirms the initially reported results. "All of Michigan’s more than 250 election audits are now complete, and each and every one of them affirmed the integrity of the November election and the accuracy of the results," Sec. of State Jocelyn Benson said on Thursday. The audits were carried out by "More than 1,300 Republican, Democratic, and non-partisan election clerks...working across the aisle to review one another's procedures, ballots and machines in coordination with the state Bureau of Elections." Full hand-counts were carried out in some places, such as Antrim County, where Republicans pretended that Dominion Voting Systems machines were used to try and steal the election from Trump.  And, in heavily populated cities like Detroit, election officials determined that, of 174,000 absentee ballots tallied in the city, only 17 votes were ultimately "out of balance" (where the number of ballots cast in a precinct differed from the number of envelopes or signatures accounted for.)

• But the most embarrassing state GOP idiocy of the week may belong to the Republican-controlled state Senate in Arizona. After months of subpoenas to elections officials, ordering them to turn over all 2.1 million ballots cast in Maricopa County (Phoenix) last year --- and even coming within one vote of throwing elections officials there in jail for following state law by securely retaining custody of the ballots cast in the County last November --- a state judge finally ordered Maricopa officials to obey the subpoena to deliver all ballots to the Senate, so they could count them themselves. They were all delivered, 73 pallets of them, this week. And guess what? Senate Republicans have no idea what to do with them now.  The story is even worse than it sounds, as we discuss today.

• But at least officials in Kansas were finally able to find some voter fraud. Specifically, voter fraud by now-former Republican U.S. House Rep. Steve Watkins of Topeka. The one-term Congressman was defeated last year. But not before he lied about his residence, using the address of a UPS store on his voter registration, voted in an election he was not entitled to vote in, and then lied to state investigators about it all.  He was charged with three felonies related to voting. This week, however --- because, luckily, he is a white, male Republican from Kansas --- prosecutors are allowing him to enter a diversion agreement that delays his trial for six months, and drops the charges entirely if he's a good boy through September. We compare his treatment to that of Crystal Mason, an African-American mother of three in Texas, who, unlike the Kansas Congressman, had no idea she was violating the law when she cast a provisional ballot that was never counted in the 2016 election. She received a sentence of five years in prison for her "crime".

• Finally, we're joined by Desi Doyen for our latest Green News Report, as climate change has resulted in the weakest Gulf Stream in about 1,000 years; carbon emissions are rising again as COVID restrictions are loosened; Joe Biden raises U.S. targets under the Paris Climate Agreement; and another major carmaker announces plans to stop selling all gas burning, internal combustion engine vehicles in their line in very very short order...

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Plummeting COVID rates and FDA approval of a brand new, one-shot vaccine seem like very good news! And it is...if it weren't for our propensity to screw it all up again, as our guest on today's BradCast explains. [Audio link to today's full show is posted below this summary.]

But first, in other good/bad news reports today, the former conservative President was found guilty of corruption and sentenced to a year in prison on Monday! The bad news is that it wasn't our former "conservative" President, but French President Nicolas Sarkozy. Still, it does suggest that modern, civilized democracies can hold even the most powerful to account. We'll see if the U.S. justice system learns anything from that example.

In the meantime, we clearly have yet to learn the lesson about the need to modernize our critical infrastructure --- or of the dangers of deregulating, privatizing, and profiteering from essential services such as power and water. The shameful, widespread outages in Texas from a winter storm two weeks ago offered a fresh reminder about that, even as hundreds of thousands in Houston remain under boil water orders today.  But, much less noticed and reported on than the mess in Texas is the fact that tens of thousands are still without clean water --- or even any water at all --- in much of Jackson, Mississippi, where decades of failure to invest in the city's antiquated water system has now left much of it without water at all for the past two weeks. As it turns out, however, the areas of Jackson without water just happen to be the predominately black areas of the state's 80% African-American capital city.

Long overdue improvements to critical infrastructure could finally begin in some states and cities with the passage of President Biden's wildly popular American Rescue Plan. The U.S. House passed the $1.9 trillion package --- which includes $1,400 individual checks and hundreds of billions in relief to families, businesses, schools, unemployed workers, as well as cash-strapped cities and states --- late last Friday night. The House version also a includes the very popular $15/hour minimum wage mandate, even though the Senate Parliamentarian declared last week that the provision could not be included for passage under Senate Budget Reconciliation rules. Those rules would allow the package to be adopted by a simple majority vote in the Senate this week, rather than the 60 votes currently needed for passage under the Senate's archaic, undemocratic, Jim Crow-era filibuster rules.

Despite the popularity of the package (76% approval over all, including 60% of Republican voters), there were zero votes for passage by GOPers in the gerrymandered House. Republicans in the Senate are believed likely to similarly ignore the preferences of a majority of their own voters. That, even though the measure enjoys bi-partisan approval by voters and the package also includes tens of billions of dollars to speed distribution of COVID vaccines.

Speaking of which, a third vaccine received FDA approval over the weekend, and millions of doses are now said to be on on their way to distribution points.  The first single-dose vaccine to be granted FDA emergency use authorization for COVID-19 is Johnson & Johnson's. It is said to be highly effective and requires only regular refrigeration for storage, as opposed to sub-freezers. So, in theory, it is much easier to get out and into people's arms quickly. But is it as effective as Pfizer and Moderna's vaccine? And does it matter one way or another? We discuss that with our guest today as well.

As COVID infection, hospitalization and death rates have been plummeting in recent weeks, epidemiologists have become worried. There are signs that the precipitous drop after the horrendously deadly autumn surge last year has begun to plateau at similarly high rates to those we saw just before that surge. But now, there are much more transmissible variants emerging. At the same time, states and cities are beginning to lift restrictions again --- just as they did before last year's surge that quickly propelled deaths to more than 500,000 in the U.S.

We're joined today for some very helpful insight on both the vaccines and concerns about the current rate of spread, by DR. KARL KRUPP of University of Arizona's Zuckerman College of Public Health. In short, Krupp warns, "we're screwing it up all over again."

"To be quite blunt about it" Krupp tells me, citing those who ignored warnings from public health authorities about reopening schools and businesses before Thanksgiving last year, "It's funny how short of a memory we have. We're just approaching where we were in the middle of October.  We're just coming back from where we went the first time we did everything wrong. And the question is, are we going to do everything wrong this time?"

His answer is not necessarily encouraging, as he predicts that we could very well see not only a fourth surge, but one that is even higher than what devastated the nation late last year.

As to the vaccines, we talk about the fact that Johnson & Johnson's, while only requiring a single dose, is said to be only 66% effective against the virus, as compared to the 94 and 95% rates of the Pfizer and Moderna vaccines. Though the newest vaccine to obtain FDA approval also is said to be 85% effective against severe cases and, to date, 100% effective in preventing hospitalization and death.

But, if given a choice, wouldn't it be smarter to take the Pfizer or Moderna versions? Krupp is sympathetic to those concerns, but argues that Americans should take any vaccine they can get as quickly as possible right now. He explains why. He also answers a bunch of questions about whether those who have been vaccinated can still become infected or infect others and discusses concerns that minority communities are currently being vaccinated at far lower rates.

He also offers his predictions as to when life might actually return to normal, and when it will return to mostly normal --- or at least something that feels much more like the Before Times. Please tune in for today's very insightful --- and hopefully helpful! --- conversation...

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I'm sorry to end the week on such a scary note, but I don't make the news, I just report it. It's NICOLE SANDLER again, guest hosting another edition of the The BradCast today. [Audio link to the full show is below.]

I read an article at Vox titled "Two Supreme Court cases could destroy what remains of the Voting Rights Act". It so thoroughly freaked me out that I immediately reached out to its author, IAN MILLHISER, and invited him to join me on The BradCast.

The fact is, Trump stacked the courts with right wingers who'll stop at nothing to get and retain power. And it's not only that. We're headed down a really ugly road, as is evidenced by watching the wingnut travesty that began today in Orlando known as CPAC. One look at the stage and you realize something's not quite right. Look closely and you'll figure it out. There's no question that it's in the shape of the Odal Rune, a decidedly fascist symbol that was worn as a badge by the SS during WWII.

I started the show with the latest news. And ended it with some lighter fare because after all of this depressing stuff, we needed something to laugh about. I hope it worked!...

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On today's BradCast: Try as they did, Donald Trump and the Republican Party were unable to steal the 2020 Presidential election. But they've got their plans in place for how to try and do it next time. They just need their currently stolen and packed Republican U.S. Supreme Court majority to help them pull it off. This week, SCOTUS chose not to do so --- even if they may in the future. But, in a separate decision, the Court did radically help increase the odds that our disgraced former President could be headed to jail before he's even able to run for office again. [Audio link to show is posted below summary.]

But first up today, some good news out of Virginia, where more people have been put to death by the Commonwealth's government than in any other state in the nation. Since their founding as a colony in 1608, some 1,390 people have been executed by the government there. Since SCOTUS reinstated the death penalty in 1976, Virginia has executed 113 people. That is more than any other state but Texas. This week, however, following Democrats gaining majorities in both chambers of the legislature, Virginia will now become the first Southern state --- and the 23rd in the union --- to abolish the abhorrent practice. And not a moment too soon, particularly given the systemic racism of their death penalty practices. For example, as the Death Penalty Information Center pointed out to Washington Post this week, "From 1900 to 1969...Virginia did not execute a single White person for any offense that did not result in death, while 73 Black men were executed for rape, attempted rape or robbery." So, yeah. Very good news out of Virginia this week, as Democratic Gov. Ralph Northam prepares to sign the long-overdue measures finally adopted by the state legislature.

Speaking of state legislatures, on yesterday's BradCast, we reported on this week's decision by SCOTUS to purge a bunch of held over Trump/GOP challenges to the 2020 election. Cases from Pennsylvania, Wisconsin, Michigan, Georgia and Arizona were all dismissed as moot. But dismissal of the Pennsylvania cases found three Justices --- Thomas, Alito and Gorsuch --- in dissent [PDF]. The two nearly identical cases in question had challenged the PA state Supreme Court's decision to extend the deadline [PDF] for the return of absentee ballots by three days after Election Day, due to the pandemic, slowdowns by the U.S. Postal Service and a provision in their state constitution mandating fair elections.

With all of their many other attempts to steal the 2020 election having failed, the GOP has now latched on to a radical interpretation of the U.S. Constitution's Elections Clause to argue that only state legislatures --- not Governors, not Secretaries of State, not State Elections Board or even state Supreme Courts --- may set any procedure for federal elections. Therefore, the Trumpers argued in their now-dismissed Pennsylvania challenges, the three day extension by the PA Supreme Court to enforce their state's Constitution by allowing for the arrival of late mail-in ballots cast by Election Day, was an unlawful violation of the U.S. Constitution.

Though no SCOTUS majority has ever affirmed this extreme reading of the federal Constitution, this is what many Republicans have now decided to believe to make themselves feel better after losing last November. In Pennsylvania, however, there were only 10,000 late arriving ballots and Joe Biden won the Keystone State by about 80,000. So SCOTUS decided the issue was moot and dismissed the cases. But Thomas, Alito and Gorsuch argued the case should have been heard anyway.

"A decision in these cases would not have any implications regarding the 2020 election," Alito wrote in dissent. "But a decision would provide invaluable guidance for future elections." On yesterday's program, I actually agreed with Alito and explained why.

Today, for a counter-point, we're joined by Slate's great legal journalist MARK JOSEPH STERN who offered a very different view from mine in his own coverage of Monday's decision by the high court. While justifiably destroying Justice Thomas' solo dissent in which he argued that mail-in ballots are bad even if there is no fraud, simply because people may think there is fraud, Stern also argued that SCOTUS was right to dismiss the case, rather than hear it. In part, he argues, that's because this Court has been packed so far to the extreme right. "We should be very afraid of what the Court would say," he tells me. "And that fear is enough for us to just hope that the Justices put off a decision on this matter for as long as humanly possible."

But I disagree with Stern and, in a very spirited debate, explain why. Who wins that one? Tune in and decide for yourself.

Stern also comments today on whether our failed former President should be concerned that his own packed and stolen U.S. Supreme Court, in an apparently unanimous decision on Monday, finally allowed Manhattan District Attorney Cyrus Vance to obtain Trump's financial and tax records as part of Vance's grand jury criminal probe into alleged bank, tax and insurance fraud by Trump and his organization. In short, Stern asserts, "the answer is yes," Trump should be very concerned. "They're looking at felony offenses here, not just civil offenses, run-of-the-mill white collar stuff, but serious crimes. I do think there's a serious chance that we could see an indictment of Donald Trump coming down the pipeline in the near future." Though he does add a caveat or two.

Of even more immediate concern, Stern recently wrote, Trump's efforts to interfere with Georgia's election results --- for example, cajoling and threatening the state's Secretary of State Brad Raffensperger to "find" enough votes to declare him the winner --- could spell trouble, and even jail time, even sooner.

"You'll see some people argue that Trump can't be convicted under this law --- the ban on criminal solicitation of election fraud --- because he didn't have the requisite state of mind, because he didn't actually want the Sec. of State to falsify records because he was deluded enough to believe that there were actually 12,000 secret votes for him out there that could be found. That's a question for the jury, that's not a question for the prosecutors or the grand jury. That is something Trump could argue at a criminal trial," says Stern, before adding: "I think that any reasonable reading of that transcript proves that Trump was, in fact, looking for the Secretary of State to falsify records, to commit election fraud. It is very difficult to read those sentences in any other way."

He explains why Trump could soon be looking at anywhere from 1 to 3 years in that criminal probe by the Fulton County (Atlanta) District Attorney and whether he thinks it is actually possible that a former President of the United States may actually receive prison time before all of this is said and done...

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By a number of happily surprising measures, the confirmation of Joe Biden's Attorney General nominee is going very well. Perhaps even better than expected, according to our guest on today's BradCast.  And, best yet, it may even result in some serious consequences for our former President. [Audio link to full show is posted below.]

But, first up today...The U.S. Supreme Court on Monday finally dismissed a bunch of silly and/or meritless MAGA challenges to the 2020 Presidential elections results in Pennsylvania, Wisconsin, Michigan, Georgia and Arizona. But the case out of Pennsylvania, in which dissents [PDF] to its dismissal were offered by Justices Clarence Thomas, Sam Alito and Neil Gorsuch, warrants notice. The case argued that the Pennsylvania Supreme Court, in ordering [PDF] a three-day extension for the arrival of mail-in ballots, prior to the November 2020 election, violated the U.S. Constitution. The PA Supremes found that, given the pandemic and slow-downs in mail delivery by the U.S. Postal Service, the state's deadline for ballots to arrive by the close of polls at 8pm on Election Night violated their own state constitution's mandate for fair elections. The Republican challenge to their ruling charged that the state high court was in violation of a radical interpretation of the U.S. Constitution's Elections Clause allowing "The Times, Places and Manner of holding Elections" for federal office "shall be prescribed in each State by the Legislature thereof".

That, their argument goes, means that only state legislatures may set any provision whatsoever pertaining to elections. Any such procedure set by a Secretary of State or Governor or even a state Supreme Court is therefore unconstitutional on the federal level. Or so the GOP is now claiming. It is, for several reasons, a ridiculous argument. But it is one that has been given new life in the Trump Era as desperate Republicans took their cue from the former President to come up with any reason whatsoever to nullify election results they didn't like.  There are now at least three, arguably four, Justices on our stolen and packed U.S. Supreme Court who appear to buy into the radical argument. Nonetheless, the case was dismissed on Monday on the grounds that the matter was moot. (There were about 10,000 late arriving ballots in PA last November, and Biden won the state by about 80,000 votes.) But, without an election hanging in the balance, the dissenters noted that this case would have been an ideal moment to settle this matter. Oddly enough, I actually agree on that last point with Thomas, Alito and Gorsuch, and we discuss why on today's show.

That, as GOP-controlled legislatures around the country continue to move forward with new voter suppression schemes following their loss on the Presidential level in 2020. Today for example, Georgia's Republican-majority Senate approved a measure that would require a copy of a Photo ID to even request a mail-in ballot. And that's just the start of what the state's wingnut legislature is now up to, after having recently lost the Presidential race and two U.S. Senate seats in the Peach State.

All of which underscores again the critical need for Congress to pass HR-1, the "For the People Act," which would go a long way toward blocking the new GOP attacks on the right to vote. To do that, of course, Democrats in the Senate will need to end the filibuster. And to do that, Democratic Senators Joe Manchin and Kyrsten Sinema will have to come to understand how they are allowing these overt attacks on democracy itself to worsen at the state level, as they protect the undemocratic Jim Crow-era filibuster.

Then, we're joined by longtime national security and accountability blogger MARCY WHEELER of Emptywheel, who has now moved to Ireland for reasons that she explains on today's program. The real reason we wanted to catch up with her, however, is to discuss the ongoing confirmation process for Biden's AG-designate Merrick Garland --- who completed his GOP-stalled second day of testimony in the U.S. Senate on Tuesday and to discuss Monday's unanimous ruling by SCOTUS that Trump's financial documents must now be handed over to the Manhattan District Attorney, Cyrus Vance, Jr., for his criminal probe into alleged tax, bank and insurance fraud by Trump and his organization, as well as the unlawful conspiracy he directed involving hush money payments to porn star Stormy Daniels before the 2016 election.

Is Trump soon to face very real accountability that could actually include jail time? Whether it's in the New York state case, another criminal investigation into his election interference in Georgia, or even under AG Garland's promised federal response to the conspiracy to take over the U.S. Capitol on January 6th?

Wheeler has lots of thoughts on all of the above on today's BradCast --- and you probably won't be angry about (most of) them. I'll share just one of them for now here, regarding those charged for conspiracy for the January 6th attack on the U.S. Capitol: "All of these defendants, one after another, saying 'I was just swept up by the inflammatory language of the then-President. That may be true, but it doesn't get them off for the crime. But if one after another are saying 'Trump made me do it,' then at some point you've got to respond to that."

Now may be a good time to brush up on the legal meaning of the phrase "seditious conspiracy."

Finally, we close with Desi Doyen and our latest Green News Report, on the continuing fall out from the Texas power and water failure over the past week, the fossil fuel-funded GOPers who lied about it, and the not-a-moment-too-soon official U.S. return to the Paris Climate Agreement...

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We're off today, but we've got a BradCast 'RECOUNTED' for your listening pleasure, with two excellent recent interviews that you may have missed --- or just need to hear again. [Audio link to show is posted below.]

• First up is Brad's 2/4/2021 interview with terrorism and insurgency expert COLIN P. CLARKE, a Senior Research Fellow at The Soufan Center and author of a number of books on international terrorism. We discuss his recent New York Times op-ed warning of the rising menace of rightwing domestic terrorism. Clarke, who has spent decades studying insurgencies around the globe, explains how the Jan. 6 attack on the U.S. Capitol has set the stage for recruitment of even farther-Right extremists. He warns of the potential for yet more violent events in the near future, and what actions can be taken to counter these growing threats.

• Then it's Brad's conversation on 2/16/2021 with Constitutional legal scholar JOHN BONIFAZ, Co-Founder and President of the non-partisan governmental accountability group Free Speech for People. Bonifaz is also the co-author of the 2018 book The Constitution Demands It: The Case for the Impeachment of Donald Trump. In a wide-ranging discussion, Bonifaz delves into various paths towards accountability for the 45th President and the Republicans who supported and promoted the deadly January 6th insurrection as well as critical actions and crucial reforms to our electoral system that must be implemented to protect and defend our democratic system going forward.

We'll be back LIVE soon!

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