At some point, the President is just gonna have to do the right thing and stop playing footsie with disingenuous, bad faith Republicans who are holding the nation's economy hostage over the unconstitutional debt limit law. Also, the Democratic Governor in Arizona has some splainin' to do on today's BradCast. [Audio link to full show follows below this summary.]

After a bit of breaking news at the top of the show (regarding a breakthrough agreement on water sharing between Western states on the drought-stricken Colorado River, and E. Jean Carroll suing Trump yet again for defaming her yet again), it's onto the dangerous negotiations still taking place, for some reason, between the White House and House Speaker Kevin McCarthy over whether or not the U.S. will follow the law and pay its bills or go into default for the first time in the nation's history.

We're joined today by investigative financial journalist, author and Executive Editor of The American Prospect, DAVID DAYEN. He has been reporting on a lawsuit recently filed by the National Association of Government Employees (NAGE) against President Biden and Treasury Secretary Janet Yellen, charging that they are already violating the law by "suspending investments into...employee retirement plans" as part of Yellen's so-called "extraordinary measures" to avoid hitting the arbitrary borrowing limit implemented by Congress. She has said that those measure will run out as early as June 1, before the U.S. won't be able to pay all of its bills without borrowing more money. "There is active and ongoing harm which will get worse if the ceiling is hit," the NAGE suit alleges.

At the same time, as listeners may know, we've been covering the text of Section 4 of the 14th Amendment which states in clear language: "The validity of the public debt of the United States, authorized by law, including debts ... shall not be questioned." While Biden has made clear he is aware of the Constitutional option, he has said (not necessarily correctly) that invoking the 14th Amendment to follow the law by ordering the Treasury Department to continue borrowing to keep paying all of our bills would have to be litigated. That, he suggests, would take too much time to be adjudicated in court in order to avoid an upcoming debt default. Thus, he has been negotiating with McCarthy to find an agreement that McCarthy, as Dayen points out today, is unlikely to be able to even get his own caucus to agree to vote for.

With all of that in mind, and NAGE having filed for an emergency injunction in their lawsuit late last week, Biden and Yellen now have until June 6 to respond to the suit. Dayen points out, in both his X-DATE newsletter today and on our program, that Biden/Yellen merely need to respond to the suit by saying they agree with the plaintiffs suing them. The federal judge will then have no choice but to find in favor of NAGE, ruling that the President cannot pick and choose which bills will or won't be paid and that the 14th Amendment likely makes the Debt Ceiling law unconstitutional.

Problem solved! At least if Biden and the White House finally take this golden opportunity that has been handed to them. Sure, there are some nuances, as we discuss with Dayen, but, in general, Biden could use this to end the standoff in short order, before a global financial catastrophe --- which will only increase the U.S. deficit that Republicans in the House are only now pretending to give a damn about --- comes crashing down as early as next week.

"Here's your chance, Joe," says Dayen. "You have to write a response in this active litigation, and what you can say is 'I agree, and I am not going to contest this lawsuit.'" Once the judge receives that, Dayen explains, he'll have to say, "'Okay, I've got two sides in this lawsuit. One side says the debt ceiling is unconstitutional, and the other says it, too.' Presumably, the outcome, the ruling, would be that the debt ceiling is unconstitutional. Who would appeal it? There are two parties in this case, and neither are House Republicans."

ALSO TODAY: Last week on the show we spoke with Arizona's former Republican Secretary of State, now state Senator Ken Bennett, about a bipartisan bill passed out of the state's legislature last week to greatly improve election oversight, transparency and security by making digital ballot images of every ballot cast available for anyone to download and count for themselves in their own home if they wish. (A ballot image is a digital photo of each ballot that is taken as the ballot is scanned by the computer tabulators. It shows exactly how the voter voted at the time the ballot was cast and counted.)

The landmark measure, HB2560 --- which would make it much more difficult for the MAGA right to falsely claim elections are stolen --- was sponsored by Bennett in the AZ legislature and supported by the state's current Democratic Sec. of State Adrian Fontes as well. Thus, last week, when we spoke with Bennett, his hope was that the state's new Democratic Governor (and former Democratic Sec. of State) Katie Hobbs would sign the landmark transparency measure this week.

Instead, just before airtime, Hobbs vetoed the bill, falsely claiming it would "threaten anonymity" of voters and "open the door to the spread of additional election mis- and dis-information."

As Bennett explained last week on the show, he strongly disagrees. So does the nonpartisan election transparency group, AUDIT USA, headed up by longtime Democrat and ballot image proponent, John Brakey. They issued a statement responding to Hobbs' veto, calling it "a blow to efforts to reduce election conspiracies."

They charge the measure would "achieve just the opposite" of spreading "mis- and dis-information." In the statement, Brakey said that "By claiming the bill would compromise the privacy and anonymity of voters and lead to the increased spread of disinformation, the Governor has ignored the experience of multiple jurisdictions around the country that have been posting ballot images without the problems she claims would be caused."

The group is now hoping to win the one more vote in the state Senate and 9 more votes in the state House that will be needed to override Hobbs' veto. They will have about 21 days after they come back into session in mid-June. Stay tuned...

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It will be a landmark moment for election transparency in Arizona, argues the man who has championed the bill for years, as discussed on today's BradCast. Along the way, the longtime, dyed-in-the-wool progressive and non-partisan election transparency advocate has brought key allies on board, including the state's former Republican Secretary of State and its current Democratic Secretary of State. The big question, now that the bill has passed out of the legislature: Will the state's Democratic Governor sign the bill into law? [Audio link to full show follows this summary.]

John Brakey, of the non-partisan election integrity group AUDIT USA in Tucson, has been a guest on this program many times over the years. He is, perhaps, most famous for revealing that the silly CyberNinjas carrying out a so-called audit of the 2020 Presidential election in Maricopa County (Phoenix) in 2021 were searching for bamboo fibers in ballots in hopes of proving China had somehow stolen the election from Donald Trump in the state. (They didn't. The "audit" would prove, in fact, that Joe Biden beat Trump by an even larger margin than originally reported.) After years of reaching out to lawmakers on all sides of the aisle, Brakey's bill to declare digital ballot images as public records available to all was finally adopted by both chambers of the very Republican Arizona state legislature this week.

Sadly, just three Democrats voted in favor of it in the Senate, even though the state party included a call for such a measure in their party platform years ago. But Brakey was finally able to win over enough support to see the bill sent to the Governor's desk this week, with the support of AZ's new Democratic Sec. of State Adrian Fontes and the state's former Republican Sec. of State, now a state Senator and our guest on today's show, KEN BENNETT [pictured above].

Bennett and Brakey worked closely together to oversee the 2020 audit in Maricopa as Bennett served as a liaison to the state Senate.

For those unaware, digital ballot images are created by most scanners that tabulate ballots across the country. They are, essentially, digital photos of the actual paper ballot cast by the voter when it is scanned. The tabulator then uses those images to tally the voter's selections. The newly adopted bill in AZ, HB2560, would make all of those images available to the public almost immediately after elections. If so, anyone would be able, if they wish, to download them, examine and count the ballots to their heart's content.

As Senator Bennett explains today, the bill also mandates the release of the Cast Vote Record (CVR), a spreadsheet version of every ballot cast and the votes on each ballot, allowing the public to match a digital ballot image to its corresponding row in the CVR to make sure the computer tabulators tallied it as cast by the voter.

In addition to the release of those two sets of records, HB2560 also mandates that a list of all registered voters is made available before the election (those are already public records), and a list of those who voted in the election, greatly increasing transparency and critical public oversight of elections.

"Most of the allegations of impropriety or fraud that I and John Brakey and others have had to deal with over the months and years have to do with three major categories," Bennett tells me today. "One: are there unauthorized voters being allowed to vote in the system?" He says that's what the two voter lists will be able to tell us. "Another general aspect of criticism of the elections --- when certain people lose --- is, 'There had to have been unauthorized ballots injected into the system in favor of someone else.' That's addressed by the fact that there should be one ballot image --- no more, no less --- for everyone who voted. If the ballot images can be shown to match the exact number of voters who voted, then that goes away immediately."

"The third general accusation about stolen or fraudulent elections is that there are either mistakes or intentional manipulation of the machines, or something to transfer votes from one person to another. That is addressed by the Cast Vote Record being comparable to each or every ballot image to make sure they were, in fact, added up correctly."

While hand-counting the original article (as opposed to a digital photo of it), may still, ultimately, be the Gold Standard for democracy, this scheme gets us darn close in many ways. And, arguably, it may be even better in some aspects, in that it allows each and every individual in the state to count the ballots for themself if they wish --- at no cost! Brakey hopes to see a similar regime in every state in the country.

Bennett explains why he believes most Dems in the state legislature opposed HB2560, even though Sec. Fontes spoke passionately in favor of the bill during a legislative hearing earlier this year and, as Bennett notes, "this concept was part of the Arizona State Democrat Party state platform in 2012, no less."

"This is not a Republican idea or a Democrat idea," Bennett contends. "This is an election integrity idea that is supported by Republicans, Democrats and Independents." He is disappointed more Dems did not come on board, but offers an explanation for that on today's show, suggesting it was for political reasons, "rather than the legitimacy of the bill itself."

In fact, Jenny Guzman, Program Director at Common Cause of Arizona, has been whipping against the bill in misleading op-eds and emails to members, derisively referring to it as "the Voter Privacy Violation Act" and falsely claiming it will reveal how voters voted. (We reached out to her for an explanation of her somewhat bizarre critique some time ago, but received no response. A very good rebuttal to her claims is posted here.) While Brakey, Bennett and Fontes worked in a bipartisan fashion to modify the bill to answer to any and all concerns, Guzman has continued to mislead the public about it. Bennett politely described "a couple of her critical claims" as "just not true."

"Voting is a sacred and secret process," argues Bennett. "Once we have disassociated the ballots from any particular voter, the counting of our ballots needs to be a very public process, and it needs to be verifiable by the public." He argues this system will help prevent false claims by election deniers like Kari Lake, 2022's failed GOP candidate for Governor. "When that visual proof is verifiable --- by candidates, by regular citizens, by the media, by universities, by election scrutineers like John Brakey's AUDIT USA group down in Tucson --- all of that can and will be verified."

So, will the state's Democratic Governor Katie Hobbs now sign the bill into law? That is unknown, though Bennett believes "we've got a good chance" given her familiarity with the systems and issues at hand as the state's previous Secretary of State before becoming Governor this year. We'll find out within days. Bennett urges voters, both in AZ and elsewhere, to contact the Governor and let her know your feelings about HB2560 to Engage@AZ.gov or via the Governor's website.

ALSO ON TODAY'S SHOW: While HB2560 is an excellent election bill adopted by a far-right leaning state legislature in AZ, I've got a few thoughts on a terrible election bill, Georgia's SB202 voter suppression bill, adopted by the far-right legislature in the Peach State. (I am serving as a named plaintiff representing media in a lawsuit filed against the bill by the Coalition for Good Governance). And Desi Doyen joins us for our latest Green News Report...

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UPDATE 5/22/23: Arizona's Democratic Governor Katie Hobbs has vetoed HB2560. Details now here...

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Democracy is not having an easy time of it of late, as both of our main stories on the always pro-democracy BradCast seem to underscore today. [Audio link to full show follows below this summary.]

FIRST UP, after months of wrangling, Ohio's gerrymandered Republican state House on Wednesday decided to put majority rule up for a vote this summer. Specifically, they voted to hold a special election for a state constitutional amendment asking voters if all future amendments placed on the ballot must reach 60% for passage. The GOP amendment in August will require only 50% to be adopted, as has been the case for all such measures in the Buckeye State since 1912.

The August special election will come just in time to preempt a the state's November general election, which is likely to feature a citizen-led ballot amendment to protect abortion in Ohio as a constitutional right. That, of course, is why Republicans are hoping to undermine that measure with their own small turnout election in late Summer. They hypocritically characterized the controversial initiative as a "constitutional protection act", meant to keep "out-of-state special interests" away from Ohio's foundational documents. But the measure's top backer was a PAC named "Save Our Constitution", funded with $1.1 million from one single out-of-state billionaire GOP megadonor.

Every single former state Governor opposed the measure, along with five former Republican and Democratic state Attorneys General and the Ohio Libertarian Party. But it was supported by the state's hypocritical Republican Gov. Mike DeWine and Sec. of State Frank LaRose, both of whom eagerly supported an election reform package adopted just four months ago in January, which did away with August Special Elections after finding them to be low-turnout and expensive. Then these "conservatives" supported this new special election anyway, at a price tag of $20 million to state taxpayers, in exchange for which they will get to vote on taking away their own democratic power.

Similar efforts to undermine abortion rights, however, since the overturning of Roe v. Wade by the corrupt U.S. Supreme Court last year, have failed miserably in both right- and left-leaning states. But those measures won with anywhere from 50 to 60% of the vote. Recent AP polling finds support for reproductive freedoms in Ohio to be at 59%. Thus, the GOP's attempt to undermine majority rule this Summer by requiring 60% for passage of future ballot measures...other than their own.

NEXT: CNN called it a "town hall". In truth, it was a 70-minute Donald Trump infomercial filled with a non-stop litany of his twisted lies from beginning to end. The number of lies he told is entirely too long to detail here, on everything from the 2020 election, to January 6, to his stolen classified documents, to this week's federal court verdict finding him liable for sexual abuse and defamation, to pretty much anything else that you or CNN moderator Kaitlin Collins or the Trump-supporting crowd in attendance at St. Anselm's College in Manchester, New Hampshire could come up with.

He also made clear that he would pardon the January 6th insurrectionists and seditionists, and that he supports the imperialist invasion of authoritarian Vladimir Putin's Russia over defending democracy and humanity in Ukraine.

But, while Wednesday night's shameful spectacle clearly embarrassed even the many CNN commentators serving as post-game analysts, did the live town hall ultimately help or hurt Trump overall?

We're joined today by our old friend HEATHER DIGBY PARTON of Salon and Hullabaloo to discuss exactly that and much more related to what is arguably one of the lowest moments in CNN history.

(I'd love your thoughts on that question as well, and may share them on air in the days ahead. Please leave any such thoughts below in comments or email me, if you prefer.)

"It was a clown show," says Parton who did not realize it would include an audience stacked with GOPers, as it was presented as a Republican town hall before next year's New Hampshire primary. "That gave him the ability to go on national TV and essentially hold a rally. A rally in which he had a foil there in Kaitlan Collins, who, I think she did about as good as you could do. I don't have a lot of complaints with her, she was thrown into a situation that was unwinnable."

She discusses why CNN is taking this attempted turn to the right, in order to curry favor with Trump voters at the behest of their new, rightwing owner who sees Fox "News" as fair and balanced. "CNN is in a ratings spiral, doing a lot of retooling. It seems obvious to me that CNN thought they could maybe cop some of those people if they put on the right show. That's what they did. It was horrifying."

While I discuss several points in which Trump did himself no favor with prosecutors preparing indictments against him, Parton cites some of the actually "dangerous" fallout likely to come from Wednesday night. "[Trump] said some things that were literally dangerous. For example, his stuff about Ukraine. I'm sure Vladimir Putin heard him clearly when he said, 'Within 24 hours [after taking office], I will do it'. We know exactly what he meant. Immediately upon becoming President, he would withdraw support and force Ukraine to surrender. That means the war that he was going on and on about, 'People are dying, they're dying'. They're going to be dying at least until November 2024 now, for sure, because he said that. There's no way that Russia will do anything until they know whether or not he's going to be President again. And that is disgusting."

FINALLY, we're joined by Desi Doyen for our latest Green News Report with news on Houston's latest toxic oil refinery fire; new, money-saving efficiency standards for dishwashers; troubling news from Greenland's ice sheet; and some hopeful news for PFAS "forever" chemicals out of tragedy in Minnesota...

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It's been quite the GOP crime wave this week on The BradCast. But today, in addition to that we've got some disturbing --- if not entirely unrelated --- kinda mind-blowing exclusive news out of a federal courtroom in the great state of Georgia. [Audio link to full show follows at the bottom of this summary.]

After quickly covering today's news on the 13-count federal indictment [PDF] filed in New York against Rep. George Santos (R-NY) for charges including wire fraud, money laundering, theft of public funds and making false statements to Congress, it's back to Georgia.

We have, for years now, been covering the long-running federal lawsuit challenging the use of the state's expensive, unverifiable, and --- according to one of the nation's top experts --- wildly vulnerable and insecure touchscreen voting systems.

The touchscreen Ballot Marking Device (BMD) systems made by Dominion Voting, currently in use in Georgia, were selected for use in 2020 by Republican Sec. of State Brad Raffensperger. He did so against the strong recommendations of cybersecurity and voting system experts following a ruling by a federal judge, in 2019, barring the further use of the state's previous touchscreen voting systems made by Diebold. U.S. District Court Judge Amy Totenberg found the previous systems to be unverifiable, insecure and, thus, unconstitutional. Unfortunately, instead of moving to a hand-marked paper ballot system at the time, as strongly recommended by experts, Raffensperger chose new touchscreen systems that had many of the same problems as the old ones.

The plaintiffs in the original federal case, Curling v. Raffensperger, quickly moved to bar the Dominion systems from being forced on every voter at every polling place in the state, as Raffensperger demanded. That suit continues. As part of it, Dr. Alex Halderman of the University of Michigan, an expert for the plaintiffs, was allowed to examine the Dominion touchscreen systems and found vulnerabilities so serious that Judge Totenberg sealed his complete findings, even from the plaintiffs! The U.S. Cybersecurity and Infrastructure Security Agency (CISA), however, was allowed to review Halderman's sealed report and made a list of critical software and physical security recommendations for the continued use of those systems in the battleground state.

Now, according to the transcript [PDF] from a hearing in Judge Totenberg's court last week in the Curling case, an attorney for the Sec. of State's office explained that while Dominion has completed CISA's recommended upgrades to the software and has had them certified for use by the U.S. Elections Assistance Commission (EAC) in late March, the state will not be installing those software upgrades until after the 2024 Presidential election.

As explained to the judge by the State's attorney Bryan Tyson, after spending hours "with the technical staff in the Secretary's office" and "hearing from folks with Dominion", it was determined that upgrades to the state's 35,000 touchscreen voting machines would be delayed until 2025.

"No jurisdiction has yet installed that upgrade...It has not been used in any election yet," Tyson told Judge Totenberg. "The upgrade process is a very intensive multistep process that involves multiple pieces of media, multiple components, and it involves touching every piece of the election system."

He explained that "every ballot-marking device has to have three different pieces of media installed on it to complete the upgrade. Every precinct scanner has to be upgraded. Every central count scanner has to be upgraded. And every election management server also has to either be replaced or upgraded. So, the implementation process for doing that is very involved."

According to our guest today, MARILYN MARKS of the Coalition for Good Governance, one of the plaintiffs in the Curling case, plaintiffs were stunned by the news. "You could hear gasps in the courtroom," she tells us today. "2025?! Immediately everyone thought, 'Presidential election, Georgia swing state.' We will have no way of knowing who won. And let's don't forget how much of a tinderbox Georgia was after the 2020 election. I believe it was a key part of the tinderbox that led to the insurrection. We're asking for it again."

There is, obviously, a lot to discuss on this matter with Marks today, including the most obvious point that, had Raffensperger listened to the experts and gone with hand-marked paper ballots, upgrading just one scanner per precinct for security reasons would have been a hell of a lot easier, faster, and cheaper, than upgrading every single voting machine --- 35,000 of them --- across the state.

"And we're not even beginning to talk about all of the warranty costs, maintenance costs, and printer costs and all that this system involves, when we're talking about just being a substitute for a ball-point pen," laments Marks. In addition to the time the State claims it will now take, she estimates the cost for upgrading the otherwise brand-new, $150 million system just purchased for first-time use in 2020 is likely to be in the tens of millions of dollars. "I don't think that $50 million and upwards is going to surprise anyone."

So, there is much more to discuss about all of this with Marks. Please tune in for the full conversation. But there was one more stunning bit of related breaking news from Marks today...

There was far too much news to fit into one BradCast today. We tried to do it anyway. [Audio link to full show follows below this summary.]

Among our many stories...

• It was difficult to notice this week, but there was yet another very good election day on Tuesday for non-Rightwingers, including more bad news for MAGA World in several local contests around the country. In Lincoln, Nebraska, incumbent Mayor Leirion Gaylor Baird, supported by Democrats, defeated a well-funded opponent supported by the state's billionaire Republican U.S. Senator (and former Governor) Pete Ricketts and fellow billionaire publisher Thomas Peed. Gaylor Baird won by nearly 10 points. Apparently, ads describing Lincoln, the state capital, as a dystopian hellhole did not go over well with voters...in Lincoln.

• A MAGA election conspiracist and local elections clerk named Stephanie Scott (pictured above), was tossed out of her job in a rare recall election on Tuesday in Adams Township, Michigan in Hillsdale County, one of the state's most Republican-leaning areas. Scott is under state criminal investigation after refusing to turn over her town's computer vote tabulator in 2021, which she believed held evidence of fraud revealing Democrats had stolen the state's Presidential election in 2020. That, in a town that Trump/Pence won with 75% of the vote that year. (If the story sounds familiar, see Tina Peters, former Mesa County, Colorado Clerk, who has since been tossed out of her job and indicted on 10 counts.) This appears to be part of the multi-state MAGA conspiracy to breach voting systems, hatched at the Trump White House in December 2020, as we detailed again last week. Scott was defeated by a 2 to 1 margin on Tuesday by an independent challenger running on the slogan "Make Adams Township Boring Again".

• But, if ya can't beat 'em, suppress their vote! That seems to be the Republican plan for "winning" elections from here on out, apparently. After losing statewide ballot initiatives that would have restricted abortion rights last year, including in so-called "red" states like Kansas and Kentucky, the GOP is now hoping to game the ballot initiative process itself in several states. The most immediate and noteworthy is Ohio, where supporters of reproductive freedom hope to place an initiative on the ballot in November to establish a state Constitutional right to abortion. But Republicans, who just four months ago adopted a statute ending costly August elections, are now moving to place an amendment on the ballot in a $20 million Special Election in August that would raise the requirement for adoption of Constitutional Amendments from a simple majority vote to a required 60% for passage. (Ironically, the GOP lawmakers own Amendment, if voted on in August, would only require 50% to be adopted.) Other gerrymandered GOP states are now attempted to do the same thing, including Missouri, where Republican lawmakers there are doing something arguably even more insidious in their own attempt to fool voters into supporting their anti-democracy measure.

• And then there's Florida, where democracy goes to die. The state legislature has just passed a one of their final gifts to beleaguered Presidential hopeful Ron DeSantis: a 96-page law that will, among other things, severely restrict voter registration by nonpartisan third-party organizations. As recent research finds, Black and Latino voters are more than five times more likely to be registered by third-party groups than White voters. DeSantis is expected to sign the legislation soon as one of his last official acts before declaring his 2024 candidacy. It will be the third year in a row that Sunshine State Republicans have adopted new voting restrictions.

• A D.C. jury on Thursday convicted four members of the far-right, racist militia group, Proud Boys, of seditious conspiracy, obstructing an official proceeding, conspiring to impede Congress from performing its duties, obstructing law enforcement and other federal crimes related to their participation in Donald Trump's Jan. 6, 2021 insurrection at the U.S. Capitol. The charges for conspiracy and obstruction of an official proceeding both carry sentences of up to 20 years in prison. Their former leader, like Donald Trump, was not even at the Capitol during the riot, but was among those found guilty. All of that good news is likely very bad news for the former President and the specific federal charges likely to soon be brought against him.

• In still more bad news for Trump today, his lawsuit against the New York Times and several of their reporters, charging an "insidious plot" to obtain his tax records resulting in Pulitzer Prize-winning reporting by the paper, was tossed out by a New York judge on Wednesday. Moreover, the judge --- finding Trump's claims "fail as a matter of constitutional law" and that the paper's newsgathering efforts were "the very core of protected First Amendment activity" --- ordered Trump to pay all of the attorneys fees, legal expenses and other associated costs for the Times and their reporters.

• ProPublica strikes again. First they revealed that GOP megadonor Harlan Crow showered U.S. Supreme Court Justice Clarence Thomas for decades with hundreds of thousands of dollars in luxury vacations which he unlawfully failed to disclose. Then they reported that Crow had actually purchased Thomas' mother's house from him, made nearly $40,000 worth of improvements to it, and has allowed the corrupt Justices mom in it, rent-free, ever since. None of that was ever disclosed by Thomas either, in violation of the law. And now, on Wednesday, they did it again. Their latest bombshell scoop documents how Crow's company paid for years of tuition to private schools for Thomas' grandnephew who the nation's longest serving Justice says he raised "as a son" since taking legal custody at the age of 6. The tuition for the boy, now in his 30s, amounted to approximately $100,000. Congressional Republicans continue to applaud the unspeakably corrupt Thomas.

• Finally, as you haven't had enough already today, Desi Doyen joins us for our latest Green News Report to detail the unprecedented heat wave in Spain, as Italy's rivers dry up; the EU's passage of "the biggest climate protection law of all time"; and New York's adoption of a landmark law banning natural gas hookups in new building construction...

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It's another red alert day on The BradCast today, regarding the precedent crushing plans of our stolen, corrupted and packed Rightwing U.S. Supreme Court majority. They've got two different plans, in fact, for two different ways to overturn decades, if not centuries of critical precedent on federal elections and the power of federal agencies. [Audio link to full show follows below this summary.]

FIRST UP, we begin in the state of North Carolina where, last year, a 4 to 3 Democratic majority on the state's Supreme Court found the GOP-majority state legislature had drawn up new legislative and Congressional district maps that constituted unlawful partisan gerrymanders under the state Constitution. The state court ordered fair maps to be drawn up, resulting in the election of a Congressional delegation in 2022 that had 7 Democrats and 7 Republicans in the very closely divided state.

State Republicans, however, challenged the high court's ruling by filing a case named Moore v. Harper with the U.S. Supreme Court, arguing that an obscure clause in the U.S. Constitution allows state legislatures and only state legislatures to create rules and laws for federal elections. Neither state courts nor constitutions can tell them otherwise, they are arguing.

It's a fringe concept known as the Independent State Legislature theory, which has never been blessed by a majority at SCOTUS. But Republicans are hoping the current, corrupted Republican Court will approve the theory, blocking Governors or Secretaries of State or state Supreme Courts or state constitutions or even voters from setting election laws. We have long warned of the dangers of this case for American elections as we know them. Under this theory, if SCOTUS grants its blessing as many fear [raises hand!], state legislatures could even choose Presidential electors no matter how the state's voters may vote. The U.S. Supreme Court heard Moore v. Harper last December, after we'd spent months setting off sirens to try and let you know about what could happen in that case in advance of next year's 2024 Presidential election.

Last November, however, NC voters elected two new Republicans for their state's high court, giving Republicans a 5 to 2 majority. And, last Friday, after rehearing the exact same gerrymandering case in which they had previously ordered new maps, the new Republican court majority reversed the same court's previous ruling, allowing partisan gerrymanders to return in advance of 2024. The likely result will be a House delegation with 10 Republicans and 4 Democrats. That, even though there had been no changes to the law, and no new facts were presented to the newly GOP-led state Supreme Court. (They also reversed a previous ruling that had restored voting rights to some 55,000 former felons, and a ruling that had blocked a photo ID voting restriction that violated the state's Constitution.)

What does this unprecedented reversal at the NC Supreme Court of a month's old ruling mean for the U.S. Supreme Court's pending ruling in Moore v. Harper? We're joined today to discuss exactly that by DAN VICUÑA, national redistricting manager at Common Cause, plaintiffs in a landmark U.S. Supreme Court case challenging an earlier gerrymandered map in North Carolina following the 2010 U.S. Census.

"I think just the blatant hypocrisy, the clear partisanship, is laid so bare it's hard to see how a decision like this stands" in North Carolina, at least over time, argues Vicuña. But, as to what may happen in Moore v. Harper at SCOTUS, and whether the case will be found moot or the Court will go ahead and issue an opinion anyway, Vicuña would rather get a ruling now than in the next term, when a ruling would come in the middle of the 2024 Presidential election.

"We didn't want this case to be heard in the first place, because the Independent State Legislature theory is, quite frankly, ridiculous," he tells me. "It defies logic, defies legal precedent, defies the intent of the framers of the Constitution. But it was heard. We made our case. We think we won very clearly on the law and the facts, and the history. So getting clarity on the facts well in advance of the 2024 election makes a lot of sense. So we're okay with that, and hope it goes our way."

NEXT UP, more disturbing news today out of SCOTUS. The Court announced on Monday they will take up a case next term that challenges the so-called "Chevron Deference", a landmark ruling from a 1984 case (Chevron v. National Resources Defense Council) which established that experts at federal agencies should be given deference when creating rules and regulations meant to enforce federal laws in which Congress may have been ambiguous regarding certain details.

For example, as Desi Doyen joins us to explain today, the Clean Air Act may grant the EPA a mandate to regulate pollution, but it may not specifically mention which pollutants must be regulated, or how many parts per million constitute unlawful pollution. That's left to experts at the EPA to determine through the rule-making procedures. But Republicans wish to dismantle the ability of federal agencies to make any such rules, granting that authority instead to courts (without expertise) and the industry lobbyists who influence them.

Our corrupted, packed and stolen rightwing SCOTUS now appears ready to "dismantle the administrative state" (as Steve Bannon has long been promising) in a ruling next term that could affect the ability of agencies to create federal regulations regarding everything from the climate crisis to health care to immigration and beyond.

Finally, we finish up with some listener email and phone calls to round out another disturbing hour of The BradCast. Enjoy!...

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Today on The BradCast: Their positions on actual issues are wildly unpopular. Their phony culture war issues are bombing. Is it any wonder the GOP's best chance may now simply be to prevent their opponents from being able to cast a vote at all?

On today's program...

MICKEY MOUSE GOVERNOR: The Walt Disney Co. sued Florida Gov. Ron DeSantis today in response to "a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials." That, after the company dared oppose the official state position in favor of banning free speech in schools.

COW GOES MOO: A Donald Trump-appointed federal judge has tossed out libel lawsuits filed by doofus Rep. Devin Nunes (R-CA) against an Esquire journalist and its publisher for reporting that the wingnut former Congressman turned Trump social media CEO's family farm "knowingly" employed hundreds of undocumented workers. The judge found the reporting to to be "substantially, objectively true." Almost all 10 of the similarly ill-considered suits Nunes filed against perceived opponents in 2019 have now been dismissed. Only two of them, against anonymous Twitter accounts named "Devin Nunes' Mom" and "Devin Nunes' Cow" remain.

BOARD SILLY: While progressives scored big in marquee contests during the April 4 elections --- liberals won a majority on the Wisconsin Supreme Court for the first time in 15 years, and former teacher and union member Brandon Johnson became Chicago's mayor --- far-right MAGA school board candidates running on phony culture war issues "flamed out", according to Politico, in both Illinois and Wisconsin. They didn't do much better last November, even in "red" states like Missouri and Oklahoma. But GOP operatives apparently plan to keep choking the same chicken in elections later this year and in 2024, even as voters appear to prefer funding schools and keeping kids safe at them, over banning books, stifling free speech, and cancelling LGBTQ kids.

WOULDA WON BUT FOR THOSE MEDDLING (VOTING) KIDS!: Last week, longtime GOP attorney and vote suppressor Cleta Mitchell was caught in an audio recording obtained by Undercurrents' Lauren Windsor at a GOP donor event in Nashville, discussing plans to "combat" young voters by preventing them from voting on campuses in Virginia, North Carolina and elsewhere. She even vowed that Republican lawmakers may be able to eliminate 45 days of early voting and same day voter registration if they played their cards right, and kept giving money to her insidiously named "Election Integrity Network". If Mitchell's name is familiar, it's because she was on that infamous January 2021 phone call with Donald Trump hoping to strong-arm the Georgia Sec. of State into "finding" 11,000 votes to steal the state's Presidential election from Joe Biden.

SEND IN THE CLOWNS: It's bad enough to push secret vote suppression schemes to GOP donors. It's reprehensible for top state Republican election officials to participate in such schemes. But that's exactly what happened at a so-called "Secretaries of State Conference" sponsored by the far-right Heritage Foundation and other anti-democracy groups in February. Documented, a nonprofit watchdog organization, obtained the agenda for the secret conference in which only Republican Secretaries of State were invited to participate.

It was led by longtime, notorious GOP "Voter Fraud" fraudsters and liars like Hans Von Spakovsky, J. Christian Adams, J. Kenneth Blackwell and perhaps most shamefully, current U.S. Election Assistance Commissioner Donald Palmer (appointed to the bipartisan federal agency by Trump). They all schemed with top election officials from 13 GOP-controlled states --- including the chief election officials from Indiana, Florida, Mississippi, Missouri, Montana, Tennessee, Virginia and West Virginia --- in a secret, off-the-record two-day confab.

We're joined today to discuss this appalling revelation by JAMIE COREY, a Senior Researcher at Documented who, with The Guardian's Ed Pilkington, exposed the entire pathetic affair, which, as Von Spakovsky insisted in an email she obtained, was "not a public event. It is a private, confidential meeting of the secretaries." --- Well, the Republican ones anyway, the ones who are supposed to run both state and federal elections in a non-partisan way.

"According to the event invitation we obtained, this is actually the sixth year in a row that they've held this event," says Corey. "And they have privately bragged --- Hans has --- to donors that they are excited that it's just for conservative Secretaries of State. No Democrats allowed."

"Voters should be concerned when you have election officials participating in a private, confidential meeting with former Trump associates, top voter suppression proponents, and groups who have been actively pushing false claims around elections," she explains. "As the agenda pointed out, there was a cocktail reception and dinner after the first day of substantive sessions wrapped up. So what you have there is top election officials, who are going to be overseeing the 2024 Presidential Election in their respective states, wining and dining with all these problematic people."

WHAT'S GOING ON?: Finally, after a few breaking news headlines, we're joined by Desi Doyen for our latest Green News Report as the Biden EPA launches a landmark effort to curb power plant carbon pollution; as Earth hits grim new records; as President Biden opens an office of environmental justice in the White House; and as the U.S. Supreme Court does something right for a rare change. Are they okay?

SHOW NOTE!: We're off tomorrow for unavoidable reasons. As Tucker Carlson once said, see ya next week!...

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Today on The BradCast we talk with one of the few folks who got it right in 2022, when arguing that the data in the run-up to the midterms did not suggest a "red wave" would be coming for Republicans. Naturally, he was dismissed by the corporate media at the time. [Audio link to full show is posted below this summary.]

But first up, it's been a really really rough legal week for Fox "News", as jury selection in the $1.6 billion defamation suit they are facing from Dominion Voting Systems is supposed to begin tomorrow. We'll see if that happens. But we begin today with an explanation of why this case is so important and why Fox is now, arguably, the most dangerous institution in America (and, potentially, the world.) It's not due to their Republican politics, but due to the danger their propaganda poses to democracy itself.

Relatedly, over the weekend Fox reportedly settled with a Venezuelan businessman who sued the Republican propaganda outlet for having falsely named him on air as having participated in a scheme to steal the 2020 election from the former President. The terms of the settlement are undisclosed. But, given the evidence revealed so far in the Dominion lawsuit, it's safe to assume Fox likely paid a whole lotta money to make that other guy's suit go away.

On Tuesday in the Dominion case, Judge Eric Davis issued several pre-trial rulings, limiting what Fox could argue in court. Among them was that Fox would not be allowed to argue that the false claims they aired about the 2020 election being rigged against Trump were only made because Fox believed them to be "newsworthy" at the time. (They didn't, as evidence has already shown. They were lying about that on air.) Judge Davis was also furious to learn only this week that Fox lied to both Dominion and the court about Fox Corp. CEO Rupert Murdoch's position as an officer at Fox "News", where he apparently serves as "executive chair" but failed multiple times to report as much.

On Wednesday, Judge Davis sanctioned Fox after it became clear they had withheld evidence that should have been turned over during discovery long ago. He stated he was launching a third-party investigation of the circumstances and was concerned about "very serious" "misrepresentations to the court," later adding: "I need people to tell me the truth. And by the way, omission is a lie." All not a very good way for Fox to begin a defamation case regarding their alleged lies.

But also, there was this: A Fox Corp. shareholder has now filed a lawsuit against Rupert Murdoch, his son Lachlan, and several Fox Corp. board members, due to their "decision to chase viewers by promoting the false stolen election claims [which] has exposed the Company to public ridicule and negatively impacted the credibility of Fox News." The shareholder, Robert Schwarz, charges that "FOX knew --- from the Board on down --- that Fox News was reporting false and dangerous misinformation ... [and] ... was more concerned about short-term ratings and market share than the long-term damages of its failure to tell the truth."

For those who may remember my interview in February with Media Matters CEO Angelo Carusone, this is exactly the type of shareholder lawsuit for violation of fiduciary duty that he predicted would come in the wake of Dominion's suit. And here they come. Bloomberg Law reports more are likely on the way. "They won't be able to sustain that from a financial perspective" Carusone predicted on the show in late February, noting that the "cascading effects" from the voting machine company's lawsuit "puts control of the company in jeopardy." Good.

Then, we're joined by SIMON ROSENBERG, longtime political strategist, creator and President of NDN/New Policy Institute, and now creator and publisher of the "Hopium Chronicles" newsletter. We've got a lot too deep dive with Rosenberg about. Along with another favorite guest of ours, Tom Bonier of TargetSmart, Rosenberg led the way last year in arguing that, contrary to claims from Republicans and misleading reporting by corporate media, data clearly suggested there was unlikely to be a "red wave" in the 2022 midterms. He was right. There wasn't. But that didn't prevent folks like FiveThirtyEight's Nate Silver from accusing him at the time of relying on "hopium" in his analysis.

Now Rosenberg is gathering allies for a new project he describes as "Get to 55". As he details today, it's an effort to grow the Democratic and pro-democracy coalition to increase the Democratic President's victory margin from 51.4% in 2020 to 55% in 2024 and keep it there for a while. "It may be the only way we’re going to get the Republicans to abandon MAGA and become a more traditional center-right party," he recently wrote. Getting to 55%, he argued, "will be good for Democrats of course, but it will also be good for the country and the long-term future of the Republican Party itself."

Part of that strategy includes pulling in both disaffected Republican Never Trumpers and, especially, young voters into the Democratic coalition. What young voters pulled off last week, through a concerted effort to successfully help flip the Wisconsin Supreme Court to a liberal majority for the first time in 15 years, serves as a great object lesson in how it can be done. That remarkable effort resulted in a jaw-dropping 11-point win for the Supreme Court candidate endorsed by the Democrats and for what Republicans were describing the next day as "a five-alarm warning to Republicans about 2024."

But, while increasing turnout of young voters is one thing, will working with Never Trumpers like Bill Kristol and Liz Cheney force the Dems off of more popular, progressive policies in order to win over that 55% coalition? Tune in for Rosenberg's thoughts on that and much more on today's BradCast!...

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On today's BradCast: The good news just seems to keep on coming. We'll take it while it lasts! Tuesday brought huge election victories for democracy and progressives in Chicago and Wisconsin! [Audio liNk to full show follows this summary.]

In Chicago, Democratic progressive teacher and union member Brandon Johnson defeated conservative, self-proclaimed "tough on crime" Democrat Paul Vallas to become the new Windy City Mayor in a stunning victory.

But the biggest election of the night, and perhaps of 2023, was the Wisconsin state Supreme Court victory of liberal Milwaukee Judge Janet Protasiewicz over far-right former state Supreme Court Justice Dan Kelly, a Republican activist supported by anti-choice groups who advised his party in their failed attempt to overturn the state's 2020 election. Her victory creates a progressive majority on the high court for the first time in 15 years.

In a closely divided state where elections are traditionally very close, often within 1 or 2 points, Protasiewicz reportedly blew Kelly away by a whopping 11 points as of this afternoon's tally. It was Kelly's second defeat in running for the Supreme Court in as many years.

And it comes not a moment too soon. The Badger State's new, 4 to 3 progressive high court majority will likely face a host of critical issues for both the state and nation in the years ahead, including an 1849 abortion ban which Republicans are hoping to enforce; wildly gerrymandered state and Congressional district maps in one of the most gerrymandered states in the nation; voting rights issues; and hopes by Republicans of trying to steal the 2024 Presidential election.

We're delighted to be joined once again today to discuss all of this good news by Wisconsin's favorite son and progressive journalist, JOHN NICHOLS of The Nation, and co-author, with Bernie Sanders, of the new book, It's Okay to be Angry About Capitalism.

Nichols says Tuesday's mayoral race in Chicago was "one of the most significant election results in the country for urban politics in quite awhile." He describes the previously little-known Johnson as having built a "multi-racial, multi-ethnic, multi-generational rainbow coalition" that propelled him to victory. "He beat the guy that everybody bet was going to be the next mayor of Chicago. Brandon Johnson will take office as a progressive who ran on taxing the rich, reforming the police, and investing money in public education, public health, and public services. A pretty remarkable win."

But the bulk of our time is spent discussing the extraordinary, long-awaited Supreme Court victory in Wisconsin, which, with some $45 million spent on both candidates, clocks in as the most expensive judicial race in U.S. history.

"It was a bitter race. It was an intense race," Nichols tells me in trying to explain Kelly's incredible election night remarks in which he attempted to eviscerate his opponent in one of the most incredible sore-loser "concession" speeches in modern memory. Kelly described the contest as "the most deeply deceitful, dishonorable, despicable campaigns I have ever seen run for the courts," going on to attack Protasiewicz as "a serial liar" who has "demeaned the judiciary."

"It's going to go down in history," Nichols says referring to Kelly's election night outburst. "I've seen bitter concessions. I've seen angry concessions. I have seen refusals to concede. I have never, up until now, seen a concession that literally made people cringe."

We've got a lot to discuss about the new majority on the state's high court; what it means for Wisconsin moving forward; whether Republicans, with a narrow state Senate Special Election victory last night will attempt to impeach Protasiewicz with their newly won, gerrymandered super-majority in the upper chamber; and why Nichols, as he reports at The Nation today, believes this was "the most important election of 2023...for any American who cares about democracy, fair elections, voting rights, and much more."

Despite the good news, however, Nichols reminds us that WI is still a closely divided state, capable of wild swings. "The bottom line is this: Don't take your eyes away from Wisconsin," he advises. "It is a battleground state. This is the state of Robert M. LaFollette, the greatest progressive ever to serve in the U.S. Senate, and of Joe McCarthy, the most reactionary person, I would argue, to serve in the U.S. Senate. Those realities still exist. And this Supreme Court race is a very encouraging result as part of a very encouraging pattern in Wisconsin. But when you take your eyes off the prize, when you aren't paying attention, patterns can shift back."

Finally today, with all of the encouraging news of late, a few reminders that all of this good news at the national level, where Republican policies are wildly unpopular, also means that Rightwingers are embracing violent responses and GOP-controlled states are upping their desperation in hopes of holding on to control by hook and by crook. In many such states, it's not creeping authoritarianism in play, it's actual authoritarianism.

In Tennessee, for example, state Republicans are hoping to expel three Democratic state House members who dared support peaceful protesters calling for gun safety measures following last week's school shooting in Nashville. In Texas, GOP state lawmakers have quietly introduced a bill to allow the Sec. of State to overturn election results in the state's most populous and Democratic-leaning County; and in Florida, authoritarian Gov. Ron DeSantis is deploying Big Government weaponization against those, like the Walt Disney Company, who disagree with his anti-freedom, anti-LGBTQ policies...

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We'll just have to keep saying it on The BradCast: Republicans are pro-murder and anti-democracy. It's just that simple. And we've got too much more evidence of that today. [Audio link to full show follows this summary.]

First up, the fallout continues following Monday's school shooting in Nashville, Tennessee, where three 9-year olds and three adults were killed by an AR-15 wielding shooter at a private Christian elementary school. The U.S. Congressman representing the district where The Covenant School is located is Republican Congressman Andy Ogles.

Last year, Ogles sent out Christmas cards featuring himself, his wife and his children in front of a Christmas tree, proudly posing with their AR-15 style assault rifles. Since the shooting in his district, he has apparently taken down his social media posting of the festive card. A reporter from Sky News confronted him this week to try and learn why he hadn't taken it down previously, after other similar massacres, and why he seems to favor guns and murder over the lives of children and their right to be safe at school.

Jon Stewart, earlier this month, also had a related conversation with a Republican state lawmaker in Oklahoma by the name of Nathan Dahm. The GOP state Senator has authored bills to loosen restrictions on firearms and apparently believes that drag shows that may be seen by children must be banned, because "the government does have a responsibility to protect" them. But, as Stewart points out, Dahm appears to have no similar concerns about protecting kids from being murdered with guns, which is now the leading cause of death for U.S. children and teens.

In a similar vein, Big Government Republicans in Kentucky's legislature today voted to override the veto of Democratic Governor Andy Beshear, to enact a law that will ban health care for trans kids and mandate that doctors begin "detransitioning" children currently on puberty blockers and hormones, despite the alarming rate of suicide by such kids. The bill also bars all discussion of sexual orientation and gender identify in schools for students of any age, as the Nanny State Republican party continues to pretend they favor free speech.

Meanwhile, this is an election year in Virginia, where the entire state legislature comes up for reelection in odd-numbered years and where the commonwealth's 1902 constitutional provision created to prevent black people from voting remains in place. The measure in question allows VA's Governor to decide, on any criteria they may like, whether or not to re-enfranchise former felons.

Under processes enacted first by former Republican Gov. Bob McDonnell and then broadly expanded and automated by subsequent Democratic Governors Terry McCauliffe and Ralph Northam, the voting rights for hundreds of thousands of Virginians were restored. But, since taking office last year, VA's new, so-called "moderate" Republican Gov. Glenn Youngkin has re-enfranchised almost nobody. Moreover, his office has finally informed state lawmakers that he will be using a secret process to personally decide, on a case-by-case basis, who will and won't be allowed to vote.

We're joined today by voting rights, criminalization and justice reporter ALEX BURNESS, staff writer at the progressive Bolts Magazine. He has been reporting on Youngkin's appalling, anti-democracy policy, and how it is harming those who are simply hoping to return to civil society after imprisonment in Virginia.

"We still don't know what the criteria is going to be, but it is clarifying in the sense that the policy is 'I'm going to do whatever I want and, at least for the moment, I'm not going to tell you what that means,'" Burness tells me, adding that the commonwealth's constitution mandates the Governor "literally has the power to make up criteria, based on whether you own a dog or a cat, or anything."

Burness explains why Democrats in the state have yet to pass a constitutional amendment to change this absurd, Jim Crow relic, despite the heartbreaking stories from so many who have served their time and simply want to have their rights as citizens fully restored. "This is one of a million reasons why Virginia's upcoming elections matter. Particularly with what Youngkin has done now, there is some renewed passion by folks to settle this once and for all and not leave it up to the whims of the Governor," says Burness.

The pathetic vote suppression by Youngkin comes on the heels of Minnesota's Democratic Governor signing a law this month to re-enfranchise some 55,000 citizens of voting age who are no longer incarcerated, whether they are on parole or probation or not; New Mexico's Democratic Governor signing a similar law that will restore voting rights to about 11,000 New Mexicans; and a recently advanced measure by Democratic lawmakers in Oregon to allow voting even for those still in prison, akin to the rights afforded to the incarcerated in Maine, Vermont and Washington D.C.

Finally today, more voter suppression is enacted by Arkansas' new Republican Gov. Sarah Huckabee Sanders. Yesterday, we detailed her newly signed law adopted by Republican state lawmakers that will make it much much harder for Democrats to place citizen initiatives on the statewide ballot. (Even though the statute appears to be a violation of the state constitution.) Today, the American Democracy Minute's Brian Beihl details three other new bills recently signed by Huckabee Sanders to make absentee voting much more difficult in the state...

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Ya know, if their ideas were popular, Republicans wouldn't have to work so hard to undermine democracy, would they? An example or three of that on today's BradCast.

Among today's many stories...

• Cowardly Mike Pence's attempt to avoid testifying about Donald Trump's January 6th insurrection to Special Counsel Jack Smith's grand jury is denied by a federal judge.

• Yet another white Republican in Florida is charged with election fraud. Yet again, he was not arrested at gunpoint on camera and hauled to jail like the people of color who Gov. Ron DeSantis ordered rounded up before last year's election, even though they had no idea they had voted unlawfully. The white Republican voter turned himself in to authorities at his own convenience.

• Our corrupt, stolen and packed rightwing U.S. Supreme Court majority has declined to review a ruling by the state Supreme Court in Kansas which found that intentionally discriminating against minority voters was just fine, after state Republicans gerrymandered Kansas City by cutting it into two different Congressional districts in order to dilute the power of black voters.

• In Arkansas, voters have repeatedly made clear through recent rejections of GOP ballot initiatives, that they really really oppose making it more difficult for citizens to put stuff on statewide ballot initiatives and see it adopted by voters. So now, Republicans in the state legislature, giving the finger to voters, have simply passed a new law to make it virtually impossible for Democrats to place measures on the statewide ballot. AR's new democracy-hating Republican Governor, Sarah Huckabee Sanders, happily signed the measure which, on its face, seems to blatantly violate the state's own Constitution. The League of Women Voters of Arkansas and other fans of democracy are now suing to block what the League's President accurately describes as "an attack on direct democracy."

• The 28-year old shooter in Monday's mass shooting --- the 130th of the year so far --- reportedly purchased SEVEN weapons from five local guns shops in Nashville, Tennessee before using at least two of them to kill three 9-year olds and three adults at a private Christian elementary school. All of that while the assailant was said to have been under a doctor's care for an emotional disorder, according to the Nashville police chief. Seven guns, at least two of them semi-automatic assault weapons, and none of it triggered any red flags to authorities. Nonetheless, Republicans in Congress today, according to media reports, still lack the courage to support any new gun safety laws that might make such massacres less likely or more difficult. They are, as Rep. Ted Lieu (D-CA) correctly noted today, "cowards". AND PLEASE NOTE: This is not a problem with "Congress" or "lawmakers in D.C." The problem is Republicans. Period. They do not want to make it more difficult to murder people, while Democrats do. It's as simple as that. If media outlets are unable to call out Republicans, specifically, for fear of sounding "partisan", they are doing a grave disservice to their readers, viewers, listeners and country.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the weekend's massive tornado(s) in Mississippi; more flooding in California's unending storms; ongoing deadly drought in Somalia; U.N. warning of water wars; and a new global record for clean, renewable energy production...

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Today on The BradCast: Is being a terrible human being now a requirement for all elected (and unelected) Republican lawmakers? It's sure starting to look like it these days. [Audio link to full show is posted below this summary.]

Among the stories covered today making that point and related others...

• Donald Trump's "Indictment Week" in New York gets pushed back (at least) another week, though The Joker may or may not have something to say about it this weekend at the Manhattan Courthouse.

• Former news anchor, Trumpist election denier and GOP grifter Kari Lake in Arizona is still busy hoaxing what's left of her supporters into believing she won last year's Gubernatorial election against Democrat Katie Hobbs. (No, Hobbs is not a "twice-convicted racist", no matter how many times Lake repeats that sleazy, false claim.) On Wednesday, Lake saw her 2022 election fraud claims rejected [PDF] by yet another court. This time, it was Arizona's Supreme Court. While rejecting most of her claims yet again, they did kick one of her seven claims back to a lower court for re-examination. That claim has to do with the signature verification process for ballots cast during early voting. Both the lower trial court and Maricopa County Court of Appeals misinterpreted the claim, according to the Supremes. We explain the claim in question, why it needs to be reheard, and why it will almost certainly not result in the 2022 election results being overturned.

  None of that stopped Lake from misrepresenting yesterday's ruling at the high court to her supporters on social media, to whom she tweeted: "HUGE: AZ Supreme Court Rules in Favor of Kari Lake." She didn't bother to share a link to either a news story or the Court's actual order with that tweet.

  But that may be a step up from when she lost every single claim, for a second time, at the Appeals court in Maricopa last month and declared: "BREAKING: I told you we would take this case all the way to the Arizona Supreme Court...Buckle up, America!"

• Speaking of obnoxious Republican liars, Florida Governor Ron DeSantis who reportedly did win his election last year, was furious at critics of his "Don't Say Gay" law enacted earlier in the year. Opponents of the measure, such as legal journalist Mark Joseph Stern pointed out at the time that the language of the bill allowed for a ban on "Classroom instruction by school personnel or third parties on sexual orientation or gender identity" in all public school grades, not just kindergarten through third grade, as DeSantis falsely claimed at the time.

  When critics pointed out that DeSantis was wrong, he sanctimoniously charged they were being dishonest about what the bill actually said, claiming it only applied to grades K through 3. "It's why people don't trust people like you," he chastised journalists at the time, "because you peddle false narratives!"

  Well, funny thing about that. As AP reported Wednesday, the DeSantis Administration is now "moving to forbid classroom instruction on sexual orientation and gender identity in all grades." They hope to expand the ban to grades 4 to 12 based on the original legislation in the state where the Governor and GOP Presidential hopefully unironically claims "Freedom Lives Here". DeSantis appointees heading up the state Board of Education and state Education Department will be voting to make the change next month. No legislative changes will be needed to be made to the existing law. Imagine that.

• Coincidentally, the Republican state lawmaker who authored FL's "Don't Say Gay" law, pleaded guilty this week to numerous federal felonies, including wire fraud, money laundering and making false statements, after fraudulently obtaining more than $150,000 in federal COVID relief funding for two businesses of his that were defunct during the COVID pandemic. The (now former) lawmaker, Joseph Harding, now faces years in prison. He will be sentenced in July.

• The Sunshine State is hardly the only one where elected Republicans are punishing state residents with hateful and cruel legislation. Nebraska's state legislature advanced a bill today that would ban gender-affirming care for minors. The anti-LGBTQ measure has been strenuously opposed by progressive state Senators, including one, Senator Megan Hunt, who has a transgender teenage son. We share some of her remarks today. Opponents vow to filibuster every single other bill on the state Legislature's calendar, effectively shutting it down for the rest of the session, in order to block the bill. It must survive two more debates before passage and signature by Republican Gov. Jim Pillen who vowed to sign it if it reaches his desk.

• Finally, after a bit of musical-ish listener email today, Desi Doyen joins us for our latest Green News Report, with bad news for the world's oceans; bad news for the West Coast salmon population; bad news for fresh water drinkers; but some good news for newly protected public lands and waters in several national monuments designated this week by President Biden...

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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: If lying to Americans about crime failed to result in a "red wave" for Republicans in 2022, perhaps lying to them about "woke" banks will do the trick in 2024! I'm sure it'll work. [Audio link to full show is posted below this summary.]

Among the many stories and important context offered on today's program...

• Moody's considers downgrading the U.S. banking sector in the wake of several bank failures in recent days, even while declaring that the industry's outlook remains strong.

• Inflation has eased slightly over the past month, according to the U.S. Bureau of Labor Statistics. Wall Street rejoices.

• Elizabeth Warren, as usual, was right when she warned in 2018 that rolling back the Dodd-Frank Act (enacted to prevent bank failures after the 2008 banking crisis) to loosen regulations and oversight of banks like Silicon Valley Bank and Signature Bank would end in disaster. As she noted at the time, before Donald Trump signed the bill to loosen restrictions on financial institutions: "Washington is about to make it easier for the banks to run up risk, make it easier to put our constituents at risk, make it easier to put American families in danger, just so the C.E.O.s of these banks can get a new corporate jet and add another floor to their new corporate headquarters." As usual, we should have heeded her warning.

• Today we explain exactly happened that resulted in the failure and subsequent federal takeover of SVB and Signature by the FDIC, in case it hasn't yet been made clear. And, while the unnecessary failures stem directly from loosening government oversight and restrictions on banks to gamble with depositer funds, as allowed by Congress and Trump in 2018, what didn't cause it, is "wokeness." That's the explanation from Fox "News" over the past few days for what happened.

• The cause of the bank failures was also not ESG (Environmental Social Governance) or DEI (Diversity, Equity and Inclusion, as Fox itself boasts about on its own company's website) or CRT or LGBTQ or anything else that Fox and Ron DeSantis are lying about to Americans about.

• But what does appear to be true, when it comes to the latest Fox/DeSantis boogeyman of "woke", is that Americans have no problem with being "informed, educated on, and aware of social injustice," the definition of "woke" according to most Americans in a new USA Today/Ipsos poll. The same survey also finds Americans overwhelmingly (75% to 21%) in opposition of book banning by state's such as DeSantis' Florida.

• 81-year old Republican minority Senate Leader Mitch McConnell has now been released from the hospital after suffering a concussion from a fall last week. But he has checked into inpatient rehab for some reason. We truly hope he will be okay, if only because he may now be the only thing still holding together Congressional GOP support for Ukraine in its war against imperialistic invading Russia.

• As we learned on Monday night via Tucker Carlson on Fox, DeSantis is now against supporting Ukraine in what he now describes as a "territorial dispute" with Russia, the authoritarian-led nation that has invaded it. As it turns out, DeSantis, while a member of Congress, was strongly in favor of the U.S. supporting Ukraine with lethal aide against Putin. That was before he became a contender for the 2024 GOP Presidential nomination and decided to be against it. The survival of democracy in Europe is, apparently, no longer important for either of the GOP's two 2024 front-runners. Donald Trump has said his "peace plan" is to allow Russia to "take over" parts of Ukraine.

• But some good news for democracy out of New Mexico, where the state legislature finally passed a voting rights bill on Monday that will expand the franchise to all residents who are now out of prison; strengthen access to the ballot for Native Americans; make Election Day a state holiday; and significantly strengthen the state's automatic voter registration program.

• Finally, Desi Doyen joins us for our latest Green News Report. Among our stories: The Biden Administration's approval of controversial new oil drilling projects in Alaska, even while banning future such operations in Alaska and the Arctic Sea at the same time; Mack Truck introduces another electrified model; and Tropical Storm Freddy smashes all-time records in the Indian Ocean...

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It's another one of those elections-have-consequences episodes of The BradCast. Happily, most of those consequences are good ones today! [Audio link to full story follows this summary.]

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

• On Friday, Democratic Gov. Tim Walz signed a bill that will re-enfranchise more than 50,000 formerly incarcerated felons in Minnesota. That very good news for voting rights and democracy follows on the recent adoption of several other critical progressive measures in the state, including protecting abortion rights and mandating 100% carbon-free electricity. The new laws were all passed and since January, after Democrats won a trifecta in the state last November, winning the Governor's mansion and taking control of both chambers of the legislature for the first time in nearly a decade.

• After flipping a stunning 12 seats in the Pennsylvania statehouse in last year's midterms, Democrats in the chamber now have a majority for the first time in more than a decade and have finally seated Joanna McClinton as the state's first African-American female House Speaker. The months-long roller coaster ride toward between last year's elections and McClinton becoming Speaker includes the unexpected death of a lawmaker and three special elections since last November, the surprise election of a different Speaker earlier this year, and the thinnest possible one-seat margin for Democrats in the House. We 'splain the full crazy story.

• In Colorado, former Mesa County Clerk and aggressively gullible election fraud conspiracist, Tina Peters, has been found guilty of obstruction, after she refused a lawful warrant to turn over an iPad containing courtroom videos a judge instructed her not to take. While she could face several months in jail on that conviction, there is likely much more trouble ahead for the disgraced Republican and last year's failed GOP Sec. of State candidate. Peters faces a separate trial later this year on seven criminal felonies and three misdemeanors related to sneaking into her county's secured voting system room in the middle of the night while still serving as County Clerk, turning off the security cameras and making illicit copies of sensitive Election Management System software with two accomplices following the 2020 Presidential election. That proprietary software was subsequently leaked to the public while she was on stage at an election denier's conference in 2021. As all of this plays out, Peters --- who has become somewhat of a hero to some equally duped knuckleheads on the Right --- is hoping to become the next Chair of the Colorado Republican Party.

• As discussed on one of our programs last week, we are now waiting to hear whether the corrupted, stolen and packed U.S. Supreme Court will allow President Biden's lawful program to forgive up to $20,000 to federal student loan borrowers making less than $125,000 in annual income. In the meantime, receiving much less news coverage is the Administration's program to refund billions to students ripped off by for-profit schools which lied about their credentials, hoaxed students into enrolling and/or who have gone out of business in recent years. The program, begun during the Obama Administration, was largely put on ice by Donald Trump's Education Secretary Betsy DeVos. Following a court settlement last year against DeVos, the program has now begun refunding students, many of whom owe hundreds of thousands of dollars for their scam diplomas.

• Finally, Desi Doyen joins us for our 1,300th Green News Report! Including long overdue good news for the world's oceans; good news for solar energy in France; another train derailment in Ohio, and a legal threat to Minnesota's new law mandating 100% clean electricity by 2040...

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