It's been a weekend and more of The Crazy since we last spoke. On today's BradCast we get you all up to date on the last several days of The Crazy as Donald Trump's attempted coup to steal back the Presidency continues to fall apart with each passing hour, and as the Republican Party decides to distance themselves from Trump's loony conspiracy attorney Sidney Powell while she turns the MAGA crowd against her own party before the critical January U.S. Senate runoffs in Georgia to determine control of the upper chamber of Congress. [Audio link to full show follows summary.]

The biggest news today broke mid-show, as Trump finally relented in allowing the General Services Administration to officially begin the transition to a Joe Biden Administration, even as he vowed he would "prevail" in his fight to overturn the will of the American voters and says his "case STRONGLY continues."

Well, about that case. It may be continuing, but it has never been anywhere close to strong. Among the related stories covered on today's show that prove it, before we turn to the phone for listener calls on all of this...

• First, a follow-up to Friday's show in which we debunked the insane case that Powell, Giuliani and now all of MAGA are making regarding an international conspiracy --- somehow led by the Dominion Voting System company, along with the late Hugo Chavez in Venezuela --- to steal the election for Biden. The conspiracy originates with the bastardization of an exclusive investigative report I published at The BRAD BLOG in 2010. Powell et al aren't even close in their twisted version of the story that now includes all sorts of false charges about voting machine companies and more. The bottom line, as we noted on Friday, but which warrants underscoring again today, because I've been trying to make the case for so long and now we're seeing what I warned about finally come to pass...

1. Simply because a computerized voting and tabulation system is vulnerable to fraud and manipulation does not mean that any particular election run on it has been defrauded or manipulated, and;
2. Even if an election is 100% secure and accurate, if it can't be known by the public to have been 100% secure and accurate, it is every bit as much of a threat to confidence in our democratic system as it would be if the election had actually been stolen on such a system.

• Other than that...Catching us all up from Friday....Trump loses another lawsuit in Nevada as a state judge rejects an attempt to block certification of Biden's victory, by more than 33,000 votes, in the state.

• Trump loses in Arizona as a state judge rejects a move for yet another audit of votes in Maricopa County (Phoenix), and the County's Board of Supervisors (4 Rs, 1 D) unanimously voted on Friday to certify Biden's victory in the state's largest county. Also, the final "SharpieGate" lawsuit was dismissed with prejudice in the state where Biden appears to have won by more than 10,000 votes.

• In Wisconsin, Team Trump is said to be obstructing the ongoing recounts requested by Trump in the two counties with the largest minority vote, Milwaukee and Dane, after apparently losing the state to Biden by more than 20,000 votes.

• Trump lost bigly in Michigan on Monday, where the state Board of Canvassers voted unanimously (with one abstention) to certify Biden's victory by nearly 160,000 votes. That, after Trump's attempt to twist the arms of the GOP leadership of the state's gerrymandered House and Senate on Friday appears to have gone nowhere. (But we'll soon find out for sure.)

• In Pennsylvania, Trump lost his attempt to toss out nearly seven million ballots and was excoriated by a conservative federal judge on Saturday for attempting to do so in the nation's sixth largest state where Biden appears to have prevailed by more than 80,000 votes. The brutal court loss led Republican U.S. Senator Pat Toomey to become just the second GOP Senator to concede (where Trump won't) by declaring [PDF] that "Trump has exhausted all plausible legal options to challenge the result of the presidential race" in the state. Trump's team of pathetic lawyers have since filed an emergency appeal to the 3rd Circuit, but failed to deliver their motion before the Court's deadline for doing so. This is the (likely doomed) case Trump hopes may reach SCOTUS where he believes he can win after packing the stolen GOP majority on the Court in his favor. He'd have to win a verdict there that somehow allowed legislatures in at least three states to reverse the will of their voters to appoint Trump electors instead of Biden's by December 8th.

• Down in Georgia, where Trump lost by about 13,000 votes following a statewide hand "audit" of all ballots last week, the Trumpy Republican Sec. of State Brad Raffensperger and even Trumpier Republican Governor Brian Kemp both certified Biden's victory on Friday. Over the weekend, MAGA "Stop the Steal" rallies in the state included verbal attacks on both Kemp and Raffensperger, along with vows to destroy the GOP and promises to boycott the critical January U.S. Senate runoffs in the state. We wish them nothing but luck in their endeavor! That came as Powell was taking to far-far right wingnut Newsmax TV over the weekend to allege that Raffensperger and Kemp were paid off by Dominion to steal the election for the Democrats' Presidential candidate. She offered no evidence for her claims. After years of critically reporting on both Kemp and Raffensperger --- including his ill-advised decision to spend $100+ million on Dominion's 100% unverifiable touchscreen voting systems this year --- we are unaware of any such evidence to support her claims. But we wish her nothing but luck in her endeavor to prove it! For now, the thanks she received was being tossed under the bus by Trump late on Sunday night.

• There was a whole lot more along the way today, but you'll have tune it for it all, along with some great calls we responded to near the end of the show today, as The Crazy continues to continue...

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Late Saturday, by way of an Order and Opinion, U.S. District Court Judge Matthew W. Brann dismissed President Donald J. Trump's unprecedented "legal" effort to prevent the Commonwealth of Pennsylvania from certifying the results of an election in which his opponent, Joseph R. Biden, defeated him by more than 80,000 votes, according to the soon to be certified, unofficial results. Judge Brann also dismissed Trump's Motion for a Temporary Restraining Order (TRO) as moot.

The reasons for bringing what the judge clearly found to be a frivolous and absurd legal challenge to a swift conclusion were summed up by the Court in the "Introduction" to his 36-page eviscerating opinion...

On today's BradCast: Even though creepy liars like Donald Trump and Ted Cruz "guaranteed" we'd no longer be talking about "COVID! COVID! COVID!" after Election Day, it turns out they were wrong. Who could have predicted it? And what else are we still talking about after the election? The election! Because Trump is continuing his desperate efforts to try and steal it from the voters and Joe Biden, the candidate they elected. But it would be a mistake to ignore what Trump is trying to do. We think. [Audio link to show is posted below summary.]

Among the many stories covered on today's show, we begin with the pandemic...

• U.S. hits a grim official milestone, with quarter of a million now dead from COVID-19, most of them unnecessarily so, thanks to our deranged President, experts now predict we may see 400,000 fatalities by February. The President of the United States remains in his bunker and has offered no comment;

• The CDC implores Americans to limit travel and gatherings over next week's Thanksgiving holiday;

• As the pandemic surges out of control in all 50 states, those with denialist leaders who failed to implement serious restrictions are now the ones with the highest per-capita infection, hospitalization and death rates. So, yeah, the highest rates are, by far, in "red" states by and large, while "blue" states, like California and New York have among the lowest rates. (Note to Republicans: Election Day is over. You don't have to lie about COVID anymore to try and help Trump get re-elected. You can now start protecting the lives of your fucking constituents like you should have done months ago.)

Then it's on to the, yes, still-uncertified election...

• While the bulk of the GOP remains in as much denial about the Presidential election as they are about the coronavirus, and the pathetic Trump Administration continues to delay important transition work to a Biden Administration, a few cracks in the wall are beginning to form, even visible from the wingnut couch on Fox & Friends crew and even by Mitch McConnell;

• But the two Wayne County, Michigan wingnuts --- who held out for three hours with phony claims about "voter fraud" in Detroit before agreeing to certify the County's results --- are also having trouble letting go. They want yet another do-over vote to rescind the certification following a call from Trump. The state says that won't happen. But state certification is still to come next Monday and the state Board of Canvassers is constructed the same way the Wayne County Board is: a four-person Board with two Ds and two Rs. So anything could happen by the time they are set to vote to certify results in the state next week, where, by all available evidence, Biden trounced Trump by nearly 160,000 votes;

• Michigan is not the only state where some GOP dead-enders are hoping to somehow block certification of the November 3rd election. Similar (if likely similarly futile) efforts are afoot in Arizona, Pennsylvania and Nevada;

• Failure, however is not a roadblock for Trump, a man for whom the idea of simply doing the right thing has never occurred. On Thursday, he invited the Republican legislative leaders of the gerrymandered Michigan state House and Senate to the White House for a meeting on Friday, where it's expected he will try to convince them to convene a vote of the state legislature to override the popular democratic will of the voters and award the state's elector to The Loser instead;

• And for those who say The Loser's scheme could never EVER actually happen, I tend to agree with you (Desi may not). But I would also urge you, by all means, to NOT read this article today by Democratic strategist Chris Marshall headlined: "Are you sure Trump's plan to steal the election has failed? You shouldn't be".

Finally, for some less terrifying news, ironically enough...

• Desi Doyen joins us for our latest Green News Report, as the UK accelerates its phase out of gas cars to 2030; Major U.S. automakers are revealed to have known about the dangers of global warming 50 years ago and lied about it; Trump's Interior Dept. reverses a conservation project that Trump bragged about on the campaign trail; and a major city moves to phase out all fossil fuels in all new buildings...

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On today's BradCast: We wouldn't blame you if you felt like averting your eyes from the desperate, usually-sad, often-hilarious, chaotic and so far failed attempts by the incompetent Team Trump to somehow try and steal the 2020 election any way they can. Yes, that's still going on. It's our job, however, to keep our eyes on it, and so we do again today, as things continue to fall apart in all new ways with each passing hour for Donald and what's left of his legal team. [Audio link to show follows summary below.]

Today, we cover the ongoing chaos the Trump Campaign is attempting to wreak in at least four different states. So far, only in Georgia has an election official who has buckled to pressure from Trump and fellow Republicans. Of course, he's a Republican himself and is doing a lousy job of it. But, in almost every case, the strategy --- such that there is one --- now seems to be to target the votes of African-Americans to be tossed out.

In Wisconsin today, the Trump Campaign plunked down $3 million to pay for a partial recount in the state. A full count would have cost the cash-strapped campaign $7.9 million. They have asked for counts only in heavily African-American Milwaukee County and Dane County, in a state where Joe Biden currently leads Trump by about 20,000 votes. In requesting the partial count they are doing what Republicans were outraged by in Florida in 2000 in the Bush v. Gore case, when Gore sought recounts only a few counties. The GOP, at the time, succeeded in forcing a statewide recount instead, which they were able to convince the U.S. Supreme court to block entirely. (Extra fun and irony today for those who noticed that Eric Trump complained in 2016 about the Presidential recount that year in the same state because the cost "Could Have Saved at Least 5,000 Children's Lives." He also falsely claimed that Hillary Clinton had anything to do with that recount. In fact, it was sought and paid for by the Green Party's Jill Stein for less money than the Trump Campaign sent to the Badger State today.)

In Pennsylvania, where Biden appears to have won by almost 82,000 votes, Rudy Giuliani made an absolutely hysterical jackass of himself during a federal court hearing on Tuesday. He hasn't argued a case in federal court for 30 years, and boy did it show! Just part of the fun included his opening argument in which he declared the case was about "widespread nationwide voter fraud!," before later admitting under questioning from the U.S. District Court Judge during the same hearing that "this is not a fraud case." That was hardly the only way in which he beclowned himself, especially as he focused on leveling baseless claims against the voting in heavily-minority Philadelphia. But it should also be noted that he declared his evidence-free case "a classic violation of equal protection....This is exactly Bush v. Gore!" That's fun, considering his campaign then violated a basic tenet of that 2000 case with their request for a cherry-picked partial recount in WI today.)

In Michigan on Tuesday night, the two Republicans on the Board of Canvassers in Wayne County refused to certify the November 3rd results due to claims of irregularities in the county's largest city, Detroit. (Seeing a pattern here yet?) The irregularities in question, apparently, regard small inconsistencies between the number of ballots cast and the number of voters signed into the pollbooks in a number of precincts in the county, in a state where Biden appears to have won by almost 160,000 votes. Despite a higher number of inconsistencies during primaries in the County earlier this year --- and a larger percentage of inconsistencies in majority white cities in the same County --- the Republicans on the Board certified the spring primaries without a problem. Their refusal to certify the general election deadlocked the Board at 2 to 2 and prevented certification for a few hours on Tuesday night. Brutal public comments at the Board's hearing and agreement to ask the Democratic Sec. of State for an audit of Wayne County's discrepancies, resulted in certification after all, by a unanimous 4 to 0 vote in a new vote by the Board held just three hours later.

But much of today's show is focused, however, on the absurd clown show that has been underway in Georgia for the past week, where the Republican Sec. of State, Brad Raffensperger, buckled to pressure last week from Trump and fellow Republicans who hold him responsible for the fact that Trump appears to have lost there by about 13,000 votes.

Last week, when Raffensperger announced an unprecedented statewide "audit, recount and a recanvass all at once," we explained on the program how that's not actually possible or even legal. This week, Raffensperger quietly admitted as much, sending out a letter to County Elections Officials [PDF] to notify them that "after evaluating the audit procedures...the original results...tabulated on and after election day, and certified by the county election superintendent, should be the results that your county certifies as the November 2, 2020 General Election Totals."

In short, the so-called "Risk-Limiting Audit" of 100% of the ballots cast in GA's Presidential race was not a "hand recount" as many media outlets have been misreporting it, but a largely meaningless exercise meant to try and appease our cry baby President, as my guest today, JEANNE DUFORT of the Coalition for Good Governance, describes it. Dufort has been on the ground in the state where she has also been a voter plaintiff in some of the Coalition's lawsuits. They are plaintiffs in a long-running federal case seeking to ban the state's use of new, unverifiable touchscreen voting systems made Dominion Voting Systems. (The same lawsuit succeeded in obtaining an order from the federal judge that banned the state's previous, 20-year old, unverifiable touchscreen systems made by Diebold. Despite recommendations from cybersecurity advocates and voting systems experts, Raffensperger chose to move to the new $100+ million touchscreens that are similarly unverifiable.)

Over the past 48 hours, two Republican-leaning counties discovered about 2,700 votes each that had gone either unscanned or unreported to the state previously. Those would have been discovered in the normal course of regular post-election canvassing, and netted about 1,000 votes for Trump overall. That will decrease Biden's final state certified margin from about 14,000 votes to about 13,000 votes. He will still be declared the official winner. After state certification on Friday, Team Trump will then have an opportunity to seek an official "recount" (as opposed to Raffensperger's pretend one) in which, by state law, the ballots will scanned again by the same computers that scanned them the first time. So that is also unlikely to change the final results.

Dufort explains today what she was able to observe over the past week during Raffensperger's "audit"/"recount"/"recanvass" which amounts to little more than Election Integrity Kabuki Theater. But, she tells us, there were still a few lessons to be learned from it all, as elections officials, poll workers and count observers who have been working for weeks amid a deadly pandemic, will now have to prepare very quickly for the two January 5 U.S. Senate runoffs in GA that will determine which party controls the Senate next year. Early voting begins on December 14th, not long after some municipal elections are also held in some counties on December 1st. All while carrying out another "recount" which Trump will almost certainly request after Friday's state certification. After all, there were a lot of --- you-know-whos --- that cast ballots against Trump in the city of Atlanta. That can't stand, right?

"The big thing is this is theater," says Dufort, speaking for herself, not the Coalition. "We've been calling for this [unverifiable Dominion Voting] equipment to be banned in the same way our lawsuit got the last Georgia system banned. So we are not fans of this equipment. But it's really ironic to see the same legislators who forced this $100 million purchase on the state to now be saying, 'Hey let's return it to the vendor! Let's get rid of it! It's a terrible system!', because they didn't get enough for their money. They didn't get a President for their money, and it's not clear they're going to get two Senators for their money. So it's kind of a funny time in Georgia."

Finally, we close with some listener mail that may hit the nail on the head: Trump isn't trying to getto 270 electoral votes. He's trying to take enough votes away from Biden so that he gets less than the required 270, so the election must be thrown to the House where the Constitution allows for minority (Republican) rule to win the day. With Rudy Giuliani now leading Team Trump's efforts, how could the plan fail?!

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On today's BradCast, we open with the breaking news about the longest serving Senator in Congress. 87-year old Republican Sen. Chuck Grassley from Iowa has tested positive for the coronavirus. We wish him well, as the COVID crisis explodes across the nation because Grassley's party and President failed to even try to combat the deadly pandemic that has, so far, killed almost a quarter of a million Americans, and may kill as many more by the time Donald Trump mercifully leaves office in January. The rest of today's show is moderately less infuriating. [Audio link to show follows below.]

We start off today with good news/bad news stories regarding both the incoming President-elect and the definitely, whether he's man enough to say it out loud, soon-to-be-former outgoing President. Unfortunately with 64 more days until he's out, by law, the increasingly unstable Trump still has his finger on the nuclear button. The bad news is, as the New York Times reports, he is attempting to launch an attack on Iran his final days. The predicate is a recent report from the the International Atomic Energy Association (IAEA) finding that --- thanks to Trump reneging on the hard-fought, successful 6-party deal struck under President Obama that prevented Iran from being able to build a nuclear weapon --- the nation is once again rebuilding its nuclear stockpile. The good news is that there are apparently just enough not-insane top officials left in the White House and Pentagon that they were reportedly able to talk our deranged President out of sparking WWIII on his way out the door. For now.

The good news/bad news regarding President-elect Joe Biden is that, according to sources who spoke with NBC News, he is disinclined to seek accountability for the many crimes committed by Trump and his administration over the past four years. Yes, it's an echo of Obama's failed "look forward, not back" policy regarding George W. Bush Administration crimes after the Democrat took back the White House in 2008. As we've long argued, that lack of accountability paved the way for the rise of Donald Trump and other GOP miscreants. The good news (good-ish, anyway), is that Biden also says, according to advisers, that he hopes to restore the important separation between the White House and the Department of Justice upon taking office. That means that prosecutors will be free to follow the law and investigate and prosecute as they see fit. Much of this, therefore, rests upon whoever Biden names as Attorney General, though none of this will protect Trump from criminal accountability at the state level, especially in New York.

Then, it's back to Election 2020 Crazy Land, where...

• Trump must decide by Wednesday if he's gonna cough up $7.9 million dollars for an almost certainly futile "recount" in Wisconsin;

• Trump crony Sen. Lindsey Graham appears to have tried to convince Georgia's Republican Secretary of State to toss out lawfully cast ballots in the state, according to the woeful and embattled Sec. of State Brad Raffensperger. That could amount to any number of both state and federal crimes committed by the man who heads the Senate Judiciary Committee, as we explain;

• Amid Raffensperger's ongoing quasi-audit, quasi-recount, quasi-recanvass in Georgia --- an otherwise wholly-meaningless and extra-legal exercise invented by Raffensperger to try to kiss up to Trump and the other Republicans who are being mean to him because Trump lost Georgia --- nearly 2,600 untallied ballots were discovered in GOP-leaning Floyd County. With those ballots added to the current totals, Trump will pick up some 778 votes on his approximately 14,000 vote deficit against Biden in the Peach State;

• In Pennsylvania, the crazy is almost too much to keep up with today. On Sunday, Team Trump revised its baseless federal lawsuit by removing a demand to toss some 680,000 ballots. That leaves only a complaint regarding Democratic-leaning counties which lawfully allowed voters who cast mail-in ballots that were deficient in some way (missing a signature or the secrecy ballot) to come in and "cure" the deficiency before Election Day. Republican-leaning counties, for unknown reasons, didn't bother. Either way, there are reportedly nowhere near enough such ballots to overcome Trump's current deficit of more than 73,000 votes.

  But the amusing part is that almost the entire legal team representing the Trump Campaign in the Keystone State withdrew from the case entirely by Monday, leaving one poor GOP schmo with a rightwing radio show representing Trump as his attorney on the case. (Just days after Election Day, the same schmo also told his listeners on air that "no bombshells are about to drop that will derail a Biden presidency," that "litigation will not work" and "will not reverse this election.")

  After a federal judge denied the schmo an extension for Tuesday's emergency hearing, so he could bone up on the case, Trump sent Rudy Giuliani to rescue him, even though Rudy hasn't appeared as an attorney in a courtroom since 1992. We had no news from today's hearing by airtime, but we have since heard it did not go well.

  But just before airtime, we did get word out of the PA Supreme Court on a separate case, in which Team Trump lost yet again. This time, on their counter-factual claims that Republican observers were not allowed to properly oversee counting in Philadelphia. The state Justices found that they were allowed, as per state law, and that the claim was false. That brings Trump's losses to date in his election related challenges to something like 25 out of 26 cases nationally. But don't worry! He's totally gonna "win" this thing any day now!

• Finally, Desi Doyen joins us for our latest Green News Report as Hurricane Iota slams Nicaragua (the record-smashing 30th Atlantic storm of the season, and the most powerful to date in 2020); the Trump Administration rushes to sell off drilling rights in the previously-pristine Alaska National Wildlife Refuge; and President-elect Biden meets with business and labor leaders to begin moving forward again on both the economy and climate...

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On today's BradCast, a brief if welcome respite (mostly) from the embarrassment of Donald Trump's pathetic, ongoing denial about his election loss, for a look at some under-reported news from last week's election, and the worsening crisis that Trump really needs to eventually face Crimes Against Humanity charges for. [Audio link to show is posted below.]

The COVID-19 crisis continues its stunning surge in the U.S., with new daily case numbers now clocking in at 150,000 after reaching 100,000 for the first time only last week. Hospitalizations are also now shattering all time records, with some 65,000 admitted across the country. It's all getting much much worse, including (perhaps, especially) at the White House, following Trump's maskless super-spreader Election Night "Victory" Party last week. One senior official after another is now testing positive there, along with RNC officials who have reportedly been spending time spreading the virus while shuttling between the White House and various states in which the Trump Campaign is pathetically contesting election results. Sadly, the oldest member of Congress, 87-year old, 24-term GOP Congressman Don Young of Alaska also announced he tested positive on Thursday.

But perhaps of even more note to BradCast listeners, the wife of Georgia's hapless wingnut Sec. of State Brad Raffensperger says she is positive. That means the Secretary himself will now be forced to quarantine as his state is set to kick off the unprecedented --- and likely disastrous --- mess that Raffensperger described yesterday as "an audit, a recount, and recanvass all at once" in the statewide Presidential contest. Joe Biden appears likely to have defeated Donald Trump in the state by more than 14,000 votes.

We explained in great detail on yesterday's BradCast why Raffensperger's newly-announced statewide hand-count is likely to be a mess (and end up increasing Biden's margin if it's legitimately carried out). But now, with Raffensperger in quarantine, it will be even more of a mess --- or it could run much more smoothly now that he won't be there to screw everything up!

Either way, we're happy to associate with Karl Rove, of all people, today. He opined in the Rupert Murdoch-owned Wall Street Journal last night that "This election won't be overturned," arguing persuasively that Trump's "efforts are unlikely to move a single state from Mr. Biden's column, and certainly they're not enough to change the final outcome." If even Rove is unwilling to play along with Trump's hapless scheme to steal the White House for a second term, then you can probably rest easy that none off this is ultimately going to amount to anything more than anxiety, bluster and noise from our cry baby President.

But, in a welcome break today from our deranged, wannabe tyrant and outgoing President-in-denial, we catch up on just a few of the noteworthy contests and issues from last week's ballot concerning criminal justice reform and voting rights. Despite disappointing losses for Democrats in the U.S. House and Senate, there was quite a bit of very encouraging news for progressives in down-ballot races for District Attorney and County Sheriffs, as well as measures that take on mass incarceration and over-policing. We also saw voters approve the legalization of recreational marijuana in every state where it appeared on the ballot (including, yes, so-called "deep red" states), along with other very progressive decriminalization measures to begin winding down our long, failed War on Drugs.

We're joined today to discuss all of this and more by DANIEL NICHANIAN, popularly known as simply @Taniel on the Twitters. He is the Editor of The Appeal: Political Report and a Senior Fellow at the Justice Collaborative, where he reports on the local politics of criminal justice reform, mass incarceration and voting rights, among other important matters.

"When you look at the county level, at the state level, there are a lot of opportunities for progressives to push the conversation forward, to push policies in a more progressive direction, specifically on criminal justice," he tells me. "If you do care about mass incarceration or about law enforcement, about racial injustices that accompany all that, then the local level, the county level is really where you should be looking. Because prosecutors, sheriffs and officials that are elected locally are going to be some of the most important actors that are going to be deciding what practices and policies are going to be implemented. And that's where we saw some big flips this year."

Finally, we close today with Desi Doyen and our latest Green News Report, as Biden begins to rebuild U.S. climate policy both at home and with very welcoming world leaders abroad; the Fed warns about instability in the economy due to climate change; the renewable energy industry defies the COVID crisis; and the Trump Administration races to destroy as much of the environment and our federal science structure as possible before Trump is dragged kicking and screaming from the White House...

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As new coronavirus infections spike to an all-time daily record in the U.S. on Thursday (and again today), with cases now on the rise in nearly 75% of the nation and hospitalizations increasing again in 38 states, our infected President, Donald Trump, and his Democratic challenger, Joe Biden, faced off in Nashville, TN for the (mercifully) final debate of the 2020 season.

We've got full special coverage on today's BradCast with a very smart panel, including RICHARD "R.J." ESKOW of The Zero Hour; HEATHER DIGBY PARTON of Salon and Hullaballoo; and, of course, our very own Desi Doyen.

It's a rather lively hour today as we try to make sense of our collective Nightmare Before Halloween, which continued to play out on Thursday night at Belmont University, even while deftly moderated (with a helpful mute button) by NBC's Kristen Welker. As CNN's great fact-checker Daniel Dale explained on Twitter last night: "Biden was again imperfect from a fact check perspective. He made at least a few false, misleading, or lacking-in-context claims. Trump was, as usual, a serial liar," adding: "From a lying perspective, Trump is even worse tonight than in the first debate."

For our part, along with a bit of fact-checking, among the many issues we cover on today's program...

• Eskow offers insight --- as a former health insurance industry executive and Bernie Sanders 2016 campaign writer --- on the facts about both Biden and Trump's plans for healthcare coverage amid the worsening pandemic and a threat by the GOP's stolen U.S. Supreme Court to strike down the Affordable Care Act just days after the election. ("He keeps saying that 'my plan is that I'm going to have a plan.'");
• Parton, no stranger to deep dives into wingnut rabbit holes, helpfully decodes Trump's ginned-up Fox "News"-fueled "scandals" regarding Biden's family. ("This is about harassing Biden once he's elected. This isn't really about the election. Trump doesn't know that.")
• And Desi helps us make sense of Biden's newsworthy dose of reality offered near the end of the debate that, yes, we will have to transition away from oil and other fossil fuels, toward renewable, job-creating, emissions-free alternatives in the very near future...if we hope to survive on this planet.

You may also wish to buckle up for a bit of a scary ending today, as all three offer their thoughts to voters who may be under the impression that Biden has this wrapped up, and as Desi sagely warns: "The margin of victory [for Biden] must be greater than the margin of theft, suppression, and litigation." And that's not even the scary part!

Anyway, that's a tiny sample of today's offerings, during which you'll laugh, cry, and maybe even go to bed with nightmares. You're welcome! Please enjoy today's special coverage on The BradCast!...

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I'll try to keep my BradCast summary as short and sweet as possible, as tonight's Presidential Debate in Cleveland begins shortly --- with full special coverage of it on tomorrow's program! [Audio link to today's full show is posted below.]

Among the stories covered today, beginning with some good news and slowly sliding downhill from there...

• At around 7 points, Joe Biden's current lead in the national polling average against Donald Trump is the largest since Bill Clinton's re-election in 1996. But don't get too excited just yet. We don't run national elections. We run 50 state-by-state elections and it's the Electoral College votes of each of those states that matters, not the popular vote...except for this year, when the popular vote actually could end up making a huge difference in who becomes the next President. I explain why;

• Biden's pre-election polling lead in the crucial battleground state of Pennsylvania, according to a new WaPo/ABC News poll, is now at a substantive 9 points. With the poll's margin of error factored in, however, it could be a much tighter race that that number suggests in Biden's birth state, which is being seen of late, by both campaigns, as the potential tipping point state for the Electoral College this year. But the news is much more good than bad for Biden in the key battleground, in that he is outperforming Hillary Clinton's 2016 lead over Trump in the noteworthy Dem-leaning parts of the state, and has substantially cut into Trump's 2016 margins in the Republican regions of the state and among voters (for example, white without college degrees) that Trump would need to repeat his very narrow reported victory in the Keystone State four years ago;

• There are, however, many "X Factors" this year that should prevent anyone from thinking they know anything about how all of this could ultimately play out based on either national or battleground state polling numbers --- from the pandemic and the unprecedented number of absentee ballots this year, to the US Postal Service slowdowns, to new, unverifiable touchscreen voting systems in many locations, to the GOP's stolen U.S. Supreme Court and how those "Radicals in Robes" could still help game the system between now and Election Day (and in the days after), particularly if Republicans are able to steal an even larger the majority by ramming Trump's SCOTUS nominee Amy Coney Barrett onto the Court before Election Day, as Senate Republicans currently intend;

• One of those "X Factors," for example, is playing out right now in New York City today, where the Board of Elections has an apparent disaster on its hands after their vendor sent out tens of thousands of mail-in ballots with the wrong names and addresses printed on the accompanying return envelopes. The BOE claims they will make good on the problem by getting corrected envelopes to voters in time to vote, but once again, chaos reigns for voters in Brooklyn, who are asked by the BOE to contact Apply4Absentee@boe.nyc or call 1-866-VOTE-NYC if they received an absentee ballot with the incorrect name or address on the return envelope;

• Meanwhile, ballot battles continue in both state and federal courts regarding, among other things, how long after Election Day that mail ballots in swingstates like Pennsylvania, Wisconsin, Michigan and North Carolina may arrive at County headquarters to still be included in the final results. We're joined today by BRAD BLOG's long-serving legal analyst ERNEST A. CANNING to discuss some of those cases and how the U.S. Supreme Court's so-called "Purcell Principle" may serve to overturn (or uphold) rulings in both lower federal courts and in state Supreme Courts. Canning also offers some thoughts on Trump's nomination of Barrett to SCOTUS and how the latest Federalist Society-backed judge to be packed onto the high court illustrates the sweeping lurch to the radical right on our federal court system over the past 40 years;

• Finally, we close with Desi Doyen and our latest Green News Report. The news she's got today is pretty grim...but don't blame Desi. There ain't much good news out there to work with these days...

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On today's BradCast: He wants you to be frightened. He wants to terrorize you. Don't let him. Vote instead. [Audio link to today's show.]

The fact that time is running out for the Trump Crime Family and their decades of fraud in New York --- as Eric also clearly knows --- is probably not helping, but Donald Trump is getting desperate. Hence, his refusal to commit, when when asked about it during a press briefing Wednesday at the White House, to a peaceful transfer of power after this year's Presidential election.

His excuse? "The ballots are a disaster...Get rid of the ballots....The ballots are out of control." While many have been discussing the disturbing options that some Republican controlled states may consider using to override the ballots by having their legislature select Electors to the Electoral College this year in defiance of voters, that's probably not what Trump was talking about yesterday when pretending "the ballots are out of control!"

He has been complaining for months about states that are automatically sending absentee ballots to all active registered voters this year. He is pretending this is "out of control" and a "scam" by Democrats to somehow steal the election. In fact, as we break down on today's show, Trump's complaints are, themselves, a scam.

In short, 5 states (Oregon, Washington, Colorado, Utah and Hawaii) have long sent all voters absentee ballots, whether they request one or not. Of those, only Utah is a so-called "red" state, and none of them are seen as anywhere close to likely to flip their Presidential vote from the way they voted in 2016. So, Trump is almost certainly not complaining about those five states.

But this year, due to the COVID-19 pandemic that Trump failed so disastrously to control, 5 other states (California, Vermont, New Jersey, Montana and Nevada) will also be sending mail-in ballots to all voters. Of those, the first three are very reliably Democratic states in Presidential elections. Trump won Montana by some 20 points in 2016. So, of those five, only Nevada (whose Republican Secretary of State is in charge of the election) could be considered, in any sense, a swing-state --- though it hasn't elected a Republican nominee for President since 2004, and a new Fox "News" poll out this afternoon shows Trump trailing Joe Biden there by 11 points.

If somehow, magically --- due to some imagined massive Democratic fraud --- both Montana and Utah suddenly flipped to Biden this year, but Trump managed to hold all the same other states he won in 2016 (none of which have instituted universal Vote-by-Mail this year), Trump would still win the Electoral College.

So what is he pretending to be so bothered by? Actually, nothing. He is simply desperate to win and, as his chances of doing so are dwindling, he's desperately grasping to pretend there is a massive Democratic scheme to cheat him out of that win with universal Vote-by-Mail. There isn't.

But make no mistake, he will do nearly anything to come up with a way to get a "win" --- as long as it's other people who will risk their lives for it. That, of course, is also why he is hoping to further pack an already stolen, 5 to 3 rightwing U.S. Supreme Court, and why he is signaling that there may not be a peaceful transfer of power in the event that he loses.

Despite his threats, Trump is a coward. Bullies want you to be afraid of them, when, in fact, they are terrified of you. As well he now should be.

This nation is about to be tested in a way that we haven't seen since at least the Civil War. But, as we discuss today --- and in agreement with both Nancy Pelosi's and Bernie Sanders' responses today to Trump's Briefing Room thuggery --- the solution is the vote. An overwhelming landslide of a vote, which is now completely possible if we all step up and do our duty to save this democracy. To paraphrase Barack Obama: Yes, we can!...But will we?

We will find out over the next six weeks...and beyond. We offer both advice and encouragement to that end on today's show.

Also today, just a few more reasons for Trump's increasing panic, in addition to the New York State Attorney General and the Manhattan District Attorney both quickly closing in on Trump Organization crimes in two separate probes: A federal court this week tossed out the Trump/RNC lawsuit in Nevada seeking to block their Vote-by-Mail election, despite legislation adopted by the state legislature and signed by its Governor; And the news that even Texas could now be in play, with a record 1.6 million newly registered voters, Democrats spending millions on TV ads in a state long previously considered to be a Republican state, the Biden Campaign hiring on-the-ground staffers, and CBS' latest Battleground Tracker poll finding Trump leading Biden by just two points in a state that hasn't elected a Democratic nominee for President since 1976. Oh, and Republicans appear so frightened about what could happen if voters are allowed to cast their votes in Texas this year, that a bunch of them are suing their own Republican Governor to roll back his tepid expansion of Early Voting in response to the coronavirus.

Finally, Desi Doyen has quite a bit of "big" and, yes, very good news for us today (for a change) in our latest Green News Report...

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No matter everything else on today's BradCast, we end with some bona fide very good news today for voters in a key battleground state! [Audio link to full show follows below summary.]

Speaking of key battleground states, it was state primary Election Day on Tuesday in New Hampshire and Rhode Island, the penultimate primaries of the season (with only Delaware left to go next Tuesday in Joe Biden's home state.) We cover noteworthy results today from both states, even if there were few surprises.

Next, folks up and down the West Coast have literally been "seeing red" over the past day or two, as wind-sparked, heat-fueled, climate change-intensified infernos continue to burn out of control through millions of acres at a record pace today. Among the results has been blood red sunlight across parts of Northern California and much of the Pacific Northwest, even in areas far from any active blazes.

During a press conference this afternoon, Oregon's Gov. Kate Brown described the outbreak of fires burning in both her state and neighboring Washington as "unprecedented", warning they could result in "the greatest loss of human life and property due to wildfire in our state's history." As we went to air, officials were prioritizing the safety of residents --- many of whom are evacuating, others who had to be airlifted out --- and homes, with hundreds already reportedly destroyed. These apocolyptic stories of millions of acress burned and communities completely wiped out should be front page news everywhere, but aren't. And every story should about them should tie the record-setting, catastrophic disasters to our quickly worsening climate crisis, but they don't. We do.

Then, we're joined by Slate's ace legal reporter, and one of our favorite guests, MARK JOSEPH STERN, for a two-fer today. First up, Stern explains the unprecedented use of the Federal Tort Claims Act, as invoked in a federal court filing on Tuesday night by the U.S. Dept. of Justice, to try and protect Donald Trump from a defamation lawsuit filed against him in New York state court. The case involves columnist E. Jean Carroll who alleges Trump raped her in a department store dressing room in the 1990's. After she described the incident in a recent book, Trump called Carroll a liar, claiming to have never even met her (despite a photograph of them together), and asserted he couldn't have raped her because she was "not my type."

Carroll sued the President for defamation and, after successfully defeating several motions to dismiss by Trump's personal lawyers, was set to both depose Trump in the case and obtain a DNA sample from him that she believes will match a stain on the dress she said she was wearing during the alleged assaulted at NY's Bergdorf Goodman department store in 1995.

On Tuesday, the DoJ intervened with a stunning motion to move the case from state to federal court, and replace Trump's personal defense attorneys with their own. If upheld by the court, that would effectively end the case under the Federal Tort Claims Act, where defamation suits against federal employees are barred. Stern, however, explains what the law is meant to do --- protect federal officials from being held personally liable for lawful acts done in the course of carrying out their jobs --- versus how the DoJ is now attempting to use it to shield Trump from liability for defaming a woman who says she has evidence of a rape more than two decades before he became President. Whether Bill Barr's DoJ attorneys will successfully prove to a federal court that defaming a citizen while responding to reporters questions about a rape twenty-five years ago is truly within the scope of a President's duties remains to be seen. But the filing itself is now likely to push the deposition and DNA test, in any case, beyond the November 3rd election, as Trump was hoping for.

Finally, we get to the bona fide good news today out of North Carolina, where a panel of state court judges late last week finally struck down an 1877 law meant to "secure white supremacy" in the state following the post-Civil War Reconstruction period. The law barred former felons who completed their prison sentences as well as all parole and probation from registering to vote if they still owed court-imposed fines and fees. As Stern reports --- and as revealed during the course of the case --- the law was originally spearheaded by a state lawmaker who presided over the lynching of three Black men and was meant, according to documents [PDF] unearthed by an expert witness historian for the plaintiffs, to prevent "the honest vote of a white man" from being "off-set by the vote of some negro."

The court's ruling means that some 100,000 NC residents are now newly eligible to vote in the 2020 Presidential election in one of the most closely divided states in the nation Another ruling from the same panel, likely to come after a trial, according to Stern, could result in another 70,000 currently disenfranchised former felons becoming eligible to vote as well. Moreover, as the case involves state law and is in state court, it cannot be overturned by the U.S. Supreme Court. Stern --- who recently published "An Extremely Comprehensive Guide to Making Sure Your Vote County, In Every State", also explains that the ruling will almost certainly not be overturned by the 6 to 1 liberal majority on NC's Supreme Court because, as he tells me, "there are a lot of bad ass women of color on North Carolina's state Supreme Court, and I think these individuals are going to say we cannot tolerate a racist law from 150 years ago."

Not coincidentally, as a racist, 150-year old Jim Crow measure is finally being knocked down in NC, the GOP majority in Florida's state legislature just adopted a nearly identical measure just last year to bar former felons from voting if they have not paid off all court-imposed fines and fees. That law was found to amount to an unconstitutional poll tax by a federal judge earlier this year, but his ruling has now been stayed by SCOTUS until after the 2020 Presidential election in that key swingstate. The stay allowing Florida's "pay-to-vote" law is likely to block as many as 1.5 million potential new voters --- including a quarter of the state's male African-American population --- from voting this November in the Sunshine State...

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On today's BradCast: Never mind the lawlessness of it all. Personally, I'm still having trouble today getting over the creepy, grotesque scene of thousands jammed shoulder to shoulder together on the White House lawn for Donald Trump's viral super-spreader event in celebration of his acceptance speech to run for a second failed term as President. But maybe that's just me. [Audio link to today's upbeat show after a very grim night follows below.]

We're joined today for our Republican National Convention Week-in-Review by HEATHER DIGBY PARTON, award-winning opinion journalist at Salon and Hullabaloo, and RICHARD "RJ" ESKOW, longtime progressive columnist and host of The Zero Hour show on radio, TV and podcast.

It was a bizarre and stunningly dishonest week from the GOP, to say the least, capped off by the mother of all Lie Fests from the President of the United States himself. His droning, 70-minute long attempt to gaslight the American people by lying about his record and trying to scare the hell out of them about Joe Biden, did not disappoint, at least on the dishonesty scale. We make short work of a few much-needed, monster fact-checks at the top of the show before we get to the central question of the day.

Setting aside the lies and the hypocrisy of breaking countless laws while use the White House ("the People's House") to declare himself the "Law and Order President", did Trump's false, fear-mongering speech, and all the same that came before it this week from every other RNC speaker, accomplish what Republicans and Trump needed them to?

Parton and Eskow (and Desi Doyen and me) all have plenty of thoughts on that question and many others in today's lively round-table at the end of another long convention week and as we prepare for the nightmares to come in the general election season, debate season, and, undoubtedly, the boatload of October Surprises and dirty tricks that lie ahead...

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Today's BradCast, I suspect, largely speaks for itself. [Audio link to full show is below.]

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

• Steve Bannon, Donald Trump's third 2016 campaign chief and former CEO of the rightwing propaganda outlet Brietbart, becomes the third to be arrested and charged with crimes. He now faces federal felony fraud charges for stealing $1 million from a supposedly non-profit donor-driven wingnut effort that raised $25 million to build fencing on the U.S. southern border. We're happy to see yet another Trump-enabled con-man and grifter held accountable, but it comes with a warning about what this likely means for other federal indictments that could drop in the coming days ahead of the November 3rd election;

• After receiving a very generous mulligan from the Republicans' stolen U.S. Supreme Court last month --- allowing his attorneys another bite at the apple in making their ridiculous case that the President of the United States is above the law in every way --- Trump's lawyers lose yet again, as a lower federal court judge rules for a second time that Trump's accounting firm, Mazars USA, must turn over his tax returns and other financial documents to the Manhattan District Attorney investigating the President on state fraud charges;

• Our quick review of the masterfully crafted and performed Day 3 of the DNC's virtual Democratic National Convention, including the historic nomination and perfectly delivered acceptance speech by official Vice Presidential candidate Kamala Harris, and...;

• An extended excerpt of former President Barack Obama's speech for the ages, unlike any he's ever delivered, with a stern and clarion call to all Americans to rise up now by casting our votes to save democracy and the republic itself...

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Michelle Obama says that quarantine, racial strife and the "day in and day out" "hypocrisy" of the Trump Administration has left her wrestling with "low-grade depression". We know the feeling and suspect you do as well. But, as we noted almost four years ago here on the BradCast, we're all going through this nightmare together. We said we'd be here with you throughout, and we still are. And we will come through this together. [Audio link to show is posted below the following summary.]

All of our stories today are today's top story. And we couldn't even get to all of them. But we tried. Among those stories...

• Ohio's Republican Governor Mike DeWine tested positive today for the coronavirus just minutes before he was to meet with the President. Lucky for him --- and the President --- that everyone who meets with Donald Trump must be tested first. If we were all only as lucky as the President; Trump was in Ohio today to sing the praises of the "economic prosperity" his Administration has brought to the nation (and attend a fund raiser for his reelection). [UPDATE POST-SHOW, 7:49p PT: A more sensitive test finds DeWine negative for COVID-19 after all!]

• That "economic prosperity", according to the Labor Department today, includes another 1.2 million Americans who newly filed for unemployment last week. It was the 20th straight week with more than one million new jobless claims. Before the pandemic, the all time highest number of weekly jobless claims was 695,000. More than 31 million Americans are now out of work as they enjoy Trump's "economic prosperity" as the GDP fell a record annualized rate of nearly 33% in the second quarter. It took three years of the Great Depression before we even got close to an annualized negative 30%. During the Great Recession, we only ever topped out at about negative 8%. Other than that, how about all that "economic prosperity" thanks to Donald Trump?!;

• As bad as things are, they are likely to get much MUCH worse, unless Republicans in Congress and at the White House get their act together and quickly. The $600/week expanded unemployment payments from an earlier COVID emergency relief bill for those 30 million or so unemployed Americans has now expired. The moratorium on evictions has also ended. But Republicans and the White House are still unable to put together a new relief package that can pass Congress. Democrats in the House already adopted a $3 trillion package to extend unemployment, the eviction moratorium, and give hundreds of billions to cash-strapped states, cities and hospitals, not to mention the U.S. Postal Service months ago. Tens of thousands of deaths later, however, we're still waiting on the GOP and the Administration to take action. How many will be homeless, starving or dead before they do?;

• In some brighter news --- at least for those who weren't suckers enough to donate money to the con-artists at the terrorist-supporting National Rifle Association --- New York state's Attorney General Letitia James sued the NRA on Thursday, charging massive financial fraud by its leaders and seeking to dissolve the once-powerful, now wholly corrupt 150-year old organization. James' civil suit details a gobsmacking amount of corruption and unlawful self-dealing by the NRA's leader Wayne LaPierre (pictured above) and four other top officials. It alleges the "non-profit's" executives diverted tens of millions of dollars to themselves for lavish personal vacations and other personal expenses, no-show contracts for associates --- including family members and girlfriends --- and even secret contracts created for themselves. LaPierre is alleged to have hidden millions of dollars in personal income from the IRS in the bargain. James is seeking to shutdown the organization's charter as a non-profit organization established in New York, and to bar the executives for life from holding any major role in any charitable organization. Donald Trump said today that he thinks the matter is "a very terrible thing"...for the NRA, an ally of his, as opposed to the millions of Americans who have been ripped off by rightwing political group of grifters;

• But James' announcement today may just be a preview of wait awaits Trump himself (along with his associates and family members) down the road. While James already shut down Trump's own so-called "charitable" organization for similar fraud and self dealing, and the President was forced to cough up $25 million dollars just after his 2016 election to settle fraud complaints against his "Trump University" scam, the worst may still be ahead him. The New York Times revealed on Wednesday night that Manhattan District Attorney Cyrus Vance, Jr. successfully subpoenaed Deutsche Bank last year --- one of the only banks willing to loan him money --- for years of financial documents from the Trump Organization. Trump had sued both Deutsche Bank and his accounting firm Mazars USA to prevent them from turning over financial records in response to subpoenas from Congress, and sued Mazars to prevent them from giving similar tax-related statements to Vance --- successfully stalling the prosecutor, who now has clearance from SCOTUS to pursue that subpoena. But Trump apparently failed to prevent Deutsche Bank, which loaned him some $2 billion over the years, from responding to the subpoena from Vance. The documents now reportedly in the DA's possession are believed to reveal that Trump vastly and fraudulently over-inflated his personal assets (we know, doesn't sound like him at all, right?) Last week, Vance argued before a federal court that Trump's tax records were needed from Mazars as part of his investigation into public reports of "extensive and protracted criminal conduct at the Trump Organization." Given that we have now learned Vance already has many of Trump's financial documents from the German bank, it sounds like the District Attorney knows exactly what he expects to find in the rest of the documents he is seeking;

• Finally today, after some quick and disturbing news from NOAA about this year's already-record Atlantic Hurricane season on what we are now likely to see over the next four months as it continues, Desi Doyen joins us for the latest Green News Report. It, too, is chock full of quick and disturbing news....but also some very encouraging news here and there and wherever else we can find it...

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On today's BradCast: Elections are under threat once again this year, and not just from the President of the United States. But one group of cybersecurity experts launched a new initiative on Friday to try and help --- and not a moment too soon. [Audio link to full show is posted below.]

First up, what suffices for some good news today: The Manhattan District Attorney seeking 8 years of Donald Trump's tax records and those from the Trump Organization suggested in a court filing today that his investigation requires those documents since he is examining "extensive and protracted criminal conduct at the Trump Organization...dating back over a decade." Until today, the office of Manhattan District Attorney District Attorney Cyrus R. Vance, Jr. had indicated only that he was probing the hush-money payments made to porn star Stormy Daniels and Playboy model Karen McDougal before the 2016 election. Those payments were meant to keep them quiet about affairs with Donald Trump.

Trump's former attorney Michael Cohen is serving a three year sentence for his part in that criminal campaign finance conspiracy which both he and federal prosecutors say was "directed" by Trump himself. But today's court filing makes clear that Vance's probe goes far beyond that. Last month, the U.S. Supreme Court said that subpoenas of Trump's financial services institution by the Grand Jury impaneled by Vance were permissible, though they sent the case back to a lower court for one more review, delaying any potential state prosecution of Trump or his associates likely until after the election. Now we have some confirmation that Vance's state investigation (which is immune to Presidential pardon power) appears much broader than previously publicly known.

In other accountability news, a 17-year old from Tampa, Florida was arrested on Friday, accused of being the mastermind behind a scheme last month that commandeered the Twitter accounts of Barack Obama, Joe Biden, Bill Gates, Elon Musk and other high-profile politicians, CEOs and pop stars. The conspiracy --- two others were also arrested, including a 19-year old from the UK and a 22-year old from Orlando --- was an attempt to scam more than $100,000 in Bitcoin out of gullible people who followed the Twitter accounts of those celebrities, which were taken over by the alleged perpetrators.

As we've observed before, if multi-billion dollar social media companies such as Twitter, which spends huge sums of money on cybersecurity, can't keep their systems safe from hacks like this, what chance does Mr. and Mrs. Local County Election Clerk have in protecting their computer voter registration databases, electronic pollbooks, computerized voting systems and computer tabulators this November? That effort is made all the more impossible this year thanks to the expansion of Vote-by-Mail in response to the COVID-19 pandemic, and the refusal of Republicans in Congress to appropriate the $4 billion that election officials across the country have been seeking for months in hopes of expanding election systems and protecting it from cyber-intrusion and other related failures this year. The federal government --- via the U.S. Dept. of Homeland Security (DHS) and the Elections Assistance Commission (EAC) --- offers extremely limited support for the nation's 13,000 independent voting jurisdictions.

But with just over 90 days until Election Day now, a new initiative is being launched out of the University of Chicago Harris Cyber Policy Initiative called the Election Cyber Surge. The initiative, according to its Executive Director MAYA WORMAN, who joins us on the show today, is to bring volunteer cybersecurity and voting systems experts together with local elections officials to help them with whatever cyber-related problems or concerns they may be facing before the election. The hope, she explains, is to help prevent cyberintrusions and ransomware attacks and the like before they happen.

"The need is clear," she tells me. "I think it's increasingly more obvious to those who aren't following this closely, who aren't following this beat. That, in itself, is a strong indicator that we are needed. ... It's not just voter rolls. It's not just the output of the machines, but all of the things in between, including maps of where all of your polling place might be, the hours that they're open, what the deadlines are to register, the information you need once you get there --- all of this stuff can be tweaked just slightly. That could affect the major portion of the voters in any given jurisdiction."

Given the enormous complexity of today's voting and counting systems --- not to mention often-interconnected voter registration systems and electronic pollbooks --- the free help offered by Cyber Surge is likely to be invaluable to thousands of local jurisdictions who may have limited, if any, IT support and a lack of access to cybsersecurity experts. Though we are now just three months out from this year's critical Presidential election (mail-in ballots will go out and early voting will begin in as few as 45 days in some places), Worman says she is confident that the new initiative --- born out of DefCon's "Voting Village", a hacking conference where white-hat hackers have been successfully trying their luck on various voting systems since 2017 --- will prove helpful to myriad election officials who, too often, rely only on private voting systems vendors for support.

"More than 50% of all election officials rely on at least 6 different vendors," Worman observes. "I think there's obviously an expectation that the people with whom they are doing business will not lead them astray, and maybe they won't. But when you have so many different, overlapping tools and systems and a network, and it's all being fed by an antiquated database that is protected who knows how, that is where vulnerabilities from having multiple vendors comes in."

Worman, and (hopefully) cavalry of experts aim to help. And quickly. The effort will be more necessary than ever this year given the necessary changes being made to voting during the pandemic and, thanks to Republican intransigence in Congress, a lack of financial resources to pay for it. "The days of making sure that the room where the ballots are kept is locked --- we're far beyond that now. So a reality check that is gentle, but based in reality, is critical," she warns, adding: "Without sounding too trite, I think staying positive is key here. I think it is very clear that there are more people who want our elections to work than who don't want them to work. And that's important to remember."

Finally, on a somewhat lighter note today, we open up the phone lines to listeners for their thoughts on a) who they would like to see presumptive Democratic Presidential nominee Joe Biden choose as his Vice-Presidential candidate and b) who those same listeners fear he will actually name. Some of the responses from callers may surprise you!...

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It ain't over 'til it's over. And several well-respected Constitutional attorneys have just filed a motion arguing the Roger Stone case is not over at all. Not yet anyway. One of those attorneys joins us on today's BradCast to explain. [Audio link to show is posted below.]

But first, some other news of note today. It's becoming a broken record, but the U.S. broke yet another record for new, daily COVID-19 cases on Thursday. It's the 11th such record smashed in the first 16 days of July. With more than 75,600 confirmed new cases reported on Thursday alone, the U.S. is now quickly rushing toward the 100,000 cases per day that Dr. Anthony Fauci shocked the nation a week or so ago by predicting was likely coming soon.

Of course, why should anybody believe the nation's top infectious disease expert Fauci on these things? Former game show host turned rightwing genius Chuck Woolery certainly doesn't! Or didn't. Maybe he does now. Woolery unleashed an unhinged Twitter rant on Sunday calling news about COVID-19 "outrageous lies", and warning us that "The CDC, Media, Democrats, our Doctors" are "lying" about it all. The President of the United State retweet that screed to much notice on the same day. The very next day, however, on Monday, Woolery tweeted again. This time "To further clarify and add perspective." What was his added perspective? His son had been diagnosed with COVID-19. That led the former "Love Connection" host to concede that the virus "is real and it is here." He deleted his entire Twitter account soon thereafter.

Yes. It's real and here, no matter how much Trump and his duped followers hope to pretend it away. And Woolery is just the latest wingnut to be hoisted on his own idiotic social media rantings suggesting the coronavirus is little more than hoax by the media and by Democrats to help them win the upcoming election and/or to allow Fauci and Bill Gates to control the world. Or something. Unlike so many other wingnuts, sadly, who've offered similarly dangerous public rants over the past several months, Woolery wasn't actually killed by the virus before his embarrassing social media spew revealed him to be an idiot. We send our best wishes for a healthy future to both him and his son.

Similarly, we send such wishes to U.S. Supreme Court Justice Ruth Bader Ginsberg who, after apparently overcoming an infection that hospitalized her overnight this week, announced that she, separately, has been undergoing twice-weekly chemotherapy since being diagnosed with a recurrence of cancer on her liver in May. She has, so far over the past decade, survived pancreatic, colon and lung cancer. She says her current cancer is "at bay" and that she is "able to maintain an active daily routine." In her statement today, she vowed to continue her work at the Court until she can no longer "do the job full steam," adding "I remain fully able to do that." In fact, according to NBC News, other than Chief Justice John Roberts and Justice Brett Kavanaugh, Ginsburg authored more opinions over the past term than any of the other Justices, even as she was undergoing treatment for cancer. Meanwhile, the nation will remain on pins and needles until a new President is sworn in.

Ginsburg's still-sharp mind may soon be needed on a number of landmark matters that could come before the Republican's stolen SCOTUS, as the Trump Presidency (hopefully) nears its ugly end over the next several months, even as he becomes more desperate, manic, narcissistic and reckless with each passing day. One such matter that could come before the Court is a ruling on the Constitutionality of Trump's grant of Executive Clemency to his long time pal, former Trump campaign official, and decades-long GOP dirty trickster Roger Stone.

On Wednesday this week, to little public notice, the non-partisan good government group Free Speech for People (FSFP) filed a motion [PDF] with U.S. District Court Judge Amy Berman Jackson, who oversaw the Stone case and his eventual sentencing to 40 months in prison. Stone was found guilty by a jury of 7 counts of lying to Congress and federal investigators in their probe of Russian interference in the 2016 election, and of witness tampering (threatening to kill the witness and his dog) in his case. Jackson, in her closing remarks after sentencing Stone, said he "was prosecuted for covering up for the President."

That same President then granted Clemency to Stone by commuting his 3-year sentence to zero days late last Friday night, before Stone could even reported to prison as scheduled this past Tuesday. But a number of well-respected Constitutional legal scholars are now arguing that Trump's action on Stone's behalf was unconstitutional and should be overturned by Judge Jackson.

"This case isn't over," declared Ron Fein, Legal Director of FSFP in a statement announcing the motion filed with Jackson on Wednesday. "The Supreme Court has acknowledged that the pardon power is not unlimited, and the Constitution requires the President to exercise that power loyally and carefully in the public interest rather than in his own self-interest."

Joining us on the show today is BEN CLEMENTS, a former federal prosecutor, former Chief Counsel to MA Governor Deval Patrick and now Board Chair and Senior Legal Advisor for FSFP. Clements, with more than thirty years of expertise as a constitutional attorney in both the public and private sectors is co-counsel on the motion filed by this week with Judge Jackson.

"In the very clause establishing the Presidency itself, Article II of the Constitution, the framers included language making clear that the presidency is, in effect, a public trust. Its powers must be exercised for the benefit of the public, and not the personal benefit of the President," Clements tells me today. "They specifically provided that the President is required to take care that the laws be faithfully exercised and executed, and they required the President to take an oath to faithfully execute the office of President."

Clements goes on to explain that the Presidential pardon power, while "considerable" is "not absolute," and that the Supreme Court has recognized those powers "are subject to the textual constraints in the Constitution itself." In other words, as he details today, it can't be used in a criminal manner or with a corrupt purpose. He offers the example that it would be unlawful and unconstitutional for a convicted felon to pay bribe money to the President in exchange for a pardon.

"Granting a pardon or a commutation for a completely unlawful and illicit purpose is antithetical to [the President's] obligation to ensure that the laws are faithfully executed," Clements argues, adding, "There's ample public evidence that this was part of an illicit bribe. Stone agreed to protect the President by refusing to tell the truth, even lying to investigators investigating the role of Trump and his campaign in Russia's unlawful interference in the 2016 election. And Trump agreed, in exchange, to protect Stone from the legal consequences of his illegal conduct."

"At a minimum, the public evidence --- including statements from Trump himself throughout these last several years, and from the White House in describing the reasons for this commutation --- that evidence demonstrates that Trump's purpose in commuting [Stone's] sentence is to reward him for covering up for Trump, and to continue to protect Trump," according to Clement. "So, this is not 'faithful execution' of the laws as required by Article II. This is obstruction of the law, it's obstruction of justice, and it's obstruction of lawful investigations all for corrupt and self-interested purposes."

He says it is up to the court --- right now, Judge Jackson --- to consider the arguments presented and "if the judge agrees that the evidence is persuasive, to declare [the Commutation] constitutionally invalid and to order Roger Stone back to prison."

It's a fascinating twist --- or, at least, a potential one --- in the case. Clements goes on to offer his insight on how all of this may play out in the days ahead...including what may happen once, and if, the case reaches the High Court. You'll want to tune in for today's conversation for much more on this important filing, that has otherwise flown largely under the radar this week with everything else that is going on.

Finally, we end with some bonafide good news --- at least for progressives --- as 44-year old progressive African-American and first time political candidate, Jamaal Bowman, is declared the winner by AP over 16-term establishment U.S. Rep. Eliot Engel in New York's June 23rd Democratic primary. Bowman's reported victory in the 16th Congressional District mirrors Alexandria Ocasio-Cortez' win over 10-term Democratic Congressman Joe Crowley in 2018. And, as with AOC's District next door, Bowman's is heavily Democratic as well, meaning the winner of this year's primary is, as AP reports, "virtually assured of victory in the general election in November."

So there's a bit more good news to take home with you this weekend, as we all limp together towards the hoped-for coming end of the Trump nightmare and all that has come with it...

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