We've got a helluva BradCast for you today, on two different topics, both of hugely critical importance to American democracy and this year's elections. [Audio link to full show follows below this summary.]

FIRST UP... On Tuesday, two different major media outlets offered alarming new reports on, among other things, Donald Trump's long-time admiration for Adolf Hitler. Both detailed stories are based in part or full on new interviews with Trump's longest-serving White House Chief of Staff, General John Kelly, who also served as Trump's Dept. of Homeland Security chief before being brought over to head up his White House.

The very conservative Kelly explains in his on-the-record, recorded conversations with the New York Times' Michael Schmidt (free link!) that he had been reluctant, as a longtime, high-ranking member of the military, to speak out publicly about his old boss, given his belief that the military should largely stay out of public politics. But Trump's recent, repeated comments about "the enemy within", in reference to the former President's personal domestic political opponents, and his remarks about unleashing the U.S. military against them, changed his mind.

As of late this afternoon, Fox "News" reportedly still hasn't found time in its 24/7 schedule to play any of the disturbing, freely available audio from Schmidt's three conversations with Kelly, as published yesterday. So we figured we'd go ahead and do so ourselves on today's program. You're welcome!

In short, Kelly's remarks detail how Trump...

• meets the very "definition of fascist", is "certainly an authoritarian", "admires people who are dictators" and "prefers the dictator approach to government;
• repeatedly praised Hitler during Kelly's time in the White House and insisted the German dictator "did some good things";
• doesn't understand either history or the U.S. Constitution, though frequently insisted he knew more about the President's Constitutional authority than the lawyers in the White House Counsel's office did;
• looked down on those who were disabled or killed on the battlefield, confirming that Trump would often described them as "losers and suckers";
• and that, never mind his policies, many of which Kelly might agree with, the man simply doesn’t have the character to serve as President of the United States, which is far more important than any particular partisan policy positions.

That, of course, is the quickest of summaries. Tune in for more. And for a really harrowing report on Trump's disturbing views of the military ("only suckers went to Vietnam"), the Constitution, rule of law, and extraordinary lack of character, see Jeffrey Goldberg's article yesterday at The Atlantic, headlined "Trump: I Need the Kind of Generals Hitler Had". It includes more from Kelly and opens with the story of a murdered woman in the military whose family was told by Trump at the White House that he would personally pay for her funeral. Then, when the bill arrived, he was reportedly furious, refused to pay it, and declared "It doesn't cost 60,000 bucks to bury a fucking Mexican!"

NEXT UP... In a sharp, if perhaps welcome, turn, we're joined today by CHRIS MELODY FIELDS FIGUEREDO, the Executive Director of the nonprofit Ballot Initiative Strategy Center.

The record 11 different abortion rights related referendums on the ballot in 10 different states this year, in the wake of SCOTUS overturning Roe v. Wade in 2022, have received a fair bit of attention from the media. But, in fact, there are more than 150 ballot measures on the ballot this year across 41 states right now, on everything from how elections are run, to how redistricting should happen, to who gets paid sick leave, to raising the minimum wage, to stuff like banning trophy hunting and cracking down on retail theft. All of which has the potential to reshape state policy on key issues nationwide for years to come.

In a very lively conversation today with Fields Figueredo, we discuss much of the above and more, including the explosion of the use of citizen ballot initiatives (and reasons for it); ongoing efforts in Republican-controlled states to make such citizen referenda harder to get onto the ballot and more difficult for voters to adopt; why very progressive initiatives are frequently adopted in otherwise very "red" states; how a number of critical initiatives this year could radically change politics as we know it in states like Ohio; whether there is a real correlation between initiatives on the ballot and partisan turnout; some of the sneaky initiatives on ballots in some states this year; and where progressives can go to get advice on how best to vote on often deceptive or confusing referendums. (I've got twenty of them on my ballot here in Los Angeles this year!)

"Ballot guides are my favorite thing," she tells me, admitting that she's a huge "nerd". "There are a number of organizations in your state that may be producing ballot guides that give you information in plain language," Fields Figueredo advises. "Go to organizations that you trust. Also a great resources is the League of Women Voters. Their ballot guides put it in simple language. We also have a Ballot Measure Hub. It's not going to have every single ballot measure in the country, but I would go to trusted news sources or local organizations that are going to try to put these issues into plain language."

Yup, it's another five pound BradCast in a one pound bag today! Enjoy!...

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On today's BradCast, we take up the President's charge to stand "in defense of democracy". [Audio link to full show follows below this summary.]

Among our coverage today...

• During President Biden's solemn, somber and historic prime time Oval Office address to the nation on Wednesday evening (transcript here), to explain his Sunday decision to drop out of the 2024 Presidential race and endorse Vice President Kamala Harris for the top of the ticket, he focused in no small part on the need to defend democracy against wannabe "kings and dictators," while he charged that "the cause of American democracy itself" is now at stake. "We must unite to protect it," he implored. We discuss and continue to join that fight.

• Meanwhile, as the U.S. House on Wednesday voted 417 to 0 to create a special task force to probe what happened during the July 13 assassination attempt on Donald Trump in Pennsylvania, FBI Director Christopher Wray testified on Wednesday that, in fact, nearly two weeks since the shooting, we have no idea "whether or not it's a bullet or shrapnel" that wounded Trump's ear. In fact, to date, no medical expert or law enforcement official has ever offered an official public accounting of what actually happened to the former President that day, even as mainstream corporate media have simply taken the social media claim by Trump, an inveterate liar, that a "bullet...pierced the upper part of my right ear" as fact. Ever since, Trump has exploited the event to claim at his convention, in rally speeches and on social media, that he "took a bullet for democracy."

  As we detail today, however, all available evidence suggests that is simply a lie. The man who, himself, has become the greatest threat to American democracy in modern history is now using the near miss for stolen valor to pretend to be a defender of democracy.

  As Ernie Canning explains at The BRAD BLOG this week, whether Trump "took a bullet" or not, it was not "for democracy," as investigators have reportedly found no evidence to suggest the shooting was politically motivated. And, as TPM's Josh Marshall has been reporting for some time, evidence suggests it was more likely some sort of flying shrapnel that grazed Trump's ear, along with causing similar minor injuries to several local cops who were near the stage that day. In any event, the media's failure to even ask the Trump Campaign about these details --- as one rally goer was actually killed and two others critically wounded that day --- for apparent fear of angering the former President, is "bizarre" and "a total journalistic failure" to the American people and to history. It also, as we note, underscores tyranny expert and author Timothy Snyder's repeated warnings about giving up power to would-be autocrats by "obeying in advance." Much more on all of this on today's show.

• We've got more details today on the DNC's plan to begin a virtual roll-call vote on August 1st next week --- well in advance of their August 19 convention in Chicago --- in order to finalize the party's Presidential and Vice-Presidential nominees no later than August 7th. Why are they doing this? No, it's not to ensure there are no challengers to presumptive nominee Kamala Harris. Rather, it is thanks to a story we've been covering since the beginning of the year about the failure by Republican state lawmakers to change the statutory deadline for submitting certified party nominees for the Buckeye State ballot by August 7th, as they've done for many years, as needed, when Republicans hold their national conventions late in the summer. Yes, state lawmakers, in a late special session, finally changed the statutory deadline. But the new law doesn't take effect until September 1, opening opening up Democrats to a potential legal challenge by Republicans as to whether their nominee can lawfully be on the state's ballot at all this November. Tune in for more details.

• More news "in defense of democracy" out of Ohio this week. A ballot measure for a state constitutional amendment that would create an independent redistricting committee has qualified for the November ballot! If adopted by voters, it could end the state GOP's wildly gerrymandered Congressional and state legislative maps for 2026. Otherwise, Republican Buckeye State politicians will continue to be allowed to choose their own voters, rather than vice versa, until at least 2030.

• And still more good news "in defense of democracy" from the Buckeye State today! A federal judge has struck down part of a sweeping election reform package adopted by Ohio Republicans last year that makes it a felony for disabled voters to allow caregivers, roommates, in-laws or even grandchildren to help them cast their absentee ballot by mail or drop box. The voter suppression law threatened to charge anyone but immediate family members (which apparently doesn't include grandchildren!) with felonies for helping those voters in need to cast their ballot. That, as the CDC finds that people with disabilities make up more than a quarter of the U.S. adult population.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on explosive wildfires in the U.S. and Canadian west; the two hottest days ever recorded on Planet Earth (this past Sunday and Monday); and a focus on the Republicans' shocking Project 2025 plans to gut federal science agencies --- such as the EPA and National Weather Service --- along with climate science and many if not most environmental protections and climate change initiatives...

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Today on The BradCast: Imagine if Justice Ketanji Brown Jackson was found to have been flying a Joe Biden "Dark Brandon" flag at her house. Ya think Republicans in Congress might have anything to say about it? Might take any action in response to it? [Audio link to full program follows this summary.]

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

• Republicans in the Ohio state legislature are still blocking Joe Biden from this year's Presidential election ballot in the Buckeye State. Even Republican Governor Mike DeWine is now calling it "ridiculous" and "absurd" and has called a special legislative session for next week to fix the problem that GOP lawmakers have so far refused to. Think they'll finally do it?

• The corrupt rightwing majority on the packed and stolen U.S. Supreme Court on Thursday, allowed a racial gerrymander in South Carolina to remain in place for the 2024 election. All of the Court's liberal Justices dissented. The 6 to 3 majority opinion was written by Justice Samuel Alito, who appeared more concerned that state lawmakers might be seen as having engaged in "offensive and demeaning" conduct, than he did about the tens of thousands of Black voters in the state whose votes have been shifted to other districts to make it easier for Republican Rep. Nancy Mace to hold on to a seat in the U.S. House. It's not a racial gerrymander, the Court's Republican majority claims, it's a partisan one. And, apparently, that's just fine. (Justice Clarence Thomas went out of his way in a concurring opinion to note that racial gerrymanders are just fine as well.) All of that, after a lower court panel of federal judges found that SC's racial gerrymander amounted to the "bleaching of African American voters."

• And, speaking of Sam Alito....Now the whole world knows, if they didn't already, that the corrupt, far-right Republican Supreme Court Justice is both a personal supporter of the Trump-incited 2021 insurrection at the U.S. Capitol and a Christian Nationalist. At least based on the two different flags he has been flying over two of his houses, according to more excellent reporting by the New York Times on Wednesday. That, as we await two different major rulings from the High Court regarding accountability for Donald Trump in relation to the insurrection. Neither Alito nor Thomas, whose wife directly participated in the insurrection, have recused themselves from either case. So, what are Democrats in the U.S. Senate going to do about any of it? So far, it doesn't look like they're prepared to do much, at least beyond issuing an occasional "outraged" press release. As discussed in some detail today, that needs to change.

• One of voting system vendor Smartmatic's several, huge, defamation lawsuits for lies told about the company "rigging" the 2020 election, is against the far-right political propaganda outlet known as Newsmax. Court documents made public this week reveal that Newsmax destroyed evidence --- text messages and emails --- that they were required to retain for the lawsuit.

• This week, Joe Biden cancelled student loan debt for another 160,000 borrowers, bringing the total number receiving some form of forgiveness up to nearly five million. His Dept. of Education has now approved about $167 billion in loan forgiveness under a number of different programs, following the corrupt SCOTUS ruling that prevented the President's initial effort to forgive up to $20,000 for some 43 million borrowers. Still, $167 billion is nothing to sneeze at. And it's money that can now go instead into the economy instead to purchase homes, cars, etc., which helps everyone. Fox "News", of course --- which had no problem when Trump gave trillions of federal dollars to millionaires, billionaires and wealthy corporations via GOP tax cuts --- seems to have a different opinion about federal government relief for those who actually need it.

• Finally, Desi Doyen joins us for our latest Green News Report, as deadly, climate changed-fueled extreme weather lashes folks from Mexico to Iowa; Florida's Gov. Ron DeSantis signs a "Don't Say Climate Change" law as the state broils in yet another heat wave; Oakland, California becomes the nation's first school district to move to 100% all-electric school buses; And microplastics are now found everywhere, even inside of us. You'll have a ball finding out where scientists have discovered them most recently. It's nuts!...

And with that great news, The BradCast (and Green News Report) will be standing down next week for a much-needed break over the Memorial Day holiday week. Will the disgraced former President be a convicted felon by the time we return? We'll find out! Either way, see ya on the other side! (And, of course, well before then for a few Sunday Toons at the very least!)

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It's received almost zero attention or notice, but the Republican appointees to the Federal Election Commission on Thursday tried to overturn a bedrock principle of American democracy: transparency of contributions and the identities of donors to political campaigns. The move caught us here at The BradCast by surprise, but we feel slightly better after hearing that our guest today, one of the nation's foremost experts on campaign finance, also just learned about this unprecedented effort. [Audio link to full show follows this summary.]

BUT FIRST UP... Two unusual rulings from the packed, stolen and corrupted U.S. Supreme Court. Unusual for several reasons. One, because both oppose rightwing advocacy. Two, because a majority of rightwingers on the Court voted in favor of both of them. And three, because the Court's liberals voted in a bloc against one of them! We try to make sense of all of that for you today in each of the two rulings.

One came late on Wednesday, when the Court invoked the so-called Purcell Principle, which prevents changes to election rules, laws and district maps too close to an election, theoretically in order to avoid confusion by voters or election administrators. But this principle is opportunistically invoked by the rightwing Court when they feel like it --- even it means allowing, for example, the use of a U.S. House District map that has been found unconstitutional by the courts --- and ignored when they don't.

Their unsigned shadow-docket ruling [PDF] on Wednesday, however, invoked Purcell to allow a U.S. House District map that was newly approved by Louisiana's GOP-controlled legislature. It adds a second Black-majority voting district in the state after its previous map was found to be in violation of the Voting Rights Act following a years-long legal fight. But after the new map was approved by the state earlier this year, a group of self-described "non-Black voters" sued, claiming the new map was an unlawful racial gerrymander. A 3-judge panel on the 5th Circuit agreed and ordered a new new map. That is the order that was blocked on Wednesday by SCOTUS, allowing the second Black-majority district to stand as is, at least for 2024, even as the Court's liberal Justices, to the surprise of many, voted in against the rightwing majority. If you're confused as to why, tune in! We explain all!

The other unusual SCOTUS ruling came today, via a 7 to 2 majority opinion [PDF] written by Justice Clarence Thomas(!) and opposed only by fellow rightwing Justices Sam Alito and Neil Gorsuch. The majority opinion rejected an effort by the sleazy payday lending industry to kill the federal Consumer Financial Protection Bureau (CFPB).

The CFPB was the brainchild of Elizabeth Warren during the Obama Administration, before she became a U.S. Senator. It was created on the heels of the subprime mortgage crisis that led to the Great Recession. To avoid industry influence on funding of the federal government's only consumer-oriented agency, it was housed inside of the Federal Reserve and allowed to draw up to $600 million per year for its budget, rather than go through the Congressional appropriations process each year. The payday lender group filed suit to argue the CFPB's funding mechanism ran afoul of the Constitution's Appropriations Clause and, therefore, all of the CFPB's actions since its 2010 founding, including billions of dollars in fines leveed against their industry, must all be rolled back and the agency dissolved.

Thomas, the Court's liberals, and three more of its Republican appointees flatly rejected the lender's case. They held that, though its funding mechanism is somewhat outside the norm, Congress may still change the way it is funded at any time. Also, as the majority opinion notes, there have been other agencies, such as the Customs Service and USPS, which have had similar, non-annual standing appropriations since the founding of the country.

NEXT... On Thursday, the Federal Election Commission (FEC) held an historic vote on a new rule to allow campaign donors to remain anonymous if they claimed that allowing their identities to become public would lead to harassment. The Federal Election Campaign Act (FECA) already allows some very rare exceptions for members of groups who are shown to have been historically harassed by the U.S. Government itself. Beyond that, however, allowing for campaign donors to remain anonymous challenges the very basis of our system of open, transparent, democratic elections.

We're joined today by CRAIG HOLMAN, longtime government affairs and ethics lobbyist at the non-profit watchdog Public Citizen. He is helping to lead the fight against this startling effort headed up by Trump-appointed FEC Commissioner Alan Dickerson.

The new rule "cuts into the very fabric of a functional democratic society," argues Public Citizen in its public comment against the rule. They note it would "vastly expand the donor [disclosure] exemption far beyond its original purpose, would undermine effective disclosure of the sources of political spending, deprive voters of critical election information, swamp the FEC under a wave of new paperwork, and runs contrary to the core mission of the agency." Other than that, it's great!

"What I really find astounding is that people of all partisan persuasions, Democrats and Republicans, have always believed in disclosure," Holman tells me today. "That's the one pillar of campaign finance law that no one has really come out against. The Republicans may come out against contribution limits, regulation of money in politics, but they always say to have transparency so we know where the money is coming from. This is the very first time that the FEC has encroached upon that principle."

The good(ish) news for now, is that he reports the Commission deadlocked, in a three-to-three vote along partisan lines today. That kills it for the moment. Though, in a second vote today, Holman says they agreed to ask the FEC's General Counsel to study the matter and report back in 75 days. That, he says, is likely to result in a second attempt by Dickerson later this year. Holman says he knows Dickerson to be a "hardcore deregulation" supporter. But "this is the first time the FEC has addressed the actual issue: 'Should we just get rid of disclosure altogether?'"

"Fortunately the FEC deadlocked," Holman says. But "that means three Republicans were saying 'Yes, let's get rid of disclosure!' That's frightening. We only defeated this resolution by a deadlock vote."

Holman has much more on "how absurd" Dickerson's proposal is, and the fact that "it caught us all by surprise." He also fills us in on a petition that he has filed for a new FEC rule that will be voted on next month regarding mandatory disclosure by campaigns when they use deepfake audio and video, created by Artificial Intelligence, to mislead voters.

FINALLY... Desi Doyen joins us for our latest Green News Report, as wildfires continue to explode in Canada; Broadcast media continues to ignore Donald Trump's billion-dollar quid pro quo proposal to Big Oil donors; and Joe Biden takes on China regarding the sale of electric vehicles and solar panels in the U.S...

[NOTE: The BradCast will be off at the beginning of next week due to a family funeral. We'll be back soon!]

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The historic trial for Donald Trump's 2016 election interference indictment continues, but was on a break today in New York. That gives us an opportunity to get caught up with all the action since our previous mid-week "ketchup" episode in the first-ever criminal trial of a former U.S. President. We have much to discuss to that end on today's BradCast, but we first kick it off with some election and voting rights news. [Audio link to full show follows this summary.]

• Democrats "massively outperformed" pre-election polling yet again on Tuesday, in a Special Election for the U.S. House in New York's 26th Congressional District. Timothy Kennedy was predicted to win the seat by 9 points. He won by 36!!!

• The Trump-appointee heavy 3rd Circuit Court of Appeals voted to uphold a three-judge panel finding that mail-in ballots with missing or incorrect dates on their outer envelope in Pennsylvania must be tossed out, even though, as both sides agree, that date is used for exactly nothing. If a voter, for example, writes 2023 instead of 2024 on the ballot's outer sleeve this November, it cannot be counted, according to the Court. Democrats disproportionately vote by mail, as compared to Republicans, in the Keystone State. Voting Rights advocates are now deciding whether to take the matter to SCOTUS (good luck with that) or rehear the matter on a different basis at the trial court. Both options offer a perilous path before this year's election in the critical battleground state.

• In an absolutely twisted ruling, a three-judge federal panel ruled on Tuesday struck down Louisiana's newly-drawn second majority-Black U.S. House district, declaring it to be "an impermissible racial gerrymander". The new House map was approved by the state's GOP-controlled legislature earlier this year after they'd lost their long fight in federal court against adding a second Black voting district in a state which has long had just one (out of six), despite Black voters comprising one-third of the state. The new map with the newly redrawn district was already used to select candidates in the state's primaries last month. As explained today, this is likely to become a real test of the corrupted U.S. Supreme Court's often opportunistically used, so-called "Purcell Principle".

NEXT, we're joined by longtime Trump-crime watchers DR. ALLISON GILL of the notorious Mueller, She Wrote and The Daily Beans Podcast, and attorney KEITH BARBER of Daily Kos. Among the topics we finally get caught up on today...

• Why Trump is reportedly furious at his attorneys.
• Trump's Tuesday conviction on criminal contempt of court charges for violating his gag order nine times, and what those charges may mean for the bail conditions in his three other criminal indictments.
• How Trump is benefiting from --- and staying out of jail due to --- an obviously two-tiered justice system.
• Drowsy Don's reported inability to stay awake during the trial, why it's happening and what jurors are likely to make of it.
• What we've learned from recent witnesses including CSPAN's archivist; Stormy Daniels' and Karen McDougal's former attorney Keith Davidson (and why they both had the same attorney?!); and Gary Farro, the banker who set up the account that then Trump attorney Michael Cohen used to send $130,000 in hush-money to Daniels just before the 2016 election.
• Why Trump's family, friends and supporters are largely failing to show up for him in NY at all.
• And how convicted rapist Harvey Weinstein's recently overturned NY conviction may affect the case against our disgraced former President...

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On today's BradCast: If only the corrupted U.S. Supreme Court cared as much about the exact words in Section 3 of the 14th Amendment (the "Insurrectionist Disqualification Clause") as they pretend to care about the word "otherwise" in a criminal statute used to hold hundreds of January 6 insurrectionists --- including the former President --- accountable for obstructing an official government proceeding. [Audio link to full show follows this summary.]

But, first up today, a few news items of note...

• Yesterday, House Republicans formerly delivered two articles of revenge impeachment against DHS Secretary Alejandro Mayorkas to the U.S. Senate for a trial. Today the trial began and ended, as Democrats determined the articles contained no High Crimes and Misdemeanors as required by the Constitution.

• Despite pleas from Donald Trump and GOP U.S. Senate candidate Kari Lake for Arizona state lawmakers to repeal their draconian 1864 total abortion ban (which Lake long supported...until the all-GOP state Supreme Court revived the law last week), Republicans lawmakers in the state legislature blocked another attempt by Democrats to repeal the 160-year old territorial law.

• In Tuesday's Democratic Primary runoff for Alabama's newly redrawn 2nd Congressional District, the popular progressive, Shomari Figures, easily won. The more important news, however, may be that Democratic voter turnout during the first round of voting last month on Super Tuesday doubled from two years earlier. That, after the state was finally ordered by the U.S. Supreme Court to redraw their unconstitutionally, racially gerrymandered Congressional Map to include a second district where Black voters may have a chance of selecting a candidate of their choosing.

Next, we're joined by longtime legal journalist CHRIS GEIDNER of Law Dork News to discuss Tuesday's Oral Argument in Fischer v. U.S. at the U.S. Supreme Court. The case questions whether a January 6th insurrectionist was properly charged with a 2002 law that criminalizes obstruction of an official government proceeding.

Some 300 of about 1,400 of those charged for their participation in the Trump-incited attack on the U.S. Capitol --- including Trump himself --- have been charged and/or convicted by more than a dozen D.C. federal judges under this same statute. But one of those judges, a Trump appointee, rejected the use of the law. He was overturned by the D.C. Court of Appeals, but the plaintiff --- a police officer at the time --- took his case to SCOTUS, which heard it on Tuesday.

Geidner was at the Court this week during Oral Argument and joins us today to explain how the hearing went; why this challenge over the the meaning of the word "otherwise" in the statute even exists; the rightwing Justices' newly-discovered concerns about overcriminalization; whether he believes the Court will kill, narrow or allow the statute to stand as is; and how their ruling might affect both the cases for hundreds of insurrectionists and two of the four criminal charges that rely on the statute in Special Counsel Jack Smith's federal indictment of the former President for his multiple failed attempts to steal the 2020 election.

Geidner also offers a preview of next Thursday's looong-awaited hearing on Trump's ridiculous, rejected-by-every-lower-court, "Presidential Immunity" case, in which he asserts that all Presidents must have absolute immunity to commit any and all crimes they like while in office.

"The arguments advanced by Trump have no foundation in history, in practice, or in experience. And there is a very strong case for imagining that we will get a 9-0 decision in that case, even with this Court," Geidner argues, before noting: "The bottom line here is Trump will still have delayed [his federal 2020 election interference] case. It will be at least May before we get a ruling on this. So, in some ways, win lose or draw, he has won, if the goal here is to avoid the possibility of a conviction on these charges before the election is held in November."

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On today's BradCast: We distill a whole bunch of stuff --- results, problems, politics, concerns --- from Super Tuesday's primaries and caucuses in some 15 states and one U.S. territory. [Audio link to full show follows this summary.]

Included in our coverage today...

• Donald Trump won most, if not all, of the GOP nominating contests on Tuesday by largely anywhere from 60% to 80% over Nikki Haley who defeated Trump in Vermont. Nonetheless, she subsequently announced on Wednesday that she is suspending her campaign, without (yet) endorsing Trump, saying he must now earn her support and those of her backers.

• Republican Senate Minority Leader Mitch McConnell --- after pretending to be outraged by the deadly January 6, 2021 insurrection which he described Trump as "morally responsible" for --- endorsed him for President on Wednesday. I've got a word or two about that today.

• Joe Biden won the Democratic contests in all of the states which voted on Super Tuesday, most by well over 80%. (He only received 70% and 73% respectively in Minnesota and Oklahoma. More on that below.) Nonetheless, if you were watching CNN last night, you'd have heard how Trump "DOMINATED!" his primaries, while Biden just did "very well" on the Democratic side.

• After the U.S. Supreme Court, last year, required Alabama to finally add a second U.S. House District where Black voters might elect a candidate of their choosing --- in a state where 27% of the population is Black but only 1 of 7 U.S. House seats are even held by a Democrat --- more than 6,500 voters in that newly redrawn district were misinformed by County officials about which Congressional District they were supposed to vote in on Tuesday. The Chair of Montgomery County's Board of Registrars blamed a computer "software glitch" for what several candidates worried may have led to mass disenfranchisement.

• Meanwhile, in Utah, where Republicans decided to run their own statewide Caucuses this year, an untold number of voters end up going home without voting when the Party's computer systems crashed or were otherwise unusable at many Caucus sites. The Salt Lake Tribune describes the "chaos" that ensued.

• In North Carolina, GOP voters elected their Holocaust-denying Lt. Gov. Mark Robinson as their nominee for Governor this year. Democrats, who selected state A.G. Josh Stein for the job on Tuesday are likely delighted about that. Also in NC, preacher and former Rep. Mark Harris appears to be heading back to the U.S. House after his 2018 campaign for the state's 8th Congressional District resulted in a do-over election after Harris hired a known election thief who illegally collected ballots and filled them in for Harris. That election was tossed by the state Election Board and a chastened Harris chose not to run again. But now he's back! And on Tuesday, he apparently won enough votes to avoid a run-off. So, he appears headed back to D.C. next year thanks to further GOP gerrymandering of his NC district since he last tried to steal the election there.

• In Texas, Democrats elected Rep. Colin Allred to take on Senator Ted Cruz this fall. Though state Republicans drew the line, apparently, at nominating a convicted January 6th insurrectionist for the U.S. House in the state's 19th Congressional District, sticking with the current Republican incumbent instead.

• Jason Palmer defeated Joe Biden on Tuesday to win the Democratic Caucus in American Samoa! Who is Jason Palmer? We discuss, while noting that the victory came in a 51 to 40 vote (Not percentage points! That's the actual vote tally!) on the U.S. territorial island some 2,500 miles southwest of Hawaii. Apparently it pays to actually show up and campaign! Palmer was the only Democratic candidate who actually did so. Other than that, yeah, Biden actually "DOMINATED!" on the Dem side last night.

• There was, however, a noteable vote for "Uncommitted" in Minnesota's Democratic Primary on Tuesday, with some 19% of voters casting a protest vote against the President, presumably as a statement in opposition to the Biden Administration policy regarding Israel's war in Gaza. The state has a sizeable Arab-American population. MN Democrats' bump for "Uncommitted" this year, as compared to the last time a Dem President ran for reelection in 2012, was substantial --- much more than a similar protest vote in Michigan last week --- even as all of the other states with similar "None of the Above" options on the ballot to date (Alabama, Massachusetts, North Carolina and Tennessee) all saw a decrease in such votes this year as compared to 2012.

• Still, the protests from a small faction of the Left are unmistakable. Democrats dismiss those voters at their peril. Especially in critical battleground states like MI and MN. The protest was impossible to not notice at Rep. Adam Schiff's victory celebration last night in California. He will face Republican former MLB star Steve Garvey for the state's open U.S. Senate seat this November, after outpacing fellow progressive Congressmembers Katie Porter and Barbara Lee last night. But protesters chanted "Cease-fire Now!" and "Free Palestine!" throughout Schiff's entire victory speech on Tuesday, which the L.A.-based Dem handled gracefully. The Biden Administration does seem to be taking notice. Over the weekend, Vice President Kamala Harris gave remarks on Sunday calling for an "immediate cease-fire", "given the immense scale of suffering in Gaza."

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Don't forget to laugh out loud next time you hear a Republican pretending to oppose "Big Government regulations" or acting as if they give a damn about "forgotten working folks". Those are two of the biggest lies in the GOP toolbox, as discussed on today's BradCast, and actively demonstrated down in Emperor Ron DeSantis' Republic of Florida even as I write. [Audio link to full show follows this summary.]

BUT FIRST... A few cheerier pieces of news to kick things off. The size of the fines against Donald Trump, his company and two of his sons in the New York fraud verdict against them is more staggering than you may realize following Judge Arthur Engoron's ruling [PDF] last Friday. Most outlets have cited the $355 million that Trump must cough up. But that doesn't include another $100 million or so already tacked on in interest to cover the fraudulent inflation of assets going back as far as 2019 or so. In truth, he now owes NY about $455 million, with some $87,000 in new interest accruing each day that he fails to pay up. But don't worry. He'll pay. NY A.G. Tish James said yesterday that she is prepared to seize his assets, including buildings, if he fails to do so.

While the corrupt former President's life is on the precipice of ruin, the not-corrupt current President, Joe Biden, was busy today forgiving another $1.2 billion in student loans for some 153,00 borrowers. That brings the total to nearly 4 million Americans who have seen some or all of their student debt wiped out by the Biden Administration, after the U.S. Supreme Court rejected Biden's original plan to forgive debt for 40 million borrowers. (That, even though the corrupt rightwing SCOTUS allowed Trump to change loan terms for borrowers under the very same law Biden tried to use.)

THEN... On yesterday's program with my guest John Nichols of The Nation, we discussed the possibility of rolling back the notorious anti-union law, known as ACT 10, in Wisconsin. The measure, which gutted most public sector unions (if not right-leaning police and firefighter unions) was muscled through to law more than a decade ago by the state's far-right then Gov. Scott Walker and his gerrymandered GOP toughs in the state legislature. Now that a newly liberal state Supreme Court has allowed Democratic Governor Tony Evers to implement fairer, non-gerrymandered legislative maps for the 2024 election, its conceivable Dems could finally return to power and restore collective bargaining rights to state workers next year.

Nichols cited neighboring Michigan as a role model for repealing Republican anti-union measures in a previously gerrymandered state, after its Democratic Governor and now Democratically-controlled state legislature rolled back that state's union-busting laws last week.

So, good news in the North this week...but really bad news down in Ron DeSantis' Florida, where a hastily-enacted 2023 law by the GOP legislature, passed in hopes of buttressing the Governor's ill-fated run for President, may now, literally, wipe out the very existence of hundreds of local public sector unions, with tens of thousands of workers, across the entire state.

Thousands of teachers, civil engineers, state and local clerical workers, mechanics, city park workers, those that answer 911 calls (but not police, firefighters or correctional officers, whose unions support DeSantis and are thus exempted from the law) are now seeing their unions decertified and dissolved by the state under Senate Bill 256, or are now on the brink of seeing that happening.

We're joined today by RICH TEMPLIN --- Legislative and Political Director of Florida AFL-CIO, the state's largest labor organization, representing more than 500 local unions --- to explain what is going on here, and what, if anything can be done about it.

None of this should be happening, he explains, because decades-old provisions in Florida's state Constitution protect the right to collective bargaining for public sector workers. But, "Constitutional Conservatism" is apparently for lefties and liberals now down in the Sunshine State, where Templin describes this attack on unions as "a sordid, complicated tale," that began "when Ron DeSantis decided to run for President."

"He was rewarding his biggest donors. Not only past donors but future donors he could count on for the campaign," Templin says, detailing how the wannabe President was "catering favor with national organizations that can provide national endorsements and national money. That's how we got sucked up into it. The extensive Koch Brothers network...He did this for them."

"When the bill was passed," Templin asserts, "there was no constituency group asking for it. There was no public sector employers asking for it. There were no public sector employees asking for it. It was 100% driven by billionaire out-of-state think tanks who the Governor was currying favor with for his Presidential run, and a legislature that was all too willing to turn their constituents over to his political ambitions."

At its heart, SB256 takes away the option for union members to voluntarily have their dues taken out of their paychecks each month. (Most unions anyway. Remember, police and firefighters unions are exempt from SB256.) Then the measure simply decertifies unions that do not have more than 60% dues-paying membership, even though Florida is a so-called "Right to Work" state where all workers must be allowed to "freeload" off of union contracts without being paying members of the union. They "took away the ability for members to conveniently pay their dues, and then they say, 'If there's not enough of you paying dues, you lose your union altogether.'"

While DeSantis didn't win the Koch Network endorsement or money --- or GOP Presidential nomination --- "he has really destroyed the state of Florida," in his failed attempt, according to Templin. "We are in shambles. It is going to take us a decade to dig out from what he's done."

SB256 is already a disaster, and not just because it was hurriedly pushed through the state legislature without regard to existing protections in the state constitution. But because nobody really knows how to implement it. How can unions be recertified after they've become decertified? What happens to existing union contracts?

Templin spoke to us today from the capital building in Tallahassee as a measure to try and fix some of SB256's most egregious disasters may come to the floor, and he is hoping to see amendments added to correct some of the law's most unworkable elements.

"This has been a time of great chaos," Templin laments. "There's a whole bunch of other bureaucratic hurdles that have been established to make it impossible for public sector unions to exist. They did this 'death by a thousand paper cuts' because the constitution doesn't allow them" to simply end collective bargaining for public sector workers as then Gov. Walker did in Wisconsin over a decade ago.

Templin has much more to say about all of this today, on the legal challenges to the measure, and how voters can help to turn things around in the state after years of rightwing autocracy, especially under DeSantis.

For some of the horrifying details on the ongoing effects of SB256 across the state, as it has fully taken effect as of the first of the year, be sure to check out investigative journalist Daniel Rivero's excellent and exhaustive recent article at South Florida's public radio outlet, WLRN.

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Yesterday was a very good day for democracy in Wisconsin. On today's BradCast, we take a few minutes to celebrate. [Audio link to full show follows this summary.]

We have been covering the GOP's autocratic takeover of the state following the 2010 elections for some 13 years at this point. After the 2010 Census, state Republicans implemented one of the most extreme gerrymanders in the nation at both the legislative (state Senate and Assembly) level as well as for their U.S. House districts.

The gerrymanders were so extreme that, despite Democrats winning 14 of the past 17 statewide elections in the Badger State, Republicans have maintained super-majority or near super-majority control of both chambers of the Legislature for more than a decade. Meanwhile, WI's 8-seat U.S. House delegation includes just 2 Democrats in the very closely divided Presidential battleground state.

With no fear of losing their legislative majorities, Republicans ran wild. They stripped labor unions of their right to collective bargaining, loosened gun safety laws, suppressed voters, etc. over the past decade. But, as of last year, everything finally began to change when voters finally won back a progressive majority on the state Supreme Court. The day after the liberals 4 to 3 majority was seated, voters filed a challenge to the Constitutionality of the state's legislative gerrymanders and they won. The Court ordered that new maps must be drawn up in time for the 2024 elections.

On Monday, after declaring, "Folks, it's a new day in Wisconsin, and today is a beautiful day for democracy," the state's Democratic Governor Tony Evers signed legislation adopted by the gerrymandered Assembly and House last week, approving new fairer legislative maps that Evers' office itself had drawn up for the state. Those maps will now take effect for this year's elections and democracy may, at long last, be at least partially restored to the Badger State.

We're joined today by our old friend, longtime Wisconsin native and progressive journalist and author, JOHN NICHOLS of The Nation, to discuss all of this very good news --- not for Democrats, per se, but for voters and democracy itself.

"The Republicans tried everything" to prevent this from happening, he tells me. "They threatened to impeach one of the Supreme Court justices. They tried all sorts of stunts." But, on the verge of the high court handing down its own maps, which would arguably have been worse for Republicans, "the very wily Speaker of the State Assembly, Robin Vos, decided he had no options, so he passed the Governor's maps."

Those maps, notes Nichols, are "not a particularly good set of maps for Democrats. In fact, Democrats have a little hill to climb in order to win." He explains, however, that "if it's a good year for the Republicans, it's very likely the Republicans are going to control the legislature. If it's a good year for the Democrats, there's a decent chance that Democrats will control the legislature." That, of course, is how representative democracy is supposed to work, after all.

As Evers declared before signing the measure on Monday: "When I promised I wanted fair maps --- not maps that are better for one party or another, including my own --- I damn well meant it." He added, "Wisconsin is not a red state or a blue state --- we’re a purple state, and I believe our maps should reflect that basic fact."

Interestingly enough, Democrats in the Legislature voted against the Democratic Governor's maps...before celebrating their adoption. We discuss why. But, Nichols also notes this bottom line: "If the Democrats take both chambers of the legislature" this year with the Democratic Evers in the Governor's mansion, "they will be able to, in a matter of weeks, reverse" more than a decade of GOP power grabs and union stripping, not to mention the state's 1849 anti-abortion law and much more. "Every disappointment that Democrats have had over the last twelve, thirteen years could be undone," Nichols argues, and almost as quickly as Republicans implemented their regressive policies (even while they had to bulldoze the rule of law to do so.)

"Look to Michigan," advises Nichols. "Because Wisconsin is still in process. Wisconsin is still struggling to get there. Michigan got there. They got independent redistricting which drew fair maps after the 2018 election. In 2022 they had fair maps, finally, after a long process. They elected a Democratic state assembly [and] a Democratic state senate. On Tuesday, the laws officially went on the books eliminating their anti-labor 'right-to-work' law, expanding collective bargaining rights for teachers and graduate students, restoring all sorts of wage protections for construction workers. Michigan has now gone --- just a couple of years ago --- from being one of the more anti-labor states in the northern part of the country to having probably the best, or very close to the best, labor laws in the country. That's what you get when you don't give up. You get to actually transform it."

We also discuss who gets credit for this long-fought win in WI, from the state's indefatigable Democratic Party Chair Ben Wikler who declared on Monday that "the long, dark night of ultra-partisan gerrymandering is over, and a new day for democracy now dawns in the Badger State," to the progressive grassroots activists who, says Nichols, deserve "the most credit."

And the lesson for other states to take from Wisconsin, as litigation continues in more than a dozen of them over both legislative and the U.S. House districts (including in WI, where that gerrymander could also soon be ended by the state Supreme Court): "Don't give up," urges Nichols, echoing the words, by the way, of the late Russian dissident Alexei Navalny.

ALSO TODAY:

• The U.S. Supreme Court rejects an appeal from Trump attorneys Sidney Powell and six others, of the $150,000 in legal sanctions they were forced by a judge to pay for abusing the court system in Detroit via Powell's sham, post-2020 "Kraken" lawsuit, challenging the results of MI's election that year.

• A bedtime story to help you understand the propaganda now coming from Trump supporters claiming there were "no victims" in the New York civil lawsuit against Trump and his company and two eldest sons for inflating the value of their assets to the tune of more than $2 billion each year over the past 11, to receive better rates on bank loans and lower taxes. Last Friday, NY Superior Court Judge Arthur Engoron ruled [PDF] Trump and his eldest sons must pay nearly $400 million in penalties for their decades-long fraud.

• And finally, Desi Doyen joins us for our latest Green News Report, to bunk our high over all of today's good news (as usual!) with some chilling reports on Florida's disappearing coral reefs; the plastics industry's 50-year recycling scam, and nearly half of the world's migratory species now in decline thanks to climate change, according to a new U.N. report...

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A tranche of newly unearthed documents offer a clearer understanding of Team Trump's failed attempt to steal the 2020 election on today's BradCast, in which we also cover yet another better-than-expected Special Election Day for Democrats on Tuesday. [Audio link to full show follows this summary.]

First, some of the breaking headlines on today's horrific mass shooting at the end of the victory rally for Superbowl champs, the Kansas City Chiefs. Not much is known as of airtime, beyond one dead, more than 15 injured and two (now three) said to be in custody, according to Missouri state officials.

Then, the House GOP, on behalf of the disgraced, twice-impeached former President was finally successful on Tuesday in passing Articles of Revenge Impeachment against Homeland Security Secretary Alejandro Mayorkas. The do-over vote follows their embarrassingly botched effort at same last week. This week, they were able to pass the Articles by one single vote, 214-213, against three Republican defectors and a unified Democratic caucus for "charges" that are not even close to the "High Crimes and Misdemeanors" mandated by the Constitution. Both Articles are expected to die, one way or another, over in the Senate, where even Republicans have shown little interest in the charade.

GOP House Speaker Mike Johnson had to get those Articles passed yesterday, however, given what New York voters did on Tuesday, when the seat in the state's 3rd Congressional District, formerly held by disgraced, expelled and indicted con-artist, Rep. George Santos, was flipped from "red" to "blue" by former Democratic Rep. Tom Suozzi. He easily defeated Republican Mazi Pilip by almost 8 points in Tuesday's hotly-contested Special Election, according to the latest reported numbers. That was almost twice the margin predicted by even the most optimistic pre-election polls. The Dem victory in New York (and another in Pennsylvania on Tuesday night --- by 36 points!), again underscores the dearth of issues that Donald Trump's dysfunctional Republican Party has to run on or offer voters this year. Had House Repubs waited just one more day to vote on Articles of Impeachment, they would have lost again.

More apparent good news for voters and Democrats this week in Wisconsin, as the Republicans who control the wildly gerrymandered state Senate and Assembly have passed legislation to adopt new legislative district maps in advance of the 2024 elections, as ordered by the state's Supreme Court. The new maps are ones created by Democratic Governor Tony Evers. And though they don't promise a Dem majority for this year's elections, they do appear to be much fairer for voters. For more than a decade the GOP's gerrymandered maps resulted in nearly twice as many Rs as Ds in the state legislature in the otherwise very closely divided state. State Republicans approved Evers maps because they fear if the High Court selects a map it will be even worse for them. Evers has suggested he plans to sign the legislation.

Meanwhile, as Democrats continue to out-perform in 2024 elections, Republicans are busy in court defending their criminal efforts to steal 2020. A fake elector in Michigan on Wednesday testified that he was lied to by party officials that state legislators could select the phony Trump slate of electors over those for Biden, who state voters actually chose. This particular fake elector has decided to cooperate with prosecutors while 15 others are now facing serious jail time for their alleged conspiracy to forge phony Elector certificates.

And this week, we've got new news from the man who invented the fake electors scheme in the first place. A massive trove of emails, text messages and other documents have been turned over to Michigan prosecutors by former Team Trump attorney Kenneth Chesebro and obtained by our guest today, investigative journalist JOSH KOVENSKY of Talking Points Memo. He has been detailing the documents in a new multi-part series this week at TPM which explores the attempted coup, hoped-for chaos, and the plan to pressure friendly members of SCOTUS.

Chesebro first dreamt up the fake elector plot for his own home state of Wisconsin in 2020, before he was asked by Team Trump attorneys, such as the disgraced John Eastman and Boris Ephstyn, to apply the same scam for phony electors in about seven swing-states following Trump's loss in November. They would be instrumental to the Trump team's failed legal efforts to steal the election.

The Chesebro documents shed new light on the failed "legal coup" which, as Kovensky reports, was not meant to be a one-day insurrection on January 6th, 2021, but to result in enough legislative chaos and trumped-up "questions" about the veracity of certified election results to force the U.S. Supreme Court to eventually settle the election themselves, ala Bush v. Gore twenty years earlier.

"What they really wanted was a stalemate in Congress" on January 6th, Kovensky explains. "And in that time, they would have used that stalemate to draw the country's attention to Congress, and then use that attention to put forth the campaign's completely nonsensical theories of voter fraud. That was the idea."

"If you talk to people who were around this, they'll say, 'Yeah, the invasion of the Capitol on January 6th destroyed that plan. Because it did draw attention to Congress, but there were no members of Congress there to make the case that there was voter fraud in the election," he tells me.

"The way the legal coup was meant to proceed was by halting the count," as detailed in the new docs obtained and reported out by Kovensky. "That's the key similarity between what the rioters on Jan. 6 ended up achieving by violent means and what the lawyers were trying to achieve just by procedural means. Which was that the count would have been stopped, [but] it would have been stopped indefinitely until potentially the Supreme Court stepped in to act and appoint Trump the winner."

So how did Chesebro --- who, until now, has not appeared, at least, to be a hard-right partisan ideologue along the lines of Eastman and Ephsteyn --- find his way into the vortex of Team Trump and the "legal coup" they were hoping to pull off? What is he hoping to accomplish by turning over these documents to prosecutors in MI and elsewhere since pleading guilty to one felony charge with no jail time in Georgia last year in exchange for testifying against his fellow conspirators? Will Trump be able to use Chesebro's documents and testimony to help himself in his own trials regarding his attempt to steal the 2020 election?

All of those questions and many more asked and answered about "The Cheese" and his documents on today's BradCast...

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If, by now, you don't realize that Republicans are attacking both democracy and the rule of law itself in this country, I don't know what world you live in. But on today's BradCast we've got two fresh --- and disturbing --- examples/warnings. [Audio link to full show follows this summary.]

FIRST UP today: Did the far-right, pro-Trump propaganda outlet called One America News (OAN) obtain passwords for employees of voting system vendor Smartmatic and then share them with Trump attorney Sidney Powell after the 2020 election? That appears to be what Smartmatic is charging in recently filed court documents, according to CNN, as part of its billion dollar defamation lawsuit against the fake Trump TV "news" outlet.

OAN was just one of many such rightwing outlets that echoed and forwarded Team Trump's false claims of election fraud in 2020. OAN was particularly aggressive in their evidence-free mission to hoax viewers into believing that systems made by Smartmatic and Dominion, another voting system vendor, flipped votes to help Joe Biden that year. The claims against Smartmatic were particularly absurd, given that the company has just one contract in the U.S. for voting systems. That is here in Los Angeles County, were Biden reportedly defeated Trump in 2020 by nearly 2 million votes.

As explained today, however, the reason that the pretend "election integrity" advocates who emerged on the right following 2020, only to offer evidence-free claims and falsely tie Smartmatic to Dominion (and Venezuela's dead former President Hugo Chavez), is likely thanks in no small part to some exclusive reporting we did on the two companies here at The BRAD BLOG, circa 2008 to 2010, which was cited and bastardized by Powell and others on the right after 2020. You're welcome!

NEXT UP: A new legal chapter in a story that deserves much more coverage than it has received to date. In one respect, it's not surprising that it hasn't received much coverage, given that it is based on an absurd legal premise --- one already rejected by the U.S. Supreme Court --- that few thought would ever advance beyond the Trump-appointed U.S. District Court judge who initially gave it credence in a redistricting lawsuit filed by the ACLU on behalf of the NAACP against the state of Arkansas in 2022.

In short, the case was dismissed [PDF] before reaching the merits by U.S. District Judge Lee Rudofsky on the novel grounds that neither voters nor private organizations like the NAACP have the right to sue to enforce Section 2 of the Voting Rights Act. Only the U.S. Attorney General may do so, according to the Rudofsky. That news must have come as a great surprise to the hundreds of private plaintiffs who have successfully hundreds of such cases since adoption of the landmark Act in 1965. It also may come as a surprise to the U.S. Supreme Court which, as recently as last June, ruled in favor of private litigants in a redistricting lawsuit against the state of Alabama. Congress is likely shocked as well, given they have reviewed, rewritten and reauthorized the VRA several times since 1965, without ever noticing there was no private right of action to enforce the law.

While the initial ruling was ridiculous enough, a split decision by a three-judge panel on the 8th U.S. Circuit Court of Appeals in November, incredibly, allowed the lower court ruling to stand. But it got even more absurd this week, when, on Tuesday, the full en banc 8th Circuit Court of Appeals voted 7 to 3 deny a rehearing of the matter, upholding the original lower court's radical, unprecedented ruling. The ACLU described the ruling as "appalling and unjustified," after "More than 400 Section 2 cases have been litigated in federal court in the past four decades to protect the voting rights of racial and language minorities. Private plaintiffs have brought the vast majority of them."

The 8th Circuit, comprised of 10 Republican appointees and one appointed by a Democrat, is not even considered the most radical in the nation. That would be the 5th Circuit Court of Appeals which has recently rejected the notion --- along with SCOTUS --- that there is no right to private action for voters to sue under Section 2.

We're joined today by CHRIS GEIDNER, longtime legal journalist at Law Dork, to explain this gob-smacking series of rulings and what they mean moving forward, as the matter almost certainly will head to the U.S. Supreme Court. For now, the ruling is the law of the land "only" in the seven states that comprise the 8th Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota). That could change, however, once the notoriously anti-VRA High Court gets a crack at this case.

Geidner decries the "out-of-control" appeals courts which seem to no longer believe it is necessary to follow long-standing precedent, if it regards laws that they don't like. "And then things go up to the Supreme Court," he charges, "and it's almost a win-win for the conservatives on the Supreme Court because if they reverse one or two of every three ridiculous decisions, they are able to set themselves up as a 'moderating' force that pulls back the extremes, while they are still letting one of every three extreme rulings go through."

"One of the underlying bases for a legal system is stability," Geidner tells me today. "When you have a legal system that is in such upheaval that lower courts have been told from the Supreme Court that 'No precedent is too sacred. We will overturn any precedent if we decide it should be overturned,'" that leads appellate courts to think that "if there's a chance that their opinion can lead to a revisiting of a precedent that they think is wrong, why wouldn't they go for it?"

"The answer," he notes, "is the rule of law, and they shouldn't. That's up to the Supreme Court, and until the Supreme Court does it, they need to follow precedent. But that's not the world in which we are living."

We also get some thoughts today from Geidner on the curious, now nearly month-long delay by a three-judge panel on the U.S. District Court of Appeals in D.C. to issue their ruling in response to Donald Trump's ridiculous claim that he is immune from criminal prosecution for any actions he performed while serving as President. A ruling was expected by many to have been issued by now. The case was heard on an emergency basis, as Trump's scheduled March 4 federal trial for attempting to steal the 2020 election is currently on pause in the bargain. But, Geidner notes that "the fact that we are quickly approaching a month" since the case was heard by what appeared to be three skeptical jurists, it is now beginning to look like "a dereliction of duty" and "a failure on the D.C. Circuit's part."

Stay tuned...

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As noted on today's BradCast, CBS News' legendary radio and TV broadcaster Charles Osgood has passed away at age 91. Other than that, we've got some arguably much brighter news throughout the bulk of today's program. [Audio link to full show follows this summary.]

Among the many stories covered today...

• Last night, just after midnight, Nikki Haley won every single vote cast in Dixville Notch, New Hampshire, the first town in the state to vote in the state's first-in-the-nation Primary on Tuesday. They had a 100% turnout. Haley won all 6 votes. Donald Trump won 0. We discuss why that matters (and doesn't). Voters across the entire state are voting today on hand-marked paper ballots. In Dixville Notch --- and about 40% of towns in the state --- ballots are publicly hand-counted by human beings after polls close. The rest of the towns, the larger ones in general, are tallied by 15 or 20-year old computerized optical scanners. Though, due to a write-in campaign for Joe Biden in the state, where there is no officially sanctioned Democratic primary, most of those towns will be hand-counting a lot of ballots as well. We'll have full reported results out of NH --- and why they matter (or don't) --- on tomorrow's show, of course.

• For years, Republicans have been citing evidence of miscounted votes in Prince William County, Virginia as evidence of massive fraud in the 2020 Presidential race. The state's Republican A.G., after taking office in 2022, even filed criminal charges against the County's Registrar. Recently, however, the charges were unceremoniously dropped. And now we learn that, due to largely understandable tabulation errors, Joe Biden should have received 1,648 more votes than he was credited for, and that Donald Trump was given 2,327 votes that he shouldn't have, in a county that Biden won by more than 60,000 votes --- in a state where the Democrat won the Presidential race by some 450,000 votes. Races for U.S. Senate and U.S. House were also affected by the counting errors, though none of errors would reportedly have changed the results of any contest. We explain the whole mess.

• We've got quite a bit of good news for you today when it comes to redistricting and rolling back GOP racial and partisan gerrymanders! In North Dakota, a federal judge has ordered new state legislative map after Republicans, following the 2020 Census, cracked two Native American reservations into different districts in order to flip both state House and Senate seats from D to R. It worked in 2022. But now, the judge has ordered not only new maps, but also new elections this fall in the districts found to have been in violation of the Voting Rights Act.

• Louisiana's new Republican Governor approved a new U.S. House map for the state this week, after the GOP state legislature finally adopted it last week, following a federal court order to draw an additional majority-Black voting district in the state. The Republican-controlled legislature previously had just 1 such district out of its 6 Congressional seats, despite African-Americans accounting for nearly a third of the statewide population. GOP lawmakers only agreed to do so after many appeals, and after realizing that if they didn't draw up their own maps, the court would do it for them. The new map will likely result in an additional Democratic member of Congress from the Bayou State next year.

• And, in Wisconsin last week, voters filed a motion with the state's newly liberal-leaning Supreme Court seeking a new U.S. House map in time for the 2024 elections. Last month, the state's high court agreed with petitioners that the state GOP's state legislative maps for the Assembly and Senate, in place for more than a decade, were unlawful gerrymanders in violation of state Constitutional requirements. The new motion filed last week asks the same Supreme Court to order a new U.S. House map as well, on the same basis that the Justices determined the state legislative districts were unconstitutional. Petitioners argue that the unconstitutional and politically gerrymandered map resulted in Republicans winning 75% of the state’s Congressional seats despite winning just 50% of the statewide vote in the 2022 election. That year, the closely divided, if Dem-leaning Presidential battleground state also re-elected its Democratic Governor in the same statewide election.

• Finally today, San Diego was deluged on Monday with a year's worth of rain in a matter of three hours, overwhelming infrastructure in the usually mild Southern California city. But, as discussed in our latest Green News Report today with Desi Doyen, it was just one of dozens of cities across the U.S. in recent weeks where infrastructure has been hammered by climate change-fueled extreme Winter weather. Nearly 100 have been killed in the recent storms in a number of states as of airtime. That, as Big Oil gears up a multi-million ad blitz to hoax Americans into supporting fossil fuel friendly candidates in 2024, as the unstoppable transition to clean, renewable energy is finally underway...

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2024 begins with long-overdue good news for the voters of Wisconsin.

Three days before Christmas, by way of a 4-3 decision, the Wisconsin Supreme Court overturned the most recent of two GOP drawn state legislative maps. The two maps were the product of partisan gerrymandering that was so extreme that it permitted the Republican Party to maintain supermajority (2/3) or near supermajority control of both chambers of the Badger State Legislature over the past 12 years --- even when Democrats received as much as 53% of the statewide vote.

The detailed procedures for drawing up new maps in time for the state's 2024 primary elections are set forth in the Court's Post Decision Order, maximizing, at long last, the prospect of a state Legislature whose members will be politically accountable to the will of a majority of the Wisconsin electorate.

If timely developed and approved, the new 2024 maps will permit a majority of WI voters to put an end to a decade-long GOP gerrymandered entrenchment in the state Assembly, though a majority of voters will not be empowered to fully eradicate GOP entrenchment in the WI Senate until 2026. Because it would have been tantamount to overturning the results of the 2022 election, the Court denied the petitioners' request that it compel those Senators, whose terms would not otherwise expire until 2027, to run for reelection in 2024...

Tonight's breaking news about the disgraced former President and insurrectionist being barred from the 2024 ballot in Colorado under the U.S. Constitution's "Insurrectionist Disqualification Clause" came just minutes before we were finishing up today's BradCast --- our last one of the year! But I suspect we'll have plenty to discuss when we return in 2024. [Audio link to full show follows this summary.]

Among the stories we did have time to cover in full on today's program...

• We open with a homerun public comment from a young man at a meeting of the Sarasota County, Florida School Board last week, calling for the resignation of Board Member and co-founder of Moms for Liberty, Bridget Ziegler. That, following the rape allegations against her husband, Christian Ziegler, Chair of the Florida Republican Party, by a woman who says she was involved in a threesome relationship with Christian and Bridget, a supposed "conservative" who rocketed to rightwing national fame as her Moms for Liberty group worked with FL Gov. Ron DeSantis to adopt the state's "Don't Say Gay Law" and to ban books from schools on LGBTQ-related issues. That, even as Bridget was allegedly involved in a sexual affair with another woman. But the guy's comment at the Sarasota School Board --- from which Bridget is still refusing to resign --- was killer.

• Good news at the end of the year for voting rights out of --- of all places --- the very far-right 5th U.S. Circuit Court of Appeals, in two different opinions issued on Friday, in fact. In one, the full court allowed a lower court ruling to stand mandating a new U.S. House map for Louisiana before 2024, after finding that the current map was an unlawful racial gerrymander by state Republicans under Section 2 of the Voting Rights Act. The other decision by the 5th Circuit allows a Texas voter suppression law --- which bans online voter registration, in a state with the lowest voter turnout in 2020 --- to stand. That's not good. But both decisions re-affirmed that voters and private organizations do have a legal right to sue to block racist voter suppression laws under Section 2 of the Voting Rights Act. Those affirmations come after the 8th Circuit Court of Appeals ruled just last month, for the first time since the creation of the Voting Rights Act in 1965, that only the U.S. Attorney General can sue to enforce Section 2 of the VRA. If allowed to stand at SCOTUS, the 8th Circuit's ruling would be an extraordinary blow to the landmark Act. So the 5th Circuit's rejection of those arguments, filed in both cases by Republicans, is a very encouraging sign.

• On Monday, Texas' authoritarian Governor Greg Abbott signed a new state law allowing state police to arrest --- and local judges to deport --- anyone suspected of being an undocumented immigrant. On Tuesday, civil rights groups sued to block the almost certainly unconstitutional new law. At least it used to be unconstitutional, back when SCOTUS overturned a similar "Papers, please!" law out of Arizona in 2012. But that was before there was a packed, stolen and corrupted 6 to 3 Republican majority on the High Court.

• Very bad news for both Donald Trump and Mark Meadows out of the also very conservative 11th U.S. Circuit Court of Appeals on Monday, as a three-judge panel rejected Meadows' attempt to remove his Georgia state criminal indictment related to 2020 election interference from state to federal court. As Law Professor Lee Kovarksy of the University of Texas explained last night, the ruling, written by the court's Chief Judge and very close Clarence Thomas ally, is very bad news for appeals of the "immunity" defenses filed by both Trump and Meadows in several different cases where they are attempting to use that legal gambit to skirt accountability.

• We received a lot of email following yesterday's lively call-in show, in which I asked folks who'd voted for Joe Biden in 2020, but who were planning on not doing so again in 2024, to call in and tell me why. Today we share a few of those notes in response.

• But, for something for nervous pro-democracy Americans to consider over the holidays until we return after the new year, we share a recent column from University of Illinois' Political Science Professor Nicholas Grossman, explaining why folks should not (yet) be freaked out about polls showing Trump defeating Biden next year, and why "pro-democracy Americans [should] approach the 2024 election with enthusiasm, not only dread."

• Finally, Desi Doyen joins us for our final Green News Report of the year! She includes a boatload of details on why, though we may be done with 2023, 2023 ain't yet done with us yet! But she also has some encouraging news on how long-overdue actions to tackle our climate crisis by the Biden Administration are finally beginning to take root as we move into the new year...

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If, like me, you're old enough to get the joke in today's headline, congratulations on still being alive! (If you don't remember it, here's a reminder.) But, no, we didn't forget Poland on today's chocked-with-a-surprising-amount-of-not-awful-news BradCast!

Among our stories covered today....

• Who knew that holding a U.N. conference (COP28) on our climate catastrophe in a petrostate like the United Arab Emirates might end without an agreement --- or with a bad one --- from all 200 participating nations for the first time in the annual summit's 28 year history? Well, it ain't over until it's over, with nations now officially in "overtime" at the Conference, which was otherwise set to end last night. Will they dare mention the phrase "fossil fuels" in whatever final statement they finally unanimously agree to make? Stay tuned!

• In what is being described as a "political earthquake", after eight years under the heavy hand of a far-right anti-immigrant, anti-media, anti-woman authoritarian party's Prime Minister and President, Poland --- with a front-row seat over the past two years to Russia's autocratic invasion of Ukraine --- elected a centrist, pro-EU Prime Minister on Monday! That is good news on a whole bunch of fronts. It became official today when Donald Tusk received a vote of confidence from parliament after a brief delay when a right-wing lawmaker used a fire-extinguisher to douse candles in a Hanukkah menorah in parliament. "This is a wonderful day," said Tusk to the Polish people on Monday night. "Not for me, but for all those who have deeply believed over these years that things will get even better, that we will chase away the darkness, that we will chase away evil. From tomorrow, we will be able to right the wrongs so that everyone, without exception, can feel at home." The news is a welcome counter-point to the recent rise of right-wing authoritarianism in nations from Argentina to The Netherlands. And, hopefully, its a good omen for 2024 in the U.S.

• On the other hand, Ukrainian President Volodymyr Zelenskyy had to fly all the way to the U.S. on Tuesday to, essentially, beg far-right Congressional Republicans --- who have apparently lost the plot of democracy --- to continue supporting Ukraine's efforts to hold off the imperialist invasion of his country by fascist Russian dictator Vladimir Putin.

• Speaking of Congress and democracy, very good news out of New York's high court today, which ordered a new U.S. House map for next year's 2024 Congressional elections, after the map used in 2022 resulted in a bunch of seats flipping from D to R in newly drawn districts after state Dems kinda screwed up the whole process. We explain.

• And in more potentially good news for 2024, inflation continues to fall faster than expected, as the U.S. economy continues to show surprising resilience and little sign of the recession that many had feared when Donald Trump's Federal Reserve Chairman, Jerome Powell, began raising interest rates last year to combat inflation. Inflation is almost back to normal at 3.1% over last year; gasoline is down 11% over the past two months; employers are still hiring and unemployment remains at a near record-low rate of 3.7%. But, some prices are still high at grocery stores, as is rent and the cost of a home mortgage. Economists are watching Powell closely for a read as to when the Fed may deign to finally lower interest rates next year.

• No sooner had we gotten off air yesterday, than the U.S. Supreme Court announced it would consider an expedited petition filed on Monday by Special Counsel Jack Smith to hear Donald Trump's appeal on Presidential Immunity in his January 6 federal indictment. It doesn't necessarily mean SCOTUS will hear the full case. But it means they will consider doing so. Smith had filed the petition for cert just hours earlier, leapfrogging the D.C. Circuit Court of Appeals in hopes of keeping next year's scheduled March 4th trial date for Trump on track. All of which, at least for now, is encouraging news to suggest that SCOTUS may both do the right thing and do so with the alacrity that would allow the American people a verdict in the case against Trump in advance of next year's Presidential election.

• The defamation damages trial against dirtbag former NYC Mayor and Trump attorney Rudy Giuliani --- in which he's already been found guilty of defamation --- continued into its second day on Tuesday. But not before his attorney admitted in Court on Monday (as the federal judge has already found), that Rudy's horrendous claims about two Georgia election workers in 2020 committing fraud for Joe Biden were false. And not before Giuliani then stepped out of the courtroom on Monday and repeated the same baseless claims yet again on the courthouse stairs. Today, U.S. District Court Judge Beryl Howell scolded both Rudy and his attorney, noting that Giuliani's remarks on Monday night "could support another defamation claim" by mother and daughter plaintiffs Ruby Freeman and Shaye Moss. The pair are currently seeking damages in the amount of $15.5 to $43 million in their civil lawsuit. And they will deserve every penny they receive.

• Speaking of dirtbags, following the news last week that Wisconsin's 10 fake Trump electors had settled a civil lawsuit against them, the state's U.S. Senator Ron Johnson --- already on record as having encouraged state lawmakers to steal the Badger State's 2020 election for Trump --- described the settlement as a "travesty of justice." He insisted that Democrats had done the very same thing "repeatedly" and "in multiple states" in the past. Nonetheless, he couldn't name any state where Democrats had secretly created false slates of electors in hopes of stealing an election when pressed by CNN's Kaitlan Collins. (If Johnson was referring to what happened in Hawaii in 1960, he is wrong about that as well.)

• Finally, Desi Doyen joins us for our latest Green News Report, with both the good and bad, so far, out of the COP28 Climate Conference in Dubai, and some very good news indeed from President Biden regarding the nation's largest ever investment in high speed rail and U.S. passenger rail service.

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