As it turns out, it wasn't an attack from highly skilled opposition mercenary warriors trained in the art of espionage, deception and surprise attacks that took down the Cyber Ninjas. It was their own incompetence, dishonesty and hopes of escaping huge court fines for failing to follow the rule of law that appears to have done them in. Or, perhaps they're just in hiding, ready to pounce again when they are least expected! [Audio link to full show is posted at bottom of this summary.]

First up on today's BradCast, however, before we get to the "death" of the Ninjas and their ongoing clown show, President Biden and Vice President Harris traveled to Atlanta on Tuesday to call for U.S. Senate filibuster reform in order to pass voting rights and election protection legislation with a simple majority. That, in hopes of countering voter suppression and election subversion measures being adopted by GOP controlled states across the nation.

All 50 Senators who caucus with the Democrats (plus Vice President Harris) are on record in support of the critical Freedom to Vote Act and John Lewis Voting Rights Advancement Act. But in the U.S. Senate, while that simple majority vote may be enough to cut taxes or allow drilling and mining on previously protected federal lands or seat Supreme Court Justices for life, it's currently not enough votes to protect American democracy. Not with the Republican Party now fully in opposition to both voting rights and democracy while Senate rules require a 60-vote super-majority to pass both pieces of legislation.

As Biden pointed out in his remarks today --- for the first time, offering a full-throated call to reform the Senate rules --- the united GOP opposition to voting rights is fairly new. Until recently, even Republicans voted in support of expanding and protecting voting rights at the federal level --- at least enough of them to overcome a Senate filibuster. But not anymore. At the same time, obstructionist Democrats Joe Manchin (WV) and Kyrsten Sinema (AZ) have refused to allow the majority to create a carve-out to the filibuster --- akin to hundreds of others in the Senate --- to adopt the legislation that both of them claim to support.

This week, Manchin even went so far as to describe the filibuster to reporters as a critical Senate tradition that has been in place "for 232 years." In fact, the filibuster as we now know it has been in place since 1975, as historian Max Kennerly explained on a Twitter thread in response to Manchin. "232 years ago, in 1790, a simple majority could end any debate," he notes. And Adam Jentleson, Harry Reid's former Chief of Staff who wrote a book on the filibuster, went so far as to alert Manchin to how much the Constitution's framers virulently opposed a super-majority requirement for anything at all, quoting both "father of the Constitution" James Madison and Alexander Hamilton from The Federalist Papers. (Which is why there is no such requirement in the Constitution.)

"Sadly, the United States Senate — designed to be the world's greatest deliberative body — has been rendered a shell of its former self," Biden, a former six-term Senator, declared in his impassioned remarks on Tuesday, describing the filibuster as having been "weaponized and abused."

Whether the Biden/Harris calls in Atlanta for reform will have any effect on the clueless Manchin and the similarly disinformed or dishonest Sinema remains to be seen. Senate Majority Leader Chuck Schumer continues to insist that "failure is not an option", vowing a series of votes on the matter between now and Monday's Martin Luther King Day holiday.

Meanwhile, the GOP fight against election integrity may have hit a few embarrassing snags after their infamously failed "post-election forensic audit" in Maricopa County (Phoenix), Arizona last year. As you already know, the state GOP Senate's taxpayer funded audit theater found no Chinese bamboo in the County's 2.1 million hand-marked paper ballots, but it did declare that Joe Biden defeated Donald Trump by even more votes than originally certified. And if you follow The BradCast, you also may know that real election audit experts discovered that even those numbers were apparently "made up out of whole cloth" by the Ninjas, whose actual count of the ballots (never mind the results on them) was off by tens of thousands.

The final report that the Ninjas and its CEO Doug Logan produced last year on behalf of the GOP State Senate, also included 77 claims of "possible" fraud in the County's reported tallies and other questions to raise alarms about the legitimacy of tens of thousands of "maybe" illegal votes.

As it turns out, however, according to a 93-page, point-by-point rebuttal [PDF] of each of those claims, released last week by the Republican-majority Maricopa County Board of Supervisors after months of investigation, 76 of the Ninjas' 77 claims were completely wrong.

For example, according to the Ninjas' final audit report, 5,295 voters "potentially voted in multiple counties" in Arizona. The county found, however, that, in reality, just 5 voters may have done so. (They've forwarded their findings to the state AG). The Arizona Republic's Jen Fifield offers a helpful, detailed summary of most of the key rebuttals from the County, explaining how the Ninjas got it so embarrassingly wrong on virtually every "misleading, inaccurate and false" score.

The County's response to the Ninjas' pathetic report was mostly lost, however, amid the news the next day that the Cyber Ninjas were claiming to be no more. A spokesperson announced that they had shut their doors and all employees, including founder and CEO Logan, had been let go, following a contempt ruling from an Arizona Superior Court Judge. He found that failure by the Ninjas to turn over thousands of pages of public records documenting their "audit", its financing, and their communications with officials about it in two separate lawsuits violated the law. The plaintiffs sought a $1,000/day penalty until the documents were turned over. The judge informed the Ninjas they would be fined $50,000/day instead! They then declared they no longer existed, like a ninja disappearing into the night! Except they are really shitty ninjas.

The judge has stated that their claims at insolvency in an attempt to shut down to avoid the court fines was not going to work, threatening to apply the $50,000 daily fine to individuals with the company, like "former" CEO Logan. As it turns out, Logan formed a second company last year named Akolytos, using the same business and mailing addresses as the Cyber Ninjas. But his hopes of escaping the court fines through that second company may not work either, as journalist Kim Zetter details in her latest, excellent Zero Day newsletter. SAD!

Finally, as the Northeast grapples with a brutal cold snap today, Desi Doyen joins us for our latest Green News Report, detailing the record warmth of 2021, and the disturbing increase in emissions causing our climate emergency over the past year...

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On today's BradCast": Despite what you may hear from certain elements of the media, the differences between the two parties when it comes to democracy and voting rights could not be more stark. Democrats are currently trying (and still failing, so far) in Congress, to protect voting rights for all voters. Republicans, meanwhile, are undermining those most basic of American rights around the country, even while facing mounting legal problems for having been gullible enough to play along with Donald Trump's Big Lie effort to steal the 2020 election. [Audio link to full show is posted below this summary.]

But we've got a lot more than that on today's program. Among the many stories covered...

• More ballot initiative results from Tuesday's off-year elections, including out of Tucson, Arizona where voters, by a nearly 2 to 1 margin, approved a new minimum wage of $15/hour. The victory for some 85,000 workers in the state's Democratic stronghold comes just months after its Senior Senator, Kyrsten Sinema, infamously thumbs-downed her own parties efforts to raise the federal minimum wage nationally to $15/hour. Hoping she noticed what happened in Tucson on Tuesday, because we're betting the folks in Tucson noticed her thumbs-down.

• In New York state, all three election and voting rights reform propositions placed on the ballot by the Democratic legislature failed by wide margins. Republicans opposed all three and mounted an aggressive campaign to defeat them. Prop 1 involved redistricting reform. Prop 3 would have allowed same-day registration. Prop 4 would have allowed for no-excuse absentee voting in the Empire State. We discussed all three with two longtime NY election integrity advocates last week. Even though there was disagreement on several of measures, it's still a bit of a surprise that all three went down. That, even as Prop 2, a very progressive proposition on the same ballot establishing "the Right to clean air, water and a healthful environment" in the state's Constitution, did pass, by a more than 2 to 1 margin. Hmmm.

• On Wednesday, back in D.C., a Senate vote on whether to proceed to debate on the John Lewis Voting Rights Advancement Act --- which restores much of what the U.S. Supreme Court has gutted in recent years from the Voting Rights Act of 1965 --- was blocked by Republicans. All Democrats voted in favor (including Joe Manchin) and even one Republican for a change (Lisa Murkowski). But as with the similarly Manchin-approved Freedom to Vote Act two weeks ago, a majority vote was not enough to overcome yet another GOP filibuster in the U.S. Senate, requiring 60 votes to even move to debate. So now we seem to be getting to the point where both Manchin and Sinema may need to put up or shut up on reforming the filibuster to allow for passage of these bills to help save democracy itself. In the meantime, Sen. Amy Klobuchar (D-MN) and Majority Leader Chuck Schumer (D-NY) are vowing to "restore the Senate", whatever that may end up meaning, in order to push election and voting reform through. We'll see if that happens, because...

• ...As New York Times reports late today, the Democrats' big money donors are getting restless. They are whining that Joe Biden isn't giving them enough attention (good!) and that they are very unhappy about the party's seeming inability to adopt critical voting rights legislation. One major donor has gone so far as to vow to withhold any more money until election reform is passed. The pressure, even from wealthy donors, is welcome and could be helpful. Though what they believe President Biden is actually able to do if two intransigent Democratic Senators refuse to change Senate rules for passage is a separate question. Hopefully these donors also give to Manchin and Sinema and are cutting them off as well while they refuse to stand up and do the right thing for the country.

• On the other side of the political aisle, it's just nothing but ugly when it comes to democracy. Though some of our stories today may be worth popping some popcorn for. The Smartmatic voting tech company filed two new lawsuits on Wednesday against two "right-wing U.S. television networks," as Reuters properly describes them. One America News (OAN) and Newsmax are being sued for false claims made against the company, including that Smartmatic --- which doesn't have any election business in the U.S. at all other than a recent contract in Los Angeles County --- helped steal the election from Donald Trump in 2020. (And, yes, the fact that Smartmatic was brought into this at all is largely thanks to my series of exclusives from some years ago involving that company and its competitor Dominion Voting Systems, which Trump's dupes have happily misinterpreted and bastardized for their dumb corrupt purposes. You're welcome!) The two complaints are the latest billion dollar lawsuits filed by both Smartmatic and Dominion against the two right-wing networks, Fox "News", as well as Trump friends and attorneys like Rudy Giuliani, Sidney Powell and Pillow Guy Mike Lindell. We wish them all the worst of luck.

• Even wingnut Erick Erickson has had enough of the "Stop the Steal" falderal --- at least when he's drunk enough to say so after his party won a few elections on Tuesday night. His rant to his fellow Republicans includes stuff like this: "You idiots have spent a year peddling the fiction the 2020 election was stolen because you were so busy humping Trump's leg that you never really even tried to convince persuadable voters to vote. ... either admit the election wasn't stolen or STFU from here on out. ... And if you really have clung to the 2020 was stolen mythology that lets you sleep well at night as a professional victim, please unfriend me and unfollow me because your presence is needed in Neverland and not here in reality."

• And, back in Arizona, the GOP-controlled Senate appears to be threatening and/or turning on the Cyber Ninjas they hired for their pretend audit of Maricopa County's 2020 election earlier this year. Or, at least, they are play-acting as much for the benefit of a judge as the Senate is facing potential sanctions for failing to turn over public documents related to the phony audit which claims to have found that Joe Biden defeated Donald Trump by an even larger margin than originally certified in the state. But, as it turns out, even those numbers appear to have been "made up out of whole cloth" by the Ninjas, according to experts who looked a bit closer. This could get ugly. At least we hope so.

• Finally, Desi Doyen's got some seemingly good news for us coming out of the critical U.N. Climate Conference in Glasgow, Scotland in our latest Green News Report, along with results of a number of environment and climate related issues that were on the ballot across the country in Tuesday's off-year elections...

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Millions are voting around the country on Tuesday. Governors, Mayors, school boards and various initiatives are on the ballot (along with a couple of Special U.S. House elections) in a whole bunch of states in this year's off-year elections. Full results, such as we might have them, on tomorrow's BradCast. But for today, as voters vote (or try to), elected officials were making some pretty big and important and long-overdue deals today, from D.C. to Glasgow. [Audio link to full show is posted below this summary.]

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

• The extreme partisan gerrymandering in states controlled by Republicans continues apace, with Oklahoma the latest to propose cracking a major Dem stronghold into three pieces in order to squeeze out another GOP House member for the next decade in the already very "red" state. All of that made much easier in states that, prior to the 2020 Census, had to win approval for new maps from the federal Government under the Voting Rights Act. The GOP's stolen and packed U.S. Supreme Court majority has helpfully done away with that little annoyance in advance of 2022 and 2024.

• Thanks to lighter off-year election turnout and measures enacted before and during the pandemic to make early and remote access to the ballot box easier, we're not hearing about too many voting problems today so far...except for in New Jersey, where electronic pollbooks reportedly failed across the state for several hours when polls opened. Unclear if there were backup paper pollbooks available, but as one outlet reported: "When the Internet would go down, the machines would crash."

• For the second year in a row --- and the third time in history (the first time was in 2005) --- the National Weather Service has once again run through all of the names in the alphabet for named Atlantic storms. With the naming of Subtropical Storm Wanda over the weekend, we are turning to the supplemental name set, which is starting over from "A" this year. Unlike last year, they won't be using letters from the Greek alphabet which seems to have confused a whole bunch of us. But the increasing number of storms is the real worry, despite absurd, years-ago-debunked climate change denialist talking points still coming out from the fossil fuel-sponsored Republicans in Congress.

• With the critical U.N. Climate Summit (COP26) in Glasgow, Scotland now officially underway, President Biden officially apologized to the world for Donald Trump pulling the U.S. out of the Paris Climate agreement, during his four disastrous years as President. (The U.S. was the only country, out of about 200 across the world, to withdraw from the pact.) Now that we're back in, two fairly big agreements were struck in the conference's opening days. One to stop and reverse deforestation and another to cut climate warming methane emissions by 30% by 2030. The first was signed on to by more than 100 countries, including the U.S., UK, China, Russia and Brazil. The second did not yet win the support of China or Russia, but the others, including Brazil, seem to be in. The agreements are pretty big deals, as Desi Doyen explains today --- even if there is much more work that must be done at this two week summit.

• Speaking of big deals, apparently another big one was struck in the U.S. Senate between Kyrsten Sinema (AZ) and all of the other Democrats to lower prescription drug prices in Biden's Build Back Better bill. The details are still not fully known, but the agreement will allow "lower prescription drug prices for seniors and families," according to Senate Majority Leader Chuck Schumer. The seemingly interminable negotiations continue on the BBB, but that news from Sinema and some encouraging remarks today from the other Democratic obstructionist, Joe Manchin (WV) are hopeful signs today, as Mitch McConnell makes clear that he is rooting for Sinema and Manchin to gut the (currently) $1.75 trillion social safety net and climate change legislation.

• After anti-vax alarmists had warned for weeks that as many as 10,000 cops would be lost from the NYPD once Mayor Bill deBlasio's vaccine mandate kicked in on November 1, it turns out the number of uniformed police placed on unpaid leave was much smaller. As of Monday, the number was 34, or 0.15 percent of NYPD employees. Over the past week, NYPD's vaccination rate jump 15 points to 85 percent. As evidence from other states and industries reveals, mandates work.

• Finally, we're joined by Desi Doyen for our latest Green News Report as host UK's Prime Minister Boris Johnson opens COP26 with a dramatic flair; as the U.S. House calls Big Oil on the carpet for decades of climate lies; and as the corrupted U.S. Supreme Court agrees to review a case that could dismantle the EPA's authority to regulate dangerous greenhouse gas emissions...

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On today's BradCast: We appear (maybe, probably, hopefully?) one step closer to the end of the endless sausage making process in Congress to get Joe Biden's still-huge, still-transformative (at least for now) agenda through to final passage. At the same time, Big Oil was called on the carpet by Congressional Democrats in the Oversight Committee for their years of lies and deadly deceptions on climate change. [Audio link to full show is posted below this summary.]

I've seen a number of predictable, knee-jerk complaints today from some sectors of the Progressive Twittersphere that seem short-sighted, self-defeating and, frankly, both misinformed and stupid. The maddening problem for Democrats in getting Biden's agenda through Congress is not "Democrats". It's Joe Manchin and Kyrsten Sinema! Not to mention every single member of the Republican caucus in both chambers! Everyone else in the Democratic caucus --- in the House and Senate and White House --- was good to go weeks ago with the Build Back Better (BBB) bill when it still clocked in at $3.5 trillion.

Thanks to Manchin and Sinema, however, the measure, according to a new framework "agreement" [PDF] released by the White House today, now clocks in at about $1.75 trillion in spending and is fully paid for with increased taxes on the wealthy and other measures.

Much of the news on this front from the last several weeks has been devoted almost solely to what Manchin and Sinema have forced to be cut from the bill. That, as the two corrupt Democrats push for final passage of the smaller bipartisan infrastructure bill (BIF) that progressive Democrats have smartly refused to pass in the House, using it for leverage to ensure Manchinema don't get their (not-paid-for, deficit-increasing) infrastructure bill and then bail on the larger reconciliation spending package. That critical package still includes climate change action and broad expansion of the social safety net, from health care to education to elder care to child tax credits and much more.

With a continuous drumbeat of what Manchin and Sinema have succeeded in killing from the bill, the American people may have lost sight of a whole bunch of really excellent, very progressive stuff that is actually still in it. Today, after claiming an "agreement among Democrats" on a framework for the Build Back Better Act, (we'll see if there really is such an agreement), President Biden offered remarks at the White House to remind everyone of what is very much still in his critical and transformative legislation. We share his remarks in full today.

Whether the "deal" really represents an "agreement", and whether everything currently in the framework remains in the final BBB, and whether Manchin and Sinema agree to vote for it, and whether enough of the rest of the Democratic caucus will still support it after all is said and done, remains to be seen. But it's long past time to wrap it up and get both the BIF and the BBB working for the American people. As Biden said today: "Let's get this done."

Meanwhile, in the House Oversight Committee on Thursday, the CEOs of six Big Oil companies and their major lobbying groups were called on the carpet for their decades of deadly lies about global warming and their hundreds of millions of dollars spent deceiving the American people about it. Desi Doyen joins us for coverage of the key takeaways and testimony from the Big Oil liars and their GOP apologists and facilitators in the House.

Finally, it's our latest Green News Report in advance of next week's major U.N. climate summit in Glasgow, known as COP (Conference of Parties) 26, where Biden and a bevy of top Administration officials headed today after his speech. It's being touted as the most important such summit since the Paris Climate Accord was hammered out in 2015, with the U.N. warning that current commitments from the nations of the world to curb greenhouse gas emissions responsible for climate change are still not enough to avoid the worst impacts of our growing climate crisis. But, as usual, Desi also offers some encouraging news on that front as well...

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It's Election Day in America once again next Tuesday, whether you've noticed or not. In New York, democracy itself is on the ballot, even as longtime election and democracy champions (real ones, not the phony, post-2020 MAGA Mob fakers) differ on how to vote next week on three different democracy- and elections-related Constitutional amendments. On today's BradCast, we discuss all three proposed measures which will have far-reaching consequences for voters both in New York and across the nation. [Audio link to full show is posted below.]

But, very quickly at the top of today's show...As Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) continue to obstruct and, actually, shred the bulk of the far-reaching, long-overdue progressive social safety net and climate change agenda of Joe Biden and pretty much the entirety of the Democratic Congressional caucus, we offer a friendly reminder.

Dems insist on making their Build Back Better package fully paid for (unlike the deficit spending in the separate bipartisan roads and bridges infrastructure deal supported by Manchin, Sinema and a bunch of Republicans). But Sinema has nixed her own party's plan for a tiny tax increase on corporations and the wealthy, even though, in 2017, she voted against the $2 trillion Trump/GOP tax cuts for those same people.  One alternate "pay-for" mechanism now being proposed by Dems is a wealth tax on those worth more than a billion dollars or who made $100 million for three consecutive years in a row. On Wednesday, however, Manchin was suggesting such a tax might be too divisive for his tastes, by "targeting" certain people.

So, here's the reminder, courtesy of Americans for Tax Fairness and the Institute for Policy Studies Program on Inequality: There were 614 U.S. billionaires before the pandemic and 745 of them now. Billionaires have seen their wealth grow 70%(!) since the start of the pandemic, to more than $5 trillion. The money they made during the pandemic alone --- from March of 2020 through last month --- would fully cover the cost of Biden's entire 10-year spending plan in the Build Back Better Act, to offer a transformative expansion of healthcare, education, child care and take on climate change for every person in the nation, more than 330 million of us. Meanwhile, a White House analysis last month found that the wealthiest 400 families in the country paid an average federal income tax of 8.2%. (How much did you pay last year?)

Anyway, that's just a reminder as this madness continues. We'll likely discuss all of that more in the days ahead.

Meanwhile, voters --- at least some of them --- are heading to the polls for off-year elections on Tuesday. The neck-and-neck race for Governor in Virginia is receiving much of the attention, but we have our eyes elsewhere today --- on the great state of New York, one of the nation's, theoretically, most "liberal" states which has some of its most restrictive voting policies.

There are several important state constitutional measures on the ballot this year, with three of them having a direct effect on elections in the Empire State and even democracy across the nation.

• Prop 1 would make it easier for the majority party in Albany (currently Democrats) to approve new legislative and Congressional maps for redistricting following the 2020 Census. That, as Republicans pretend to be furious about the notion that it might allow partisan gerrymandering in the state (which we no longer oppose, for reasons explained again today --- at least until federal legislation bars it in all 50 states.)
• NY's Prop 3 would abolish the 10-day Constitutional deadline for voter registration before elections, paving the way for eventual election-day registration at the polls.
• And Prop 4 will remove restrictions on absentee voting in the state, where voters are currently required to attest to being out of town on Election Day or being too ill to go to the polls in order to vote by mail. The hope for proponents is that this will allow for no-excuse absentee voting in the future, as currently available in the majority of states.

While I suspect many believe that folks on the left side of the political aisle might favor all three propositions, that's not actually true, as discussed today with two of New York's longtime champions of election integrity. We walk through all three propositions with them to explain what each may or may not mean for voters and election integrity.

We're joined by DR. VIRGINA MARTIN, who served for 11 years, until 2020, as the Democratic Election Commissioner of the Columbia County, NY Board of Elections and ALLEGRA DENGLER, a longtime election security advocate with Citizens for Voting Integrity NY.

You may be shocked to learn that all three of us do not actually agree on how voters should vote on each of these measures. They each offer their own well-informed and nuanced opinions on the issues at stake in each ballot proposition. We hope this is helpful not only for NY voters, but for others around the nation, where similar issues are being addressed and debated at both the state and local levels, not to mention in proposed federal legislation.

Given Martin's decade-long personal experience as an election official, we also take a few minutes to discuss her thoughts on the ongoing nationwide assault and threats against election officials and poll workers in the wake of sore loser Donald Trump's evidence-free false claims of fraud in the 2020 Presidential election and the very real concerns (as opposed to the MAGA Mob's) when it comes to computerized voting and tabulation systems. Martin made a name for herself amongst election integrity advocates when, in 2010, she joined with her Republican counterpart on Columbia County's Board of Elections to carry out full, transparent hand-counts of hand-marked paper ballots in the county. That, after --- and despite of --- the state's mandate for optical-scan computerized tabulation systems in all of New York's 57 counties...

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As usual, we're looking both forward and back on today's BradCast...and not a whole lot of it looks fantastic in either direction. But their could be some accountability on the horizon, which always looks good to us. [Audio link to full show is below this summary.]

First up, some climate and "sausage making" news. New polling finds that a majority of Americans --- in both major parties --- now finally see our quickly worsening climate crisis as being of "high importance" to them. We break down the new survey and what it does and doesn't mean.

In related matters, as discussed on yesterday's program, there is still a chance that the U.S. could meet President Biden's pledge to cut greenhouse gas emissions that cause global warming in half by 2030 and reach net zero emissions by 2050, even after corrupt, coal-state Democratic Sen. Joe Manchin insisted on removing the key program for clean electricity from Biden's Build Back Better reconciliation bill. That program would have paid utility companies to move quickly to clean energy sources and penalized those that stuck with dirty, dangerous fossil fuels like coal and natural gas. But those already long odds may be getting much longer if Manchin is successful in removing yet another key climate provision from the bill, fees that are to be levied against the release of methane from oil and gas wells. Desi Doyen explains why that program is so important and how killing or weakening it, as Manchin reportedly wants, could be a fatal blow to our chances of surviving our ongoing climate emergency.

Next, the Biden Administration this week has, for a second time, rejected our disgraced, twice-impeached former President's attempt to invoke Executive Privilege to prevent the release of more Trump-era White House documents regarding the attack on the U.S. Capitol on January 6th. The documents are the second tranche requested of the National Archives by the U.S. House Select Committee investigating the Trump-incited attack.

That bad news for the former President (but good news for all democracy-loving Americans) comes on the heels of a series of reporting shedding additional light on Trump's attempt to steal the 2020 election, including by insurrection at the Capitol. Over the weekend, Washington Post detailed the "war room" effort carried out at the historic Willard Hotel near the White House from December through January, as Trump's activist lawyers, goons and other operatives, such as Rudy Giuliani and Steve Bannon, plotted various ways to overturn Joe Biden's victory.

Another report over the weekend from Rolling Stone documents the ways in which at least seven GOP U.S. House Reps participating in the planning of the rallies that led to the assault on the Capitol. Those members of Congress, according to two of the organizers who served as sources for the magazine (who are also said to be cooperating with the Jan. 6 Committee) are Marjorie Taylor Greene (R-GA), Paul Gosar (R-AZ), Lauren Boebert (R-CO), Mo Brooks (R-AL), Madison Cawthorn (R-NC), Andy Biggs (R-AZ) and Louie Gohmert (R-TX). In the wake of the reporting, a number of Democrats in the House are now calling for the expulsion of those Republican members.

The Rolling Stone report also cites Gosar as encouraging the two unnamed organizers by telling them they could expect a "blanket pardon" from the President for a separate, unidentified matter in which they are said to have been involved. If true, Gosar's (apparently false) promise, if it was actually made, also seems to place Trump himself squarely at the center of organizing the conspiracy that eventually became a deadly attack on the U.S. Capitol.

Monday, on MSNBC, Bob Woodward and Robert Costa, who detailed the Willard Hotel war room in their new book PERIL, offered more details, with Woodward reporting that the pair had "talked recently with a former Republican head of the Criminal Division in the Justice Department who said there is a 'lay down case,' just in what we know --- 18 U.S. Code, Section 371 --- a law that says it is a crime to defraud the government in any deceptive way, and that's exactly what they did here."

Last night, citing Woodward's comment, our guest today, KEITH BARBER, who blogs at Daily Kos under the name "KeithDB", broke down exactly what 18 U.S.C. § 371 actually is and how it could or should be applied here. In addition to being a regular dKos contributor on legal and constitutional matters, Barber is a former U.S. Army Captain, a longtime (now retired) attorney, and a lifelong Republican, at least "pre- Trump", according to his profile at the website.

Today, he walks us through the statute in question today, explaining how it is interpreted by the DoJ and how it appears to apply quite perfectly to both Trump and his cronies in their efforts to steal last year's Presidential election through deception and fraud.

Citing the DoJ's own explanation for its attorneys, Barber notes that he "was really surprised how stunningly broad" the statute is. "It basically can refer to impairing, obstructing or defeating the lawful function of any department of government, or depriving any department of government of its lawful right and duty required by law."

"Here," he continues, "we have counting of the Electoral College votes, very much required by law. That has to be done. A duty of Congress by law. And, arguably, the efforts going on in that 'war room', even setting aside the violence question --- the efforts to, through legalese and bogus Constitutional means, overturn the election --- constituted an effort, through deception and dishonesty, to overturn the election." Barber argues that Trump's criminal conspiracy seems to perfectly meets the DoJ's definition of the law, exactly as Woodward and Costa's former DoJ source posited.

Then, of course, the question is: Will the House Select Committee on January 6 cite that section of federal law and, more importantly, will the DoJ take action to enforce it against Trump and/or his cronies? As we also discuss, the DoJ has been less than aggressive in upholding the conspiracy law against Trump in other matters, such as the criminal conspiracy that both federal prosecutors and his former lawyer, Michael Cohen, allege that Trump "directed" in the hush-money payoffs to adult film actress Stormy Daniels --- for which his co-conspirator Cohen served time in prison.

There's much more in our conversation, including what to make of Gosar's alleged promise of "blanket pardons" and whether the attempts by Trump attorneys, such as John Eastman and Rudy Giuliani, to avoid testimony to the January 6 Committee by claiming attorney/client privilege, will legally hold up. (Spoiler: It won't, explains Barber.)

Finally, we're joined again by Desi Doyen with our latest Green News Report on one of the busiest weeks in climate news in our 12 years of producing the GNR. So, I won't even try to summarize it here. But, please do tune in for that and much more on today's BradCast!...

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We covered a whole bunch of stories on today's BradCast. You'll have to tune in to find out what I have to say about most of them. Suffice to say there was a lot of both good news and bad. Often at the same time. [Audio link to full show is posted at end of this summary.]

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

• The full U.S. House voted to recommend criminal contempt charges to the DoJ for Steve Bannon's refusal to answer his subpoena for documents and testimony from the House Select Committee investigating Trump's January 6th insurrection.

• Texas' wingnut Lt. Governor Dan Patrick, who offered $1,000,000 for evidence of voter fraud after the 2020 election, is forced to pay out $25,000 to a progressive Democrat who caught a Republican voting twice in Pennsylvania.

• California certifies the results from last month's GOP Gubernatorial recall election, with the state's Democratic Gov. Gavin Newsom winning by the exact same percentages --- to the decimal --- that he won his first term back in 2018. Money well spent, Repubs! And thanks for wasting $300 million taxpayer dollars.

• Five veteran advisors to Arizona's Democratic Sen. Kyrsten Sinema have had enough. They quit her advisory board for service members with a blistering letter citing her obstruction of democracy and the Biden agenda. The progressive veterans group Common Defense has now turned the letter into a TV ad with a seven figure buy to condemn the obstructionist Dem.

• MoJo's David Corn reports that West Virginia's obstructionist Democratic Sen. Joe Manchin has a plan to quit the Democratic Party altogether. Manchin disputes the report. Corn stands by it. Either way, it should serve as a reminder of how fraught things are in the Senate right now, how narrow the Democratic majority is, and how the Senate could see Mitch McConnell and the GOP back in control, literally, at any moment. That, of course, would immediately end any hope of passing any part of the Biden, Democratic and/or progressive agenda. Perhaps there's good reason that President Biden isn't calling out Manchin by name for failing to reform the filibuster as many progressive voting rights activists have been demanding?

• The GOP's ongoing assault on American democracy continues apace, as they plan to gerrymander their way into the House majority in 2022, and then use that control --- along with new election subversion laws in states they control --- to try and steal the 2024 Presidential election in a way they weren't prepared to do in 2020. All of which should serve as a reminder to every democracy loving American that it's time to step up --- even if it means reconsidering long-held, rock-solid beliefs. For example, that extreme partisan gerrymandering is wrong. It is. But is it wrong if it's needed to actually save American democracy? In Texas, new Republican-adopted Congressional (and state legislative) maps steal seats from minorities, despite the fact that the state's population growth --- and two new U.S. House seats to go with it --- is due almost entirely to minorities. Happily, states like Illinois are not taking the matter (entirely, anyway) lying down.

• Finally, Desi Doyen is here with our latest Green News Report and, as usual, we'll take her good news with the bad...or vice versa...

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Something not terrible actually happened in D.C. today! We celebrate at the top of today's BradCast! [Audio link to full show is posted below summary.]

Faced with the likelihood of the U.S. defaulting on its debts in a matter of days for the first time in American history (and being blamed for the economic devastation that would go with it), or otherwise facing the possibility that Democrats would be forced to reform the filibuster to allow a carve out for raising the debt ceiling, Mitch McConnell and Senate Republicans blinked today. They have now agreed to call off their filibuster to allow Democrats to raise the debt ceiling by themselves, if only for about two months. That's okay. It's a clear win for the Dems, whose unwillingness to back down to the GOP's economic terrorism and weaponization of the need to borrow money to pay for stuff that Congress (including Republicans!) have already bought, has paid off. It has also revealed McConnell's bluff. Something to keep in mind the next time this comes up again in December. We explain.

It also means that Congressional Dems can now focus on passage of their Build Back Better agenda, specifically, their transformative and long-overdue expansion of healthcare, education, child care and the first real attempt to take on climate change in their proposed $3.5 trillion bill that would spend $350 billion a year over the next ten years. That's not a lot of money, in truth, for the U.S. Government. The Treasury Department may take in $300 billion in tax revenue on any given single day. Not to mention, the entire bill, as proposed, is paid for with a small tax increase on corporations and the wealthy. But that hasn't prevented Sen. Joe Manchin (D-WV) and his sidekick Kyrsten Sinema (D-AZ) from pretending that the implementation of wildly popular progressive programs --- which the Democratic President actually ran and won on --- will lead to an "entitlement society".

Amid the negotiations over the final price tag of the Build Back Better Act, Manchin has been demanding "means testing guardrails" on all new family and health related programs. What does that mean, exactly? If only Americans below a certain income are allowed, for example, to enjoy the two free years of pre-K and community college included in the Democratic proposal, why not impose such conditions on the rest of our public education system? "Once we’re means-testing pre-K," The Prospect's Harold Meyerson recently observed in response to Manchin's demands, "it’s hard to see why governments at all levels don’t means-test K itself, not to mention K-12."

The Philadelphia Inquirer's longtime national columnist WILL BUNCH describes "means testing" in his newsletter this week as "two dirty words for America's middle class" and "the two most insidious and abused words in American politics." He joins us today to explain why that is and what other, alternate, betters ways their may be to meet the seemingly intractable (and dumb) demands from Manchin and Sinema that the Democrats' fully-paid-for bill be scaled back from it's current price tag.

"When means testing is applied," Bunch explains, "the reality is, what you're really doing is reducing the size of the program, so you're reducing the amount of money that needs to be raised to pay for the programs, which means you're reducing the amount that taxes would be increased on these wealthy people and on these corporations, who happen to be Joe Manchin's patrons."

"What really happens is that people who are entitled to these programs don't get the benefits because of means testing," he argues, "because it creates all kinds of bureaucratic hoops. The more you make them jump through hoops, the more you heighten the feeling of stigma that some people feel about getting government aid, they just say 'forget it' and give up. So the utilization rate of these programs --- they find that usually a quarter of the people eligible for these programs don't take advantage of them for reasons like that."

But, he says, it's also simply about money. "Let's focus on what's really going on here. They're really trying to squeeze every dollar to not go to middle class and working class families. And all those dollars that they squeeze, they go into bigger tax cuts for billionaires and corporations," who, unlike middle-class tax-payers, do not face such means testing for benefits they enjoy. "It's like reverse means-testing! The more means you have, the more we're going to bend over backwards to cut your taxes!"

We discuss all of that and more --- including the Rolling Stones concert that Bunch went to this week in Pittsburgh. Yes, I'm jealous!

Finally, as crazy and dangerous as the Republican Party has become in recent years, a number of its elected officials are apparently set on pushing the envelope to new standards of insane behavior...even if it means taking on fellow elected Republican officials, as the Lt. Governor of Idaho has done this week --- once again --- while the state's Republican Governor was out of town on state business. Yes, the madness continues on today's BradCast. We do our best to keep up with it...

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Hopefully today's BradCast is at least slightly less chaotic than Capitol Hill right now. We do our best to help you make sense of the Democrats' attempts to move four critical bills through to law, as they all come due at about the same time, and all must overcome obstructionists from both the Right and the Left. One bill today, has made it through. The fates of the other three --- and those of the nation, the economy, the Presidency and the Democrats --- are less than clear at this hour.

Among the stories covered, discussed, referenced and/or ranted upon on today's program...

• We start with some listener email in response to our interview last week with NASA climate scientist Dr. Peter Kalmus, who argues that our planet's climate emergency is far worse and more immediate than many other climate scientists are willing to say. Emailer RC concurs, and explains why current plans to curb carbon emissions by both the US and EU are not nearly enough to meet the moment, and entirely unfair to the rest of the world.

• With those thoughts underscoring much of the rest of our coverage today, we move to the ongoing mess in D.C., where Dems must pass four different pieces of critical legislation in the next few days and/or weeks for various critical reasons. One is a bill to keep the government open and operating after midnight tonight. After a Republican filibuster and a decoupling of that measure from the lifting of the debt ceiling before the government runs out of the ability to borrow money on October 18, the bill to keep the government open was passed by both chambers today (and signed by the President tonight). That Continuing Resolution will keep the government operating until December 3rd, when this ridiculousness will happen again, and Republicans are sure to create still more chaos and uncertainty...just because they can. Their filibuster of raising or suspending the debt ceiling, however, continues to march toward fiscal calamity [PDF] and deep recession as of October 18, unless they relent or Dems come up with some other idea.

• As we went to air today, it was still unclear whether a vote would be held in the House on the bipartisan $1.5 trillion infrastructure bill, which all Democrats in both chambers agreed to couple for passage with the much larger, very popular $3.5 trillion Build Back Better social spending and climate change bill that encompasses the bulk of the Biden agenda. At least it had been coupled until a small handful of shameless corporatist Dems in the House and Joe Manchin and Kyrsten Sinema in the Senate reneged on the original agreement. Now, they are trying to force Pelosi into calling a vote on the smaller bill, which was already passed by the Senate, and which House progressives have vowed to vote against unless the larger bill is adopted along with it. And though we hadn't seen anyone else make this point before airtime (Josh Marshall mentions it tonight), while House Repubs have been whipping against the smaller bill in the House, if they really wanted to muck things up for the Dems, they could vote in favor of the measure that many of their Republican colleagues in the Senate have already approved. That would replace the votes of the objecting progressives and remove pretty much all of the leverage they currently have to force passage of the larger reconciliation bill. So don't tell Republicans.

• The log jam on that larger bill, of course, has been Manchin and Sinema. And while neither Democratic Senator had made their objections to the measure particularly clear --- other than they didn't want to spend that much money (even though, unlike the deficit spending of the bipartisan infrastructure bill they supported, the larger one is actually paid for with tax increases on corporations and the wealthy!) --- at least Manchin was open to negotiation. Sinema, who is a terrible person, has said she wouldn't negotiate on the larger bill at all until the smaller one was passed. That is, apparently, still her position. But as of shortly before air today, we now know a bit more about Manchin's position. That, based on a bullet-point memo [PDF] obtained by Politico, which he gave to Chuck Schumer in late July, detailing his demands. Among them, the bill can't spend more than $1.5 trillion, and the coal state Senator (whose family makes millions on fossil fuel extraction each year) really really wants to undermine the critical climate components at the heart of the Biden agenda. We discuss.

• While Democrats are trying to move their wildly popular agenda forward, despite the obstructionism from both the Right and Left, Republicans and their media machine are busy lying to the public about the effort. We do our part to correct the record today with more information on what Democrats are actually hoping to do --- so you can help be the media and counter the rightwing lies on social media and elsewhere. (Pretty please?) Among those lies, Sen. Marco Rubio (R-FL) offered a whopper today, describing the Biden agenda as "Marxism" on Twitter. And fake news site Newsmax is lying to their gullible viewers about the bipartisan infrastructure bill including an 8-cent per mile "driving tax". It doesn't. We try and help correct the record on both scores.

• Finally, Desi Doyen joins us for our latest Green News Report. Today, we have yet another California utility company coughing up billions to settle with residents after their negligence led to disaster following the largest methane leak in U.S. history; New polling finds a dramatic spike in concern among a majority of Americans regarding our climate crisis; And another major automaker makes another major bet on our electric vehicle future...

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On today's BradCast: MAGA dead-enders have found a way to continuing pretending the 2020 election was stolen from them in Arizona; it's now down to pretty much one Democrat in Congress who seems willing to take down Joe Biden and the Democratic party's entire agenda; and the lazy corporate media fall for another phony narrative, fed to them by police, to explain 2020's spike in killings across the country. Just another day making sense of the absurd. It's what we do.

First up, despite last week's hilariously embarrassing news for Donald Trump that his own Republican partisans hired by the Republican state Senate in Arizona to "audit" last year's election found that, yup, Trump lost to Biden as originally certified (and by an even larger margin), the disgraced former President is still lying to his supporters, claiming the audit found that he won. It didn't. But, at the same time, his supporters --- including perhaps the top wingnut website responsible for false reports of "fraud" in the 2020 election, Jim Hoft's Gateway Pundit --- are now circulating a phony "draft" of the Cyber Ninja's audit report. The fake report is being characterized as the "real" report by Hoft and friends. One of them, Matthew DePerno, a candidate for Michigan Attorney General(!) who Trump recently endorsed, posted it to Twitter claiming it was the "real " report from the Ninjas that RINOs in the GOP state Senate tried to "censure" [sic].

The fraudulent "draft" claims that the 2020 election in AZ "should not be certified," even though it already was, ten months ago, by the state's Republican Governor. A Ninjas spokesperson denies having anything to do with it, claims the very real looking "draft report" is "absolutely false", and "that it was not written by Cyber Ninjas CEO Doug Logan, nor was [the call for decertification] in any version that was ever sent or shown to the [state] Senate for review."

Thankfully, Hoft, often referred to as the dumbest man on the Internet, isn't buying it! He and his site are furious that the national GOP and Republicans in Arizona are hiding the truth and "are working for the other side!" He's totally right! Hopefully Republican voters won't stand for it any longer and will vote all of them out of office next year to show 'em!

Next, from RINOs in Arizona, to DINOs in Arizona. Kyrsten Sinema, according to a number of her fellow Democrats today, seems to be the one --- even more than Joe Manchin --- holding up passage, and even negotiation, on the Build Back Better Act, the wildly popular $3.5 trillion sweeping social safety net and climate change legislation which is at the heart of the Biden agenda. It's also fully paid for by a small increase on taxes on corporations and the wealthy. While we covered the four pieces of legislation at the heart of what led House Speaker Nancy Pelosi to describe this week as "a time of intensity" in some detail on yesterday's BradCast, I'll refer you to that one and today's show for all of the maddening details here. Though I will note that Sinema's (and Manchin's, to a slightly lesser extent) intransigence could result in both the $3.5 trillion reconciliation bill failing to pass, along with the smaller, bipartisan infrastructure bill that Sinema was key to crafting with Republican Senators. She seems far more willing to negotiate with GOPers than with Congressional Dems in her own party, or even the Democratic President of the United States.

The result of all of this could be the death of both bills and Democratic hopes for success in 2022 along with it. But, it should be noted here, that even if Pelosi allows a House vote on the smaller, bipartisan infrastructure package that Sinema really wants to see passed this week (even though, unlike the larger package, it is not "paid for" and will increase the deficit that she and Republicans who support it claim to oppose), and even if it somehow is passed in the House (despite the Progressive Caucus vowing to vote against it), as Congressional expert Norm Ornstein explained on this program last week, Pelosi doesn't have to send it to the President until the reconciliation bill is passed as well. She can hold the smaller bill as long as she likes, according to Ornstein, who told us the Speaker never has to send it to the President's desk, if she doesn't feel like it.

Next, you may have seen the widely reported new statistics released by the FBI on Monday, finding an alarming spike in killings in the U.S., mostly with guns, during 2020. You may also have noticed that many of the stories on the new data --- from Washington Post, New York Times, NPR and others --- all referenced claims from police officials and academics who support them, that the record spike should be attributed, at least in part, to new policing rules and reticence by cops to take action following the murder of George Floyd in Minneapolis last year and the many others who were caught on tape being killed by the police.

Darn those "Defund the Police" activists whose outrageous advocacy has led to an historic spike in U.S. homicides!

Of course, that all appears to be bullshit, as explained by our guest today, CARL TAKEI, Senior Staff Attorney at the ACLU's Trone Center for Justice and Equality, where he litigates police practices. "This is a story that we have heard before," Takei explains. "It actually goes back to 2014, when then-St. Louis Police Chief Sam Dotson coined the term 'Ferguson Effect'" after the police killing of Michael Brown in Missouri that year, which sparked national outrage, weeks of protests and demands for police reform. "The 'Ferguson Effect', according to its proponents, means that police choose to be less proactive because protests against police hurt their feelings. And this decrease in proactivity then leads to a rise in homicides and other violent crimes."

"The problem with this is it doesn't  make sense," says Takei. "Why would decreases in arrests of people for low-level offenses like pan-handling or passing bad checks --- using counterfeit bills, as George Floyd was accused of doing before he was murdered --- why would decreases in these kinds of arrests lead to more homicides? That's the unanswered question at the core of the 'Ferguson Effect' idea."

"Police, when it comes especially to serious violent offenses like homicide, are reactive," he argues. "They respond after the shooting has already taken place. And they don't actually have the ability to prevent gun violence. And that's why, over forty years of seeing crime go up and police budgets going up, and then crime going down but police budgets continuing to go up --- we have forty years of year-on-year increases in police budgets and we've seen that there's actually no relationship between how much we are funding the police and what is happening in terms of crime rates."

Takei tells me, "Police aren't actually able to address the root causes of crimes. Especially crimes like interpersonal violence, or crimes that come from economic distress, from mental health issues, drug dependence issues. All of that requires different tools. But we live in a country where oftentimes the first and only response to anything that's labeled as crime is 'give more money to the police.'"

So, to what does Takei attribute the largest one-year spike in murder and manslaughter since record keeping began on these statistics in the 1960s? And what should be done about it? Tune in to find out. But it is damned frustrating to see so many theoretically legitimate news outlets incuriously parroting these unsupported-at-best and arguably completely phony claims about violent crime.

Finally today, a bit of good crime-related news out of Los Angeles this week, where prosecutors have moved to expunge another nearly 60,000 marijuana-related convictions from the past three decades, some five years after California voters approved the use and sale of recreational cannabis...

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On today's BradCast: Over the weekend, House Speaker Nancy Pelosi warned her caucus in a "Dear Colleague" letter that "the next few days will be a time of intensity". She wasn't kidding. [Audio link to full show is posted below this summary.]

Today, we bring you up to date on the four different major pieces of legislation that Democrats must push through Congress, somehow, within the next few days. All four are incredibly important for different reasons, have slightly different deadlines, and slightly different obstacles to passage, each of those obstacles are difficult.

As of midnight Thursday (September 30), the government will shut down if a Continuing Resolution to keep it open is not passed in the Senate. That will end up costing taxpayers a lot of money and financial markets will take a hit, as we already saw today, with the Dow dropping more than 550 points and the S&P falling 2 percent. Of far greater danger to both the stability of the U.S. AND global economy, as of October 18, as Treasury Secretary Janet Yellen has now cautioned lawmakers, the government will run out of "extraordinary measures" to avoid defaulting on U.S. debt unless the ridiculous, statutory debt ceiling is raised or suspended by Congress. That would allow the government to continuing borrowing to pay for all the stuff that Congress has already committed to spending, such as the $8 trillion increase to the national debt that was run up with the approval of Republicans during the Trump Administration, for example. Without raising the debt limit, Yellen warned, we will face "catastrophic economic consequences".

Republicans in the Senate, however, are currently filibustering the bill that would solve both of those problems in one simple fell swoop, just because they can. They appear to want chaos, uncertainty and a potential meltdown of the global economy, even at the cost of a first-ever default on the good faith and credit of the U.S. government. How that destructive hostage taking ends before the imposing deadlines nobody currently seems to know.

The other two pieces of legislation that need to pass quickly comprise Joe Biden's progressive agenda, which he ran on, is wildly popular among the American people, and which Democrats can now enact into law without any Republican help. One is the $1.5 trillion bipartisan infrastructure package for stuff like roads and bridges. The other is the $3.5 trillion budget reconciliation bill known as the Build Back Better Act to expand health care, education, child care and take on climate change among a host of other critical stuff. The framework for the latter bill was approved by Democrats in both chambers on the basis that both bills would be passed together, appeasing both progressives and so-called "moderates". Together, the two bills make up the bulk of the Biden agenda which every Democrat in both chambers voted to support...at least until a small handful of "moderate" Dems in the House and two Dems in the Senate (Joe Manchin and Kyrsten Sinema), tried to break the deal recently and force a vote on the smaller bill while kicking the larger one down the road.

But a newly robust and emboldened Progressives Caucus in the House is having none of it, and has vowed to vote against the smaller bill if the larger one isn't passed along with it. The hold up on the larger one appears to largely be Manchin and Sinema who have been vague in their objections, other than to protest that $3.5 trillion is too much spend. That, despite the fact that Democrats and the President say the entire ten-year ($350 billion/year) bill is fully paid for by small tax increases on corporations and the wealthy. Biden describes the cost of the bill as "zero".

All of which has resulted in "a time of intensity" on Capitol Hill right now which we walk through today --- intensely --- even as Manchin refuses to come up with a number that he would accept, and as Sinema's vague objections are made somewhat clearer by a fund-raiser being held today for her by several business lobbies who oppose having their taxes raised (to a lower amount than they were before Trump), and as her position is now costing her dearly at the moment among both the Arizona state Democratic Party and Democratic voters across her state. Tune in. We'll explain all.

In less intense --- and actually encouraging --- progressive news OUTSIDE of D.C, the inflection point to electric vehicles may just about be here, if Ford's new announcement this week of a huge, $11 billion investment to build three battery factories and an electric truck plant (creating 11,000 jobs in the bargain) is any indication.

Finally, in a related-ish news, Desi Doyen joins us for our latest Green News Report, with even more encouraging news on electric vehicles coming out of Norway this week, along with much less encouraging news regarding the high cost of climate change, the GOP obstruction of aid to victims of Hurricane Ida, and new manslaughter charges against California's largest utility company, PG&E...

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On today's BradCast: What we are witnessing right now in Washington D.C. is not just an exercise in how the sausage gets made...or doesn't. While it is that, it is also an extraordinarily perilous moment for the survival of the republic, as Democrats try to step up, in order to face down an insurrectionist GOP seemingly hell bent on taking the nation and the world down with them. Fortunately, our guest today --- who knows this landscape as well as anyone in the nation --- seems optimistic, despite the fraught dangers that lie ahead. [Audio link to full show is posted below this summary.]

The nightmare moment for Joe Biden, the Democrats and the nation, includes a Congressional Republican Party willing to default on the, until now, iron-clad good faith and credit of the U.S. economy, by refusing to vote to raise the ridiculous "debt ceiling" in order to borrow the money needed to pay for all the stuff that we (including Republicans!) have already committed to paying for, including trillions spent or given away during the Trump years.

It also includes several mighty internecine battles inside the Congressional Democratic caucus itself, as the so-called "moderate" and progressive wings of the big tent party attempt to navigate through landmines over the next several days and weeks to come to an agreement on Joe Biden's proposed $3.5 trillion Build Back Better social safety net programs (which, in addition to the expansion of health and child care, also includes a laundry list of long-overdue programs, such as our first major attempt to take on our climate emergency) and the critical Freedom to Vote Act, a sweeping election reform package to try and counter the massive voter suppression and election subversion efforts being adopted by GOP-controlled states in advance of 2022.

To pass the latter, Democrats will almost certainly need to reform the filibuster in some way, to allow passage with a simple majority of Senators. Sadly, there do not appear to be any Republicans left in Congress who are willing to support the right to vote and fair elections. These problems seem insurmountable for the moment, even as we've been fairly bullish on the Dems' ultimate ability to overcome the many hurdles they currently face.

Similarly bullish, it seems, is NORMAN ORNSTEIN [pictured above], longtime Congressional historian and political science PhD, who has spent the bulk of the last four decades studying politics, elections, and the US Congress at the right-leaning American Enterprise Institute, where he is now a senior fellow emeritus. He is also a contributing editor and columnist for The Atlantic and author of a host of books, including his latest, One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate, and the Not-Yet Deported, with E. J. Dionne and Thomas E. Mann.

Last week, Ornstein and Norman Eisen, of the left-leaning Brookings Institution, published a Washington Post op-ed headlined "Seven reasons to think Senate Democrats will actually change the filibuster". It's based on a paper they published at the same time at Brookings, along with Mel Barnes and Jeffrey A. Mandell, titled "Filibuster reform is coming --- here's how".

Both pieces are surprisingly optimistic when it comes to what will have to happen --- and how West Virginia's Joe Manchin and Arizona's Kyrsten Sinema will have to play along --- in order to reform the filibuster to adopt the Freedom to Vote Act, before that freedom is all but foreclosed by GOP voter suppression and election subversion in next year's mid-terms and 2024's Presidential race.

"We're seeing more and more intense understanding on the part of Democrats in the Senate that the road to accomplishing significant goals, in a time frame that's short for Democrats, has to require some change in their rules," Ornstein tells me, explaining why he believes that even Manchin and Sinema will come around to understanding the existential necessity of countering "the over-the-top actions by --- it's not a party anymore --- the Republican cult, to try not just to obstruct votes and to suppress votes, but to intimidate election workers and overturn legitimate results."

He walks us through why he believes that both of those two currently obstructionist Democratic Senators will come around in the end, on both filibuster reform and the Dems' budget reconciliation bill, which can be adopted with a simple majority vote. "Joe Manchin, throughout his career, has been a transactional politician. You could do a bill that's, say, $2.2 or $2.5 trillion, that actually preserves all of your core priorities" by simply trimming the number of years those proposals will be in effect. And, he argues, it can be done "if not being revenue neutral," then in a way that "is a pretty trivial amount as a share of our Gross Domestic Product."

In the end, he believes Manchin will come along, and Sinema along with him. "I think it's dicey, but I also think it's doable," Ornstein argues.

Among other key points of our conversation today, we discuss how Nancy Pelosi can hold the vote on the smaller, bipartisan, $1.5 trillion infrastructure package that Democratic House "moderates" are demanding next week, but not send the bill to the President's desk until the larger reconciliation package supported by progressives is adopted in both chambers; and how (and if) Democrats will be able to overcome objections by the Senate Parliamentarian to include things like immigration reform in a budget reconciliation package, "awkwardly thrown in". All necessary, says Ornstein, "because of the goddamn filibuster! Because there's no other way to get it done with 50 votes. So you create this ungainly hodgepodge of things as a way to try to circumvent the rules, and the better way to deal with it is to change the damn rules!"

If these things don't happen, he warns, if Democrats fail to successfully navigate the many minefields to adopt both election reform and Biden's Build Back Better Agenda, we are in "deep, deep, deep trouble," he says. "I think we're done for, frankly, if they can't do both of these things."

Of course, in the next few days, we'll also have to somehow get over the debt ceiling cliff that Mitch McConnell and Senate Republicans are threatening to push the nation over. On that, Ornstein is less sanguine. "I'm actually more concerned about that, because we have a group of Republicans like [Governors] Ron DeSantis, Greg Abbott, Kristi Noem and Tate Reeves, and so many others who are willing to let hundreds of thousands of people die [from COVID] for their own political purposes. Can I believe that Mitch McConnell and his colleagues would let the nation go into default and cause the economy to go into huge upheaval? Sadly, yes."

There is also at least one extra treat in my interview with Ornstein today, however, for those who may remember the hilarious and shockingly prescient 1998 satirical novel by Al Franken, written prior to his career as a U.S. Senator, entitled Why Not Me?: The Inside Story of the Making and Unmaking of the Franken Presidency. Ornstein actually "co-stars" in the book as Franken's unlikely Campaign Manager before becoming his Presidential Chief of Staff. I'll not give any more of the book away, since I suspect it's still an hilarious read. But today, Ornstein shares the backstory of how that book came about, and how much more prescient it actually turned out to be than even I remembered!...

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On today's BradCast: It was bad enough in 2013 when Chief Justice John Roberts gutted Section 5, the key provision of the Voting Rights Act. That section prevented discriminatory voting laws before they could take effect. By the time Justice Samuel Alito, on behalf of the Republicans' stolen and packed 6 to 3 majority, legislated from the bench last month to create new tests for Section 2 of the VRA, pulled largely out of thin air, it felt like there was little left in the landmark 1965 federal legislation to protect voters. But voting rights champions are moving forward in courts, nonetheless, even as the battle for new federal voting rights legislation continues.

On Tuesday night, without a single Republican vote, Democrats in the House adopted the John Lewis Voting Rights Advancement Act. The measure would fix much of the damage done to Section 5 of the VRA by the GOP Supremes in 2013, allowing laws with a discriminatory impact on minorities to be blocked in all fifty states before they can suppress voters. But that bill have to overcome a Senate filibuster by Republicans to become law. Still, Democratic Senator Joe Manchin of West Virginia says he support its passage, so perhaps he'll support the modification to the filibuster necessary to pass it. Given the federal lawsuit filed last week in Arizona against two new GOP voter suppression schemes in that state, perhaps AZ's Sen. Kyrsten Sinema, another opponent of filibuster reform --- even on behalf off democracy --- will rethink her position as well when the Senate returns from its August recess.

On Monday, however, there was some bona fide good news out of the very closely divided state of North Carolina, where a court overturned a century old law that prevented former felons from voting upon release from prison. The measure, originally enacted after the Civil War to stop access to the ballot box for black Americans, was finally overturned this week, allowing some 50,000 former felons to register to vote immediately. Of course, state Republicans are appealing the ruling.

And, despite good news last month from a Florida court, tossing a GOP cap on how much money can be donated to get initiatives onto the ballot in the Sunshine State, the effort to once again reenfranchise former felons in that state will now have to wait until the 2024 ballot. That, even after Florida voters already voted for exactly that in a landslide 65% to 35% victory in 2018. It seems Republicans will never run out of ways to prevent some 800,000 returning citizens in the state from being able to participate in their own democracy. It's what they do. It's also why it is so critical to adopt federal reforms, currently being blocked by Republicans and a couple of intransigent Democratic Senators.

In Arizona last week, several voting and civil rights group filed a federal lawsuit challenging two laws recently enacted by state Republicans aimed at suppressing the minority vote, according to our guest today, COURTNEY HOSTETLER, Senior Counsel at the non-partisan government watchdog Free Speech for People (FSFP). Her organization is litigating the case on behalf of Mi Familia Vota, Arizona Coalition for Change, Living United for Change in Arizona (LUCHA), and Chispa Arizona. One law ends the state's very popular permanent early voting list, which allowed voters to receive Vote-by-Mail ballots automatically for every election. The other restriction requires voters who forgot to sign their VBM ballot to do so by 7pm on Election Night. That, even though voters judged to have a "mismatched" signature on their absentee ballot are allowed to "cure" the problem for up to five days after Election Day.

On the first restriction, Hostetler explains today that the permanent early voting list "is supposed to permanent. It's right in the name." But under the new law, she says, "if you don't vote in two consecutive election cycles, you're out. Two election cycles is not that many. There are local elections, many elections that happen. If you decide to skip two elections, for whatever reason, you're off this list and you might not realize it" until its too late.

On the second restriction, she describes that many voters are unlikely to be able to sign their ballot in time, or even be notified that there is a problem, particularly if they only dropped it off the day before the election and especially in the many cases where there is a two-hour, one-way trip for voters forced to use public transportation.

All of this is supposedly to prevent "voter fraud", according to Republicans in a state which has been unable to show any evidence of substantive fraud in past elections, much less fraud that would be prevented by the new restrictions. On the other hand, as Hostetler details, these laws --- which appear neutral on their face --- are specifically designed to "impact minority voters" in several different nefarious ways.

"We can't divorce this from the history of voting suppression in Arizona," she argues, listing many of the ways in which minorities will see a disparate impact from these laws. "Arizona has an unfortunate and long history of voter suppression of Latino, Black and Native American voters."

As the federal complaint [PDF] filed last week reads: "It is no coincidence that the Arizona legislature enacted these changes only after an election in which (1) for the first time in recent memory, the presidential candidate preferred by Arizona voters of color won; and (2) voters of color increasingly used early voting --- the target of the new laws --- to help elect their candidate of choice."

But how can these restrictions be challenged in federal court, given Justice Alito's absurd, created-from-whole-cloth new "guideposts" for adjudicating Section 2 cases under the VRA, where, as we discussed on The BradCast last month, he literally conceded that discriminatory laws are okay, so long as they don't discriminated too much?

Hostetler explains the groups' strategy for challenging these laws under the VRA as well as Amendments 1, 14, and 15 of the U.S. Constitution which, she argues, these restrictions "clearly violate". She also speaks to the necessity of passage of new federal laws to give voting rights attorneys more tools to work with, since SCOTUS has twice gutted the VRA over the past decade. She similarly offers advice on and what we can all do --- as voters, as citizens --- to help reverse this cycle of insidious voter suppression now setting in across the country...especially in swing states like Kyrsten Sinema's Arizona...

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Our guest on The BradCast today is virtually begging those on the environmental center and left to come together, to put aside their various (if important) pet projects, in hopes of coming together for two key elements in the blueprint for the Democrats' $3.5 trillion budget reconciliation package. It is, he details, our last, best chance for likely more than a decade to soften the blow of our climate emergency. Do that, he says, then "we can resume fighting like a bag full of cats in a couple of months." [Audio link to full show is posted below this summary.]

But, first up, a quick follow-up from yesterday's BradCast, during which we broke the news that someone at MyPillow CEO Mike Lindell's bat-crap insane three-day "Cyber Symposium" in South Dakota this week to "Stop the Steal," released digital image copies of three hard drives containing Dominion Voting Systems actual Election Management System software, as used in real elections across the country. These copies seem to have come out of the County Clerk's office in Mesa County, Colorado. The elected County Clerk there, Tina Peters, is a hard-right official who appeared at Lindell's "symposium" that promised to reveal (then spectacularly didn't) how China supposedly flipped millions of votes over the Internet in 2020 to steal the election from Donald Trump.

With our confirmation yesterday that the Dominion software is now confirmed to be in the wild, even as the Gubernatorial Recall election is now under way in California (where Dominion's software is used in about 60% of the state), there are very serious concerns about what effect the security breach could have on the Recall election --- not to mention others coming up across the country this November. Marilyn Marks, a regular guest on the show, whose non-partisan election watchdog group, the Coalition for Good Governance, is suing the state of Georgia in federal court to stop them from forcing voters to use Dominion's unverifiable and vulnerable touchscreen voting systems in every polling place, tweeted yesterday about the "looming dark cloud over the Nov. elections," following the exposure of the EMS software. She wonders when and if election officials in the Peach State might pay attention to this breach, not to mention when national media, which seems to be all but asleep at the wheel on this, might cover the story as well.

The founder of Georgia Tech's new School of Cybersecurity, Prof. Richard DeMillo, who joined us on the show earlier this week before the stolen hard drives were leaked, to discuss vulnerabilities recently uncovered by an expert witness [PDF] in Dominion's system in the Georgia case, told me via email today that he is "still processing" the breach. But, he told me, the "news points to the urgency" of unsealing the report by the Coalition's expert witness in the case, at least to other cybsersecurity experts and election officials. "The fact that the Dominion EMS images are now public increases the likelihood that [Dominion] ImageCast voting software [as used on their touchscreen voting machines] was also leaked. The only antidote is to conform to standard industry practice and publish their vulnerabilities so that Dominion and their customers can take public steps to mitigate the risks to election infrastructure."

For the record, a number of large jurisdictions in California use the exact same Dominion touchscreens as are used across Georgia, including San Diego, San Francisco and Riverside. Are state officials here in CA even aware of this latest, serious leak? We will continue to follow the story in the days ahead, and hope that national media --- or even just CA media! --- jump in and try to get some answers from election officials about what this serious concern may mean for ongoing voting in the Recall.

Then, along with the news today from the National Oceanic and Atmospheric Administration (NOAA) that July was declared the hottest month on the planet in recorded history, we're joined by a longtime progressive climate and energy journalist who is trying to help Democrats and climate activists understand the necessity of supporting two key provisions in the Democrats landmark, $3.5 trillion budget reconciliation bill. He described this matter recently as America's "last big shot at climate change policy for a decade or more."

The great DAVID ROBERTS, publisher of the must-read Volts newsletter, joins us today to explain the importance of those two initiatives, the development of a Clean Energy Standard (CES) and clean energy tax credits in the reconciliation bill. The huge measure can be passed with simple majorities in both chambers, as long as all 50 Senators who caucus with Democrats and almost all of the Democrats in the House play along. Those two provisions together, he wrote and explains today, "would revolutionize the US electricity system" and finally give us the chance to reach net-zero emissions from the electric grid in the very few years climate scientists now tell us we must, in order to avoid the worst impacts of climate change.

Never mind other ideas that climate hawks may have for now, such as a carbon tax or cap-and-dividend. They are not part of President Biden's menu of options. It's this "or we will get nothing that will tackle fossil fuels this decade," he warns.

It may sound a bit wonky, but it really isn't. Roberts spells out, in simple terms, what both a clean energy standard and clean energy tax credits mean in the context of the critical goal of decarbonizing our electricity system, even as he has preached that the answer to ending the dangerous burning of fossil fuels is to "electrify everything", from transportation to buildings.

"Right now, roughly a third of our emissions come from electricity. But the whole plan for decarbonization is to move transportation --- which right now runs on gasoline and diesel --- to move that over to electricity. And to move buildings --- right now buildings are heated and cooled largely with fossil fuels, mainly with natural gas --- to move that over to electricity," he says. "So if you move the other two big chunks of emissions onto the electricity grid, then you see that, oh, having a clean electricity grid is the core strategy for decarbonization.  It's not just one sector. This is the sector that is going to clean up all the other sectors. So there's nothing more important for short-term, immediate decarbonization than cleaning up the electrical grid."

Both the Clean Energy Standard and tax credits will serve to move the entire grid to renewables. "Renewables are the cheapest form of clean energy. And the overwhelming effect, as any analyst will tell you, if we pass this policy, is going to be giant surge of renewable energy projects."

There is, of course, much more to this conversation, but the bottom line is that, as Roberts warns, "the stakes are enormous," and with Democratic majorities so narrow right now in both Congressional chambers, virtual any Senator or faction can sink both this bill and the smaller but still critical $1.2 trillion bipartisan infrastructure bill that's paired with it.

"If Democrats fail, they all fail, and they're going to get crushed in 2022," Roberts tells me, as he explains how it may be that a fossil fuel-loving Senator like Joe Manchin from coal state West Virginia, may still find a way to support these efforts which will, necessarily, hasten the demise of fossil fuels.

"So Manchin and [Bernie] Sanders are going to have to find a bill that they can both sign," Roberts argues. "[Kyrsten] Sinema is going to have to find a bill she can sign. I don't think even she wants to be responsible for the whole Democratic agenda going down, including her precious, beloved bipartisan infrastructure bill, because that would go down too. So it all sinks or swims together. It's a unique situation in my lifetime."

If these two bills actually make their way to the President's desk, especially with the two key provisions Roberts is citing as critical to curbing global warming, he says he will "eat crow" from every rooftop in the land, when it comes to his earlier doubts about Joe Biden's centrist, go-along to get-along roots. These measures, if they actually happen, he notes, would easily place Biden into the Democratic pantheon along with folks like FDR and quickly eclipse even Barack Obama's own accomplishments in office.

"Calling your lawmaker matters," Roberts emphasizes, even if you believe they are already on the correct side of this fight. "This is something I hear from Senate offices, from House offices, all the time. The email campaigns? Eh. The letters?  Eh.  But when people take the time to call, it gets collated and marked down, and the Senator hears about it. It matters. They need to hear that there is a public appetite specifically for the climate provisions to get through." Tell them you support a CLEAN ENERGY STANDARD.

"This is crunch time," he warns. "Everybody needs to be talking about it and getting their fellow Democrats fired up. This is the time to fall into formation, to quote Beyoncé, it's time to fall into formation and make this happen. We can resume fighting like a bag full of cats in a couple of months. But, just for a few months, we need to be coordinated and speaking in a single voice. Specifically the Clean Energy Standard. That's the core of it."

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On today's BradCast, we open the phones to talk vaccination again, though for a different reason than we've done so in the past. [Audio link to full show follows the summary below.]

Among the stories discuss today...

• The third highest Republican in the U.S. House, Rep. Elise Stefanik (NY) lauds Medicare and Medicaid and the "the critical role these programs have played to protect the healthcare of millions of families," but warns --- in the very same gobsmacking tweet(!) --- "To safeguard our future, we must reject Socialist healthcare schemes." Seriously. That's who now serves in the GOP leadership seat previously occupied by Rep. Liz Cheney, until she was tossed out of it by the Republican House caucus for telling the truth about Trump and replaced by Stefanik.

• Nonetheless, as clueless as Congressional Republicans are, somehow Democrats are managing to move enough of them forward, for now, on a landmark, bipartisan $1 trillion infrastructure bill with some really good and important stuff in it. We break down the key details, released over the weekend, for the package that is to be paired with a much larger, $3.5 trillion Democrats-only bill that can be passed in the Senate with a simple majority vote. But both bills must be passed in the Senate before House Speaker Nancy Pelosi will allow either to come to the floor for a vote in the lower chamber. For now, the smaller bipartisan package is on track for passage before the Senate takes its August recess at the end of this week. But, there's still a long way to go and a lot of potential landmines to be avoided from both the Right and the Left. If Biden and Dems can pull both packages off, it would be a remarkable achievement, and the largest investment in America since FDR's New Deal.

• At the same time, the Delta variant of the coronavirus continues to wreak havoc across the nation, almost entirely on the unvaccinated, even though the vaccinated are paying a shamefully high price for the idiocy of the unvaxxed. Nowhere in the U.s. more so at the moment than in Gov. Ron DeSantis' Florida, where he's blocked the ability for local officials to issue mask mandates and signed a law preventing private companies from requiring vaccination for customers or employees. On Friday, however, the Sunshine State registered more new COVID cases than at anytime during the pandemic --- including back before there were safe, plentiful, effective, free vaccines to help people avoid it! Now, as infections rage out of control, the state's hospitals have filled up as they reach record capacity and non-COVID-related treatments and surgeries are being cancelled because of it.

• Several weeks ago we opened the phone lines to hear from unvaccinated listeners as to why (the hell) they were refusing to protect themselves and/or their friends, families, neighbors and co-workers. Today, we opened the phones for a related reason. Since the rise of the highly transmissible and dangerous Delta variant, and its horrifying surge across the country --- most markedly in Trump-supporting states and counties --- almost 5 million longtime holdouts finally decided to get their shots, with those Trump states leading the way in increased uptake. (Sadly, the decision to get vaccinated continues to come too late for many, including this Las Vegas family discussed today.) So, we were curious what it was, specifically, that has led some longtime vaccine holdouts to finally decide to get inoculated. We were also curious what folks thought about the idea of compulsory vaccinations, for which legal analyst Ernie Canning made the legal case today at The BRAD BLOG. We opened up the phone lines to listeners on all of the above --- including the still, stubbornly, foolishly, idiotically, dangerously, voluntarily unvaccinated...

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