Justice isn't gonna demand itself, apparently. So we're happy (if that's the right word here) to continue doing it ourselves on today's BradCast, along with a bit of help from an actual, longtime homicide prosecutor. [Audio link to today's full show is posted below this summary.]

But, first up, the mess the perps have left us with. New COVID cases are on the rise again across much of the country in recent weeks, even as the death rate is falling. But deaths tend to lag infections, which has officials concerned as we head into the holiday season once again. We take the opportunity to catch up on where the nation is in that regard, with recommendations for all to get booster shots as soon as feasible, and fresh, empirical, conclusive evidence that masking up is still the best non-pharmaceutical defense against the disease for both the vaccinated and unvaccinated alike.

In slightly brighter news, of a sort, Oklahoma's Republican Governor actually did the right thing on Thursday, if only at the last minute, by granting clemency to 41-year old Julius Jones who had been scheduled to be killed by state the today for a crime that occurred more than 20 years ago. Just hours before he was to be put to death, Gov. Kevin Stitt converted his sentence to life in prison for a murder that Jones has insisted he had nothing to do with. His case gained notoriety following a three-part documentary produced by Oscar-winning actress Viola Davis that aired on ABC in 2018. The clemency was also appropriate after the state had paused its capitol punishments following horrifically flawed executions by lethal injection in 2014 and 2015. After restarting them last month, a 60-year old prisoner convulsed and vomited as he was killed.

But speaking of murder by the government, a week or two ago on The BradCast we were joined by our friend, author and progressive talk show host Thom Hartmann, to discuss his case for mass second degree murder against Donald Trump for what he described as the disgraced former President's purposeful mishandling of the COVID pandemic in 2020. Thom's case is largely predicated on evidence revealing that, after initially taking the coronavirus seriously, the Administration changed course once they came to believe the disease was far more fatal against minorities who lived in blue states --- in other words, those who were unlikely to vote for him last year anyway.

Since we spoke with Hartmann, there has been additional damning evidence unearthed against the Trump Administration's COVID response, released by the U.S. House Select Subcommittee on the Coronavirus Crisis, based on testimony from a number of both current and former Administration public health officials. The new information from those officials includes testimony, for example, from then White House COVID Task Force coordinator Dr. Deborah Birx, who reportedly believes that at least 130,000 lives could have been saved, had the the Administration taken appropriate action. Other officials have reportedly detailed how the White House blocked the CDC from sharing health guidance with the public while officials were even instructed to delete emails regarding directives on the pandemic response.

One of the maddening questions that arose during our discussion with Hartmann was why it seemed to be falling to a couple of radio hosts to even be building this public, legal case of accountability for mass murder by Trump in the first place. Where were the state prosecutors? Where was the Dept. of Justice and Attorney General Merrick Garland? Were we completely off-base in even suggesting criminal liability for mass homicide by a former President? That, as Hartmann conceded that he was, by and large, taking his best guess, as a layman, at whether charges for homicide by Trump should consist of first or second degree murder or something else entirely.

I heard from a number of folks after that program with thoughts on our conversation, including from several attorneys, two of whom had somewhat differing views on Trump's criminal liability. One suggested that, indeed, second degree murder charges seemed to fit the crime, while another felt that Trump had no direct culpability in the deaths of hundreds of thousands of Americans. Or, at least, that it would likely be very difficult to prove any such culpability. We share the thoughts from both today.

We also heard from others who noted there was, in fact, someone else making a public case to bring homicide charges against Trump for some time. Specifically, we were pointed to longtime Washington D.C. homicide prosecutor, Glenn Kirschner, who now has his own podcast called Justice Matters. Kirschner spent some thirty years prosecuting murder cases, eventually becoming D.C.'s chief homicide prosecutor. On today's program, we share a clip from a podcast he released last December, shortly after revelations that the Administration had largely given up on trying to stop the spread of COVID and were, in fact, hoping that it would spread widely in order to eventually achieve herd immunity. That, even as infectious disease experts believed at the time that reaching herd immunity would take years and, literally, millions of American deaths before enough of the population would have enough immunity to halt the spread.

At the time, Kirschner used his podcast to explain what he saw as a clear cut case of what he described as "criminally negligent" or "criminally reckless homicide" (noting that the crime has different names in various jurisdictions). He explained how both Trump and Vice-President Mike Pence, who headed up the White House Coronavirus Task Force at the time, were "criminally responsible for needless coronavirus deaths" by the end of last year and the deaths of some 350,000 Americans at that point.

In his December 2020 podcast, Kirschner shared his belief, as a former prosecutor, that both Trump and Pence met the tests for such charges. Today, we continue to ask if any current prosecutors --- whether at the state or federal level --- are actually working to build such a case. And if not, why not?

Finally, we're joined by Desi Doyen for our last Green News Report before next week's Thanksgiving holiday. (We'll be taking the week off in desperate need of recharging our batteries and making up for family time lost during the worst of the pandemic last year.) Among the stories covered on today's GNR: disastrous extreme flooding in the Pacific Northwest on the heels of disastrous and deadly extreme heat in the same region just months ago; the Administration's controversial court-ordered oil and gas lease sale in the Gulf of Mexico; and President Biden's trip to Detroit to this week to promote both his new infrastructure plan and new, American-made electric vehicles...

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We've got a lot of news to cover on today's BradCast, breaking and otherwise. Not all of it is terrible. So there's that! [Audio link to full show follows this summary.]

Among today's stories...

• First up, a story that broke late last week which we need to note here for the record. The 17-year old son of Glenn Youngkin, Virginia's presumptive Governor-elect, tried to vote illegally last week. Twice. At a precinct where his family isn't even registered to vote --- even though he's too young to vote at all, but "insisted" on being allowed to do so. His father pretended to run on an "election integrity" platform during the primary, but his campaign is now criticizing the media for reporting on the story at all. Meanwhile, Virginia election officials suggest Youngkin's son broke no laws --- which seems impossible to fathom once you hear the details. Of course, it's made all the more maddening by knowing what generally happens to those who happen to be black or brown while unknowingly voting or registering unlawfully --- versus what happens to the white son of an incoming Republican Governor. Just ask Crystal Mason in Texas for one.

• On Tuesday, a U.S. District Court judge overseeing Donald Trump's federal lawsuit attempting to prevent the National Archives from releasing January 6th-related records from his White House, denied his latest motion. The records were been subpoenaed by the U.S. House Select Committee investigating the Trump-incited attack on the U.S. Capitol and will be turned over to the Committee on Friday unless the judge, or a higher court, rules otherwise before then. We explain.

• The same Committee, led by its Chair Rep. Bennie Thompson (D-MS) and Vice Chair Rep. Liz Cheney (R-WY), have been very busy so far this week. On Monday, they subpoenaed six top Trump Campaign officials, including disgraced former National Security Advisor Lt. Gen. Michael Flynn and far-right attorney John Eastman. And on Tuesday they issued 10 more subpoenas, this time to officials who worked for Trump or the Justice Department, including his senior adviser Stephen Miller and Press Secretary Kayleigh McEnany. While its unclear if the Committee will end up subpoenaing Trump himself, they have expressly not ruled it out and sure do seem to be working their way quickly up the food. Of course, until we learn if Attorney General Merrick Garland and the DoJ intend to bring criminal Contempt of Congress charges against Steve Bannon --- in response to the referral sent to them by the U.S. House --- for refusing to testify and turn over subpoenaed documents in the same investigation, none of these subpoenas will have much teeth. If Bannon is indicted, on the other hand, it will be game on for everyone. We continue to wait and watch...

• In COVID news, a North Dakota lawmaker who organized a rally on Monday to oppose vaccine mandates wasn't able to make it. He has COVID. But he's also certain that Ivermectin, the horse deworming anti-parasitic he is taking, will cure him. Public health experts do not concur.

• That NC lawmaker is hardly alone in falling for the vast, criminal, disinformation industry surrounding the coronavirus. A new study from the Kaiser Family Foundation finds nearly 80% of Americans either believe or are unsure whether to believe one or more complete falsehoods surround the pandemic, including evidence-free claims that the government is exaggerating the number of COVID deaths; that the government is hiding deaths caused by the vaccines; that the vaccines can give you COVID; that they contain microchips; or can change your DNA. The survey also found that those who trusted rightwing outlets like Fox "News", OAN and Newsmax were FAR more likely to be suckered by those lies.

• All of which helps explain the news that the gap between COVID infections and deaths in "red" states versus "blue" states continues to widen with each passing month. Last month, 25 out of every 100,000 residents in heavy Trump counties died from COVID, versus just 7.8 residents in counties that voted heavily for Joe Biden. It was the fifth straight month that the gap in death rates between Trump and Biden counties has widened. That gap continues to grow this month as well, with new deaths now running 5.8 times higher per capita in the the heaviest "red" counties versus the heaviest "blue" counties.

• We've reported many tragic stories over the past year about those who've refused, for various reasons, to get vaccinated, only to come to regret their choice after becoming hospitalized with a severe case of COVID. Many went on to die. Today, we have a variation on that story...with a sobering, but happier ending.

• Finally, Desi Doyen joins us for another very busy Green News Report, following the passage last week of the $1.2 billion bipartisan infrastructure bill in Congress, including a number of key climate provisions, and as the critical U.N. climate summit known as COP 26 continues this week in Glasgow, Scotland...

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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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The through-line for today's BradCast comes courtesy of Meathead. Actor and director Rob Reiner was arguing, via Twitter over the weekend, that "until Donald Trump is prosecuted for leading a deadly Insurrection to overthrow the Government and Voting Rights are passed," we are witnessing the death of Democracy.

He was much more correct than he may have realized. But the stories we cover today --- only half of those we had hoped to get today, and none of which directly covered the two issues Reiner was referring to --- underscore that theme. If it's not immediately obvious, tune into today's show to find out how.

Among the stories covered, discussed, explained, warned about, expounded and ranted upon on today's program (along with listener calls throughout)...

• Election Day is Tuesday in states across the country. As discussed last week, democracy itself is on the ballot in New York state. But most attention on Tuesday has been going to Virginia, where Trump-endorsed Gubernatorial candidate Glenn Youngkin has now taken a lead in FiveThirtyEight's pre-election polling average over VA's former Democratic Governor Terry McAuliffe. We explain why history is on Youngkin's side. Perhaps by Wednesday we'll find out if the voters in Virginia are as well, as democracy is not yet dead (hopefully) in some pockets of the nation.

• In Florida, a simply remarkable and, yes, chilling story. The University of Florida has barred three professors --- each one an expert in democracy and voting rights (two of whom have appeared on The BradCast multiple times over the years) --- from testifying as expert witnesses for the plaintiffs in a challenge to the state's new voter suppression law passed earlier this year. The measure, signed on Fox "News" by Republican Gov. Ron DeSantis, surrounded by Trump supporters and with local media locked out entirely, restricts the use of drop-boxes for absentee ballots, while making it more difficult to obtain Vote-by-Mail ballots and harder to register to vote, among other democracy killing provisions. The university (whose Board of Trustees is headed up by a close DeSantis confidante and major GOP donor) claims that testifying against a state law would represent a conflict of interest for UF. That's an idea that is unheard of, frankly, and would prevent experts in their fields from being able to testify on their expertise in states in which they live and work. The same profs were never prevented from doing so in the past and experts on academic freedom describe this novel notion as unprecedented. A lawsuit seeking the review of documents from DeSantis on this matter, to determine his involvement in the University's decision, was filed on Friday.

• At the U.S. Supreme Court on Monday, the new "unprecedented" anti-abortion law in Texas, barring the otherwise Constitutionally protected medical procedure after just six weeks of pregnancy, before many women even known they are pregnant, was heard on SCOTUS' rocket docket just two months after they'd allowed it to take effect in the Lone Star State. The matter in question is whether a case filed by abortion providers in the state and another by the U.S. Department of Justice should be allowed to proceed, despite the virtually unquestioned matter of the new state law, S.B. 8, violating Roe v. Wade. The reason the question even arises is because Texas purposely structured the law in a way that hopes to side-step any and all judicial review of the law. That is done by the statute empowering members of the public with a right to file a civil lawsuit against anyone who, in any way, aids a woman in receiving an abortion after six weeks. Under S.B. 8, plaintiffs may even sue an Uber driver who brought a woman to a clinic, for at least $10,000, and the State argues that because they are not enforcing the law, members of the public are doing so, the law cannot be challenged in either federal or state court.

  But even far-right Republican Justice Brett Kavanaugh (and, of course, Justices Sonia Sotomayor and Elena Kagan) was able to put two and two together during today's hearing to realize that if this type of law is allowed to go forward, states could adopt laws that effectively outlawed many other long-settled Constitutional rights, and avoid judicial oversight in the bargain. So, yes, California could adopt a law similar to S.B. 8 that makes owning a gun a civil violation for which anyone in the public could sue a gun owner for, say, a million dollars. Are the Justices on the High Court --- who allowed this law to take effect two months ago, ending almost all abortions for now in TX --- sure they want the nation to go down this path?

• One of the other several stories we quickly covered of democracy dying today, referenced the newly gerrymandered maps for the four U.S. House seats in Iowa. Last week, after Republicans rejected a new map that would have split the state into two districts that voted for Biden last year and two that voted for Trump, they instead approved a second version of a map in which Trump won all four districts. One expert in redistricting describes the new maps as "a dream Republican map." Yes. That is yet another way in which democracy dies...unless we fight like hell to prevent it from doing so.

• Oh, and back in Texas, the book burning appears to be beginning, thanks to Republican Gov. Greg Abbott and his new letter to the Texas Association of School Boards [PDF] to remove hundreds of books from public schools that are seen as anti-racism or pro-sex-ed and LGBTQ issues. Pretty sure this sorta of thing never ends well for democracies...

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Rogue Republicans and rogue Democrats on today's BradCast. [Audio link to full show is posted below this summary.]

First up, the rogue --- and really dumb --- Republican in Michigan's Adams Township. The Township Clerk there, Stephanie Scott, was elected last November and is certain that the election must have been fraudulent, even though she won and Trump was certified as defeating Joe Biden in the County by 48 points. (That's more than Trump won by in 2016!) Scott was a QAnon loon before the 2020 election and even more so since then. This week, she was removed by the State Elections Bureau from her job and replaced, for now, by the Republican County Clerk in Hillsdale County (home of Adams Township), who discovered on Tuesday that the Township's tabulation computer, the "brains" of the whole system, is now missing in advance of next week's local elections.

Michigan State Police are said to have launched a criminal investigation, and Scott seems to admit to a Michigan news outlet that she stole it, claiming that the vendor, Hart Intercivic, was coming in to perform routine maintenance that was actually a secret scheme to delete all of the evidence of fraud on behalf Joe Biden in the 2020 election. Or something. The Township votes on hand-marked paper ballots. So if the new Clerk had any actual concerns about whether the computer accurately tabulated results last year, she might have tried hand-counting those paper ballots to find out. The population of the entire Township is only about 2,500 people. But apparently Scott is not particularly bright, despite all of her QAnon "research".

We unpack the entire insane incident, which echoes one from a few months back, where the Republican County Clerk in Mesa County, Colorado also had to be replaced by the Sec. of State after she brought two people with her into the secure area where voting systems are stored in the middle of the night, turned off the security cameras, made full, unlawful copies of the hard drives of the Dominion Voting System's Election Management software and then released it to the Internet during MyPillow CEO and failed conspiracy theorist Mike Lindell's so-called "cyber symposium" in South Dakota. The unlawful release wreaked havoc and a call for "emergency action" before California 's Gubernatorial Recall election just weeks later. The Mesa County Clerk is also facing a criminal investigation because, ya know, they're all "law and order conservatives" who think it's just fine to steal voting systems and software when they feel like it.

Of course, there are very real concerns about vulnerabilities in such voting systems, though zero known evidence to date that any of them were used to steal any election last year. But these lamebrains don't seem to have a clue what the vulnerabilities actually are or what to legally do about them, even though many of us real Election Integrity advocates have been showing them how to do exactly that for nearly 20 years.

As to the Democratic rogues in our stories today, we're joined again by the great HEATHER DIGBY PARTON of Salon and Hulaballoo to talk about Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) and if their real game is actually to undermine the entire Biden agenda by weakening, stalling and then ultimately just killing the Build Back Better bill.

The pair have already succeeded in gutting a number of the most popular key provisions of the bill favored by progressive and centrist Dems alike, and even by Republican voters (if not members of Congress). Though there are a boatload of critical, long-overdue and progressive programs still left in what the White House described as the bill's new "framework" [PDF] on Thursday. But do Manchin and Sinema intend to let even that much go through to full passage? Or are they playing a different game entirely? We discuss it all with Digby today.

We also discuss the painfully disinformed, so-called "progressives" out in the Twittersphere and beyond who are actually either gullible enough or disinformed enough to believe that Biden and Pelosi and Progressive Caucus Chair Pramila Jayapal --- not to mentioned Bernie Sanders and Alexandria Ocasio-Cortez(!) --- have all been coopted by "corporatists" (or something) to undermine Biden's own agenda and the bill that the entire Democratic caucus, save for Manchin and Sinema, would have approved months ago when it was twice the size in dollars.

The corporate media also come in for criticism again today, for their failure to accurately inform the American people of the wildly popular provisions that were and still are in the still-transformative Biden agenda (even as Democrats themselves share some of that blame). Instead, the media have turned the negotiations over Build Back Better into a misleading game of (paid for) spending numbers and a "showdown" between "progressives" and "centrists". In fact, it's always been a no-choice effort by Congressional and White House Dems to win the must-have votes of Manchin and Sinema --- ("The Diva Twins" as Parton calls them) --- who have opposed many of the bill's most popular programs in a 50/50 Senate.

Lots to discuss here with Parton today, as usual. Please tune in!...

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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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On today's BradCast: President Biden has, thankfully, edged toward the left on a number of things during his candidacy and Presidency to date. Reforming the GOP's stolen and packed U.S. Supreme Court, however, at least for now, does not appear to be one of those things. At least if the findings of his blue ribbon Commission of academics studying potential reforms is any indication.

But first up today, several quick updates on a number of stories we've been covering of late...

• On Tuesday night, shortly after we got off air, the U.S. House Select Committee investigating the Trump-incited January 6th attack on the U.S. Capitol voted unanimously to hold Steve Bannon in criminal contempt of Congress for refusing to answer their subpoena for documents and testimony. A vote on the resolution by the full House is scheduled for Thursday and, if adopted (as expected), a referral for criminal prosecution will be sent to the DoJ. Bannon could face as much as a year in prison. But it was remarks by Committee member Rep. Liz Cheney (R-WY) before Tuesday's vote that jumped out: "Mr. Bannon's and Mr. Trump's privilege arguments do appear to reveal one thing. They suggest that President Trump was personally involved in the planning and execution of January 6, and this Committee will get to the bottom of that." If I was Trump, I'd take Cheney at her word. Bannon's future could also be Trump's.

• There was additional encouraging news from Congress on Tuesday night, as outlets are reporting that obstructionist Sen. Joe Manchin (D-WV) and progressive Sen. Bernie Sanders (I-VT) are now in direct talks on Biden's Build Back Better Act and that they hope to reach a deal on a path forward for the once-and-hopefully-still transformative social safety net and climate change bill by week's end. Manchin, as we discussed on yesterday's show, has apparently already gutted the legislation's central climate change provision, and is sure to force the removal of many other wildly popular provisions before all is said and done. But negotiation, in theory, means progress. And progress moving toward passage of the Biden agenda is better than the stalemate of recent weeks. One Senator quoted by The Hill describes the news as a "breakthrough". We'll see.

• And, in one other Congressional story today with the tiniest ray of sunshine attached to it, Republican Senators on Wednesday once again filibustered to prevent passage of the Manchin-approved Freedom to Vote Act, a transformative elections and voting rights bill that is desperately needed to counteract the anti-democracy and voter suppression laws being adopted by state Republicans around the nation in advance of 2022 and 2024. It's the third time Republicans have blocked Democrats' attempt to move to debate on their voting rights bill. The ray of sunshine here is that Sen. Angus King (I-ME), one of the other holdouts against the filibuster reform that is needed to pass the Act with a simple majority, now says he has "concluded that democracy itself is more important than any Senate rule." Let's see if Manchin and Kyrsten Sinema (D-AZ) get the message any time soon enough to reform the filibuster to pass legislation in hopes of actually saving democracy from the rising Authoritarian Front (GOP).

Then, we're joined by the great MARK JOSEPH STERN, Slate's ace legal reporter and U.S. Supreme Court expert, to discuss the draft report issued late last week by President Biden's blue ribbon panel of academics --- with remarkably little coverage by the corporate media --- on potential reforms for SCOTUS following its years-long bastardization and theft by the Republican Party.

The bipartisan Commission, created by the President in April with a mandate to study potential reforms for six months before issuing a report but not to offer formal recommendations, for some reason). They were tasked with studying the pros and cons of possible changes such as expanding the number of seats on the high court and/or the creation of term limits for Justices. The panel was comprised of 36 academics and Courts experts who, according to Stern, included "a lot of conservatives" with a number of "so-called liberals" who were "mostly moderates and institutional liberals who have a vested interest in a Supreme Court that looks favorably upon them. If you survey it all together, you see what is basically a faculty meeting of moderates and conservatives, with a few token liberals, none of whom were happy with this draft report. None of which is a recipe for any kind of real, meaningful reform."

"Notably," Stern observes, "not a single person added to the Commission had ever endorsed serious Court reform in the past, [while] there were many people who had said that they opposed Court expansion. So in some ways, this Commission was maybe rigged from the start."

While the deck was stacked against Court expansion, the idea of term limits didn't fair all that much better, according to Stern, who cites an obsession by the panel's members with what other nations might learn from a partisan restructuring of the U.S. Supreme Court. That said, as Stern notes, "we are the only country in the world that gives lifetime tenure to our judges and justices. It is obviously a huge mistake. But the committee comes from the perspective that it is basically a great idea and anyone who criticizes it bears a heavy, heavy burden of proving that it would make things better."

He charges that the panel appeared to be essentially "governing out of fear" and that its draft report "projects the worst possible outcome and says, 'We think this is what's going to happen so we shouldn't even risk it.'"

While the Commission's draft argues that America must be mindful that we are "a leader to the rest of the world," Stern notes, "this report does not even begin to grapple with the fact that no other country, except arguably India, gives its high court nearly as much power as we do. No European nation gives its high court the unfettered ability to veto all legislation. No other nation - not Israel, not Chile or Argentina, not Mexico, not Canada --- none of them allow the court to simply smack down any kind of legislative action that it deems to be violative of the Constitution. That's not how judicial review works anywhere else."

"If these scholars took a look around," he argues, "they would realize that other countries have decided our system doesn't work too well, that they want to do something different. I think there's a lot of merit to that, and I find it very disappointing that they don't even grapple with that."

Of course, he has many more observations, including on what appears to be a "one-way ratchet" where the panel cites public opinion polls as a reason to oppose Court expansion, while ignoring the "overwhelming" public polling from across the entire political spectrum favoring term limits and opposing lifetime appointments for U.S. judges and justices. "Giving anyone that much power for so long is just objectively crazy." The draft report also includes a number of flat-out lies and tries to "lay equal blame at the feet of both parties" for the crisis of public confidence, unprecedented in modern times, now befalling SCOTUS. Stern hopes that some of the Commission's liberals, such as the NAACP's Sherilyn Ifill, may correct the record before their final report is issued and used by Republicans for eternity to claim that "Even Joe Biden's court commission opposes term limits!"

Finally, in our closing few minutes, Stern explains the pathetic roller coaster legal rulings that have allowed Texas' new anti-abortion law, S.B.8, to stay in place for now, despite its clear violation of decades of 'Roe v. Wade's legal precedent, and the terrifying ease with which the GOP's stolen and packed Supreme Court is preparing to overturn that and other long-settled precedents.

"You should be terrified," he warns. "We should all be terrified. And we should all be aware that if we choose not to expand the Court, that we are going to have to live with this current conservative super-majority for years, if not decades."

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On today's BradCast, I share an idea that I've thought long and hard about, struggled with and, frankly, never thought I'd have, much less recommend, as this idea is essentially counter to everything I have long fought for as a democracy advocate. But, as they say, desperate times...and all that. [Audio link to full show follows this summary below.]

Next Wednesday, Senate Majority Chuck Schumer has told Democrats, he plans to bring up the Freedom to Vote Act for a cloture vote, which --- if successful --- would then allow the Senate to proceed to debate on the bill that is critical right now for the survival of American democracy itself. Even if passed, Freedom to Vote won't save everything, of course, but it will help. Big time. The Joe Manchin-approved "compromise" version of the For the People Act (which has already been passed by the House) would, among a boatload of other long-overdue things, institute automatic voter registration and minimum requirements for Absentee and Early Voting in all 50 states; adopt rules that would limit the most disenfranchising Photo ID restriction laws; require hand-marked paper ballots for all voters(!); and prevent extreme partisan gerrymandering among other much needed stuff that would benefit all voters and democracy itself --- if not necessarily the Republican Party, as they see it, while they continue to lie about the bill in order to place party above both country and democracy.

Next week's cloture vote on the measure is likely to be supported by all 50 members of the Democratic caucus in the Senate. But it is unlikely to be allowed up for debate in the minoritarian Senate because, unless Manchin and any other Democratic obstructionists agree to reform the filibuster to allow democracy saving legislation to pass with a simple majority, it won't receive the 60 votes needed to overcome a Republican obstructionist filibuster. That, as GOP-controlled states across the country continue to adopt measures making it harder for (certain) voters to vote and easier for Republicans to cheat by overturning election results they don't like by partisan fiat.

In 2010, the GOP's so-called "REDMAP" program succeeded with Republicans taking over state legislatures in order to draw extreme partisan gerrymanders following that year's decennial census to assure themselves majorities in both statehouses and Congressional delegations for the ensuing decade, even when receiving a minority of the vote. Now that the 2020 census has been completed --- and the GOP's stolen and packed U.S. Supreme Court has determined that federal courts may not intercede to block partisan gerrymanders in any way --- those same Republican state legislatures are in the process of drawing even more extreme gerrymanders for partisan advantage over the next decade. Experts say that "red" states are now in the process of redistricting in such a way that even if the nation voted exactly as it did in 2020, Republicans would end up taking control of the U.S. House --- even with millions of fewer votes than Democrats receive for their elected members of Congress.

That is just part of the near future that all Americans can look forward to if the Republicans and Democrats like Manchin and Kyrsten Sinema in the Senate prevent passage of the Freedom to Vote Act along with its federal restrictions on extreme partisan gerrymanders.

While I hate the idea, all one has to do is take a look at what the Texas legislature (and others like it) are currently up to and planning this year to realize that it's time --- at least if Freedom to Vote is not adopted --- for Democratically-controlled states to answer the GOP assault on democracy by instituting their own extreme partisan gerrymanders in response.

As noted, I hate that idea. It is, at least on the surface, counter to the small "d" democratic ideals that I have always fought for. But, at this point, with the American democratic experiment now teetering toward unstoppable authoritarianism, unilateral disarmament by Democrats seems more like a suicide pact. Yes, for Democrats, but, much more importantly, for democracy itself.

I suspect not everyone will agree with me here, including my guest today. I'm joined by the man who actually wrote the book on partisan gerrymanders, DAVID DALEY of FairVote.org. His book on the GOP's REDMAP assault on democracy is called Ratfucked: The True Story Behind the Secret Plan to Steal America's Democracy. His more recent follow-up, out this year, is Unrigged: How Americans Are Battle Back to Save Democracy.

Daley details the horrors to come from the GOP's extreme gerrymandering plans that we will see in the next few weeks and months, describing them as "really bleak for the Democrats on the redistricting front". For example, he explains, "if you look at the 2020 election, Democratic candidates for the U.S. House won 4.7 million more votes than Republican candidates, but that only turned into a 5 seat majority. Republicans, simply by redistricting in Texas, Georgia, North Carolina and Florida alone --- before you even get to the handful of other states where they can pick up individual seats --- could probably get at least twice the number that they need to flip the House simply by gerrymandering those states."

But, even as he argues in favor of "Constitutional hardball" from Democrats, he does not agree with me that Dems should participate in the same sort of behavior in response when it comes to redistricting this year, describing it as "rearranging deck chairs on the Titanic." He explains why, and we debate the issue on today's program.

I welcome your thoughts on this matter via email or in comments below, as I hope to discuss this more on the show in the days ahead.

Finally today, as if anyone needed more evidence of the dangers that await a fully Trumpified GOP takeover of democracy (even more than has already occurred), at least one Republican candidate running for the House of Delegates in Virginia next month should scare the hell out of you..and, for reasons that Desi Doyen explains, especially Virginians...

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From legal and election wonkery to supply chain wonkery, there is no wonkery that is too wonky for today's BradCast! But I suspect (or, at least, hope) you'll find it a pretty good show nonetheless. And you'll even find out why I actually agree (mostly, sort of) with not one, but two of Donald Trump's dumb, manipulative, self-serving statements he released yesterday! [Audio link to full show is posted below at end of this summary.]

• First up, Steve Bannon is in trouble. He has no legitimate legal claim to not answer the subpoena of the U.S. House Select Committee on the January 6th attack for both testimony and documents. Yet he's taking his (bad) legal advice from the disgraced former President and may wind up in jail because of it. If --- and it's still a big if --- Attorney General Merrick Garland is up to the job he was appointed to. We bring you up to date on all of the Committee's subpoenas to date, and who, other than Bannon, may also soon be facing criminal contempt charges.

• Then, on Wednesday, Trump issued two dumb statements that we, shockingly. can (mostly, sort of) get behind. The first one was simply this: "If we don’t solve the Presidential Election Fraud of 2020 (which we have thoroughly and conclusively documented), Republicans will not be voting in ‘22 or ‘24. It is the single most important thing for Republicans to do." --- Of course, there has been zero evidence of election fraud of any note from 2020 documented thoroughly or otherwise. But we definitely agree his Republican supporters should absolutely stay home during next year's mid-terms and 2024's Presidential election. It's just the right thing for Republicans to do. That said, I also explain why this statement may suggest that Trump, contrary to conventional wisdom of late, may not be planning to run for President again.

• Next, on Wednesday, a state Superior Court judge in Georgia (I misspoke on the show, describing this as a federal case) dismissed [PDF] the last major legal challenge still pending to the 2020 Presidential election in the state. It's a civil complaint filed by lead petitioner Garland Favorito of VoterGA. He has been on this show several times over the years, and who I've known him as an election integrity advocate long before Trump decided to pretend to be one. As explained, while I've got some problems with Favorito's lawsuit and, in fact, a number of claims he's made regarding the 2020 election since being discovered by the MAGA Mob (who, like Trump, also had zero interest in actual election integrity until now --- and still don't, to be frank), his lawsuit should not have been dismissed. At least not on the grounds that the Judge Brian J. Amero did so.

  The petition, seeking a physical inspection of absentee ballots in Fulton County (Atlanta), charges, among other things, that "pristine" counterfeit ballots --- never folded and bubbled in perfectly, as if by a computer --- were discovered during one of three statewide post-election "audits" last year. The evidence for the claim is largely based on allegations made by a woman who participated in the state-run hand-count "audit", though the affiant reportedly never brought the matter to the attention of officials during the audit and her story has changed somewhat over time, as she received attention from the MAGA media.

  Nonetheless, investigators from Republican Sec. of State Brad Raffensperger's office told the court this week that they examined the ballots in question, and reported to the judge that they could find no such "pristine" counterfeit ballots in the batches specified by the complaint. While the judge says he reviewed that report by the state investigators, he says his dismissal is for a different reason. He held that the petitioners had no legal standing to sue, since they could show no "particularized injury," affecting them "in a personal and individual way". In other words, while their complaint could be true, it affected all Fulton voters, not just Favorito and friends.

  It's not Judge Amero's fault. The judicial theory is absurd, but it is based on a ruling by the state's 11th Circuit Court earlier this year. It was used as the basis to dismiss a separate attempt to overturn Georgia's 2020 elections results filed by L. Lin Wood, one of several Trumpy attorneys who, like Rudy Giuliani and Sidney Powell, have had laughable, evidence-free 2020 "fraud" cases tossed out of courts and have been sanctioned for filing them. But the notion that a petitioner can't sue in Georgia, essentially because everyone has been affected by a certain alleged wrong, is a very bad precedent. And it's likely to harm other important and actually legtiimate lawsuits in the Peach State.

  More to the direct point here for now, as Favorito correctly noted in response to the ruling, according to the Atlanta Journal Constitution: "All citizens of Georgia have a right to know whether or not counterfeit ballots were injected into the Fulton County election results. It is not adequate for any organization [in this case, the inspectors at the Sec. of State's office] to secretly tell us there are no counterfeit ballots and refuse to let the public inspect them."

  He is right. And so was Trump --- accidentally and disingenuously, of course --- in his own dumb, self-serving response to the court's ruling on Wednesday when he correctly asked "Why can't the public see the ballots?" (Most of the rest of his statement was either wrong or ridiculous.) Favorito says he will appeal.

  As explained on the show in more detail, public elections belong to the public. And only public oversight of public elections offer any chance of avoiding the situation we are now in where dishonest cretins, like Trump and his supporters, can falsely claim fraud. Secret vote counting by computers and ballots kept beyond the (controlled) reach of the public will guarantee that such claims --- legitimate or otherwise --- will continue to be made in future elections. That is a grave threat to democracy itself --- just in case you haven't noticed. It is the one we are now facing. And it can only have a chance of being cured by public oversight. Favorito and the public should be allowed to visually inspect the actual physical ballots --- so long as he pays for the effort and the ballots stay in the custody of public officials (unlike what happened in the Cyber Ninjas' clown show "audit" in Maricopa County, AZ). If it reveals counterfeit ballots, good. We should know that. If it doesn't, even better. The claim can be, hopefully, put to bed.

  Anyway, more detail and explanation on all of this on today's program.

• Finally, Desi Doyen joins us for our latest Green News Report, on the disrupted global supply chain amid the pandemic resulting in a huge spike in energy prices and some very good climate news for both California under Gov. Gavin Newsom and the United States under President Joe Biden...

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On today's BradCast: We're nearly two years into this seemingly endless pandemic. If you happen to teach at a college or university in a "blue" state and have been vaccinated, you can probably go to work each day feeling relatively safe. If you work at a "red" state university, however, the story is very different. That, of course, is thanks to the twisted politics of our former President and those who either fear his wrath or have been brain-poisoned enough to put their own families and communities at risk because of it. [Audio link to full show follows this summary.]

But, first up --- mostly for Desi and other Trekkers like her --- we spend a few minutes on William "Captain Kirk" Shatner after he oldly went were a few have gone before. But while Shatner got a free ride to the edge of space for three minutes on Wednesday, courtesy of Jeff Bezos, it only serves as a reminder of the many essential, working class grunts who actually paid for his trip. On the other hand, some of Shatner's remarks upon return to Earth also remind us of our fragile climate and thin blue atmosphere that keeps us alive, even as we treat it like a garbage dump.

Speaking of essential workers, new data from the Labor Department this week reveals many are quitting their jobs in droves, particularly those forced to come face-to-face with an angry, frequently privileged, sometimes violent, often mask-free public right now in low-wage service jobs at bars, restaurants, hotels and retail outlets. The record number of workers quitting to look for better working conditions in August comes as businesses are struggling to find workers, with some employers --- gasp! --- forced to offer higher wages and benefits to stay in business.

But while it may be easy enough to leave one bartender job for a better one at an establishment that takes better care of its workers, it's not quite as easy for those who teach at colleges and universities. We've all seen endless videos of furious parents at local school board meetings, threatening school officials if they dare institute mask mandates to help keep teachers and children --- and their furious parents --- safe. But we've heard less about higher education faculty whose institutions, often in Republican-leaning states, find themselves at the mercy of GOP Governors mandating anti-masking rules or state-run boards (often controlled by the same rightwing politicos) who refuse to hear the pleas of college and university students and faculty alike.

Late last month, for example, more than 50 faculty members at the University of Georgia, many with expertise in the study of infectious diseases, signed a faculty statement declaring: "In order to protect our students, staff and faculty colleagues, we will wear masks and will require all of our students and staff to wear masks in our classes and laboratories until local community transmission rates improve, despite the ban on mask mandates and the USG [University System of Georgia] policy to punish, and potentially fire, any faculty taking this action."

We're joined today by DR. MATTHEW BOEDY, Associate Professor of Rhetoric and Composition at the University of North Georgia in Gainesville. He also serves as the Georgia chapter President of the American Association of University Professors (AAUP), where eight national chapters recently urged the federal government to step in to help keep faculty and students safe at public universities were Governors and school boards will not.

The USG is governed in the Peach State by the Board of Regents, many of whom are appointed by the sitting Republican Governor. "They generally follow the Governor's wishes in terms of policies," Boedy explains. But last year, "they pushed him aside and gave us a mask mandate when Gov. Brian Kemp said he didn't want any mask mandates." The rule was repealed in June, however, as the pandemic momentarily ebbed. "Then Delta came, and we desperately needed [another mask mandate], and they refused to have one because they weren't going to push aside the Governor a second time, especially in terms of how heated it has gotten. The Governor, of course, has banned mask mandates around the state."

As an expert in rhetoric, I asked about the irony of Republicans opposing mandates by instituting mandates against mandates. "The groups on the right and politicians on the right will use words in opposite of their intended meaning or their usual meaning to get what they want. They don't like mandates, but they'll push mandates in another way. It is truly cognitive dissonance," Boedy asserts. "And it just shows that this is not driven by science, it's not driven by common sense. It's not even driven by any type of logic that I can follow, because if you speak to these people, they just change in any direction that is against what you're saying. "

"As a rhetoric teacher," he continues, "I'm teaching a class on misinformation, and I'm doing it for this reason. It's just really difficult to get beyond the cognitive dissonance, and I'm trying to teach people not just to recognize it but to find rhetorical ways to persuade people who seem to not want to be persuaded." We wish him luck.

In the meantime, Boedy also details the actions that the AAUP has taken to try and get help for "red" state universities from government officials and the responses they've received from elected officials both at the state and federal level. He notes that in a state where "collective bargaining is barred by state law," they don't have unionized power behind them, but they had considered walkouts anyway, before deciding against it. At least for now. "We didn't want to punish our students for the deplorable actions of our university administration.  We didn't want to walk out. We didn't want to stop class. We didn't want to add to the punishment their getting with the lack of masks," he says. "What we're trying to do is keep up public pressure --- I call it a public shaming of our university leaders --- and hopefully, they respond. So far, sadly, they have not."

Boedy says, however, that they may get some help from the Biden Administration's Department of Education. In the meantime, we happened to catch him on "a dark day" for higher education in Georgia. On Wednesday, the Board of Regents made conditions arguably worse for professors in the University of Georgia System, as they voted on Wednesday to approve a new tenure policy allowing tenured professors to be fired without faculty input. "What we have now is tenure in name only," Boedy explains. "They erased the due process protections for a particular group of professors, ending tenure protections for them. So, the dominoes can certainly fall after that to the rest of us. But it is, yes, the death of tenure and due process in Georgia."

Finally, after a week or two of reporting on the recent oil spill off the coast of Southern California in Orange County on this show, some much brighter, somewhat related news. "The Biden administration announced on Wednesday a plan to develop large-scale wind farms along nearly the entire coastline of the United States, the first long-term strategy from the government to produce electricity from offshore turbines," according to the New York Times late today. We happily discuss...

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Well, we've got another news-packed, rant-packed, and (hopefully) democracy-saving BradCast for you today. [Audio link to full show is posted below this summary.]

Tune in for the most bang for your buck (by far), but among the stories and issues touch-stoned on today's program...

• NASA is launching a rocket to strike an asteroid in hopes of knocking it off its orbit as a test for future "planetary defense". What could possibly go wrong?

• Democratic U.S. Senators held a press conference outside the U.S. Capitol last week to insist that critical provisions to finally take on our climate crisis may not be removed from the Dems' proposed Build Back Better Act to win the support of obstructionist Senators Joe Manchin and Kyrsten Sinema. Rev. Lennox Yearwood of the hop-hop caucus, spoke at the presser, and laid out the "no climate, no deal" existential stakes. We share his important remarks.

• Speaking of the Dems' proposed, expansive, ten-year, $3.5 trillion bill, never mind the price tag. Unlike the accompanying smaller bipartisan infrastructure bill championed by Manchin and Sinema with Republicans, which is not fully paid for, the Build Back Better bill is, via small tax increases for wealthy people and corporations. But, lost in Manchin and Sinema's silly quibbles over the price tag for Build Back Better is the extraordinary number of wildly popular provisions in it, on everything from the expansion of Medicare to include hearing, vision and dental coverage for seniors, to free pre-K and community college, to 12 weeks of paid family leave, and, of course, the critical climate measures to move the nation's utility companies from dirty fossil fuels to clean, renewable energy. But that's a tiny sampling of what's in this long-overdue bill. MSNBC's Mehdi Hasan offers much more on what's actually in the most transformative piece of legislation since the LBJ- and FDR-eras --- and he does so in less than 60 seconds!

• Both the larger bill and the smaller bill compromising Biden's agenda must be passed (and soon!) if Democrats are to have any chance at holding off the Authoritarian Front (otherwise known as the Republican Party) in 2022. To that end, we've been discussing of late how the media (including us!) do not seem to be sounding the alarm bells as loudly as warranted, given the Trump/GOP assault on democracy itself in advance of next year's mid-terms and the 2024 Presidential race. A recent conversation on that point with media critic Eric Boehlert last Friday on this show, included a "major error", brought to our attention via email by a listener. After sharing the error with Boehlert, he issued a correction. Tune in for all the details today, but we are grateful to listener Linda C. for checking the facts and holding our feet to the same fire as we hold to everyone else's!

• In more American-democracy-on-the-brink news, top Republicans are still, shamefully, unwilling to say out loud that Joe Biden won the 2020 election fair and square, that it was not stolen from Donald Trump, and that there is absolutely zero credible evidence suggesting otherwise, nearly a full year since the election. Rep. Steve Scalise (R-LA), the second-highest ranking Republican in the House after minority leader Kevin McCarthy (R-CA), is the latest to prove his cowardice and refusal to say as much during a weekend interview on Fox "News".

• Speaking about his new book, Midnight in Washington: How We Almost Lost Our Democracy and Still Could, detailing Trump's two impeachments and the disgraced former President's attempt to steal the 2020 election by sending his supporters to attack the U.S. Capitol on January 6th, Rep. Adam Schiff (D-CA) discussed what happened that day on CNN this morning. Of note, as we share, he discusses the abject fear among GOP leadership to cross Donald Trump in any way, and the threat that poses to democracy itself. Schiff describes "the insurrectionists in suits and tie", like Scalise and McCarthy, who, "unlike those people climbing outside the building" on January 6th, "they knew it was a lie". But, in their "relentless attack on the truth," he explains, they are now willing to pretend that they don't know that Trump tried to steal the 2020 election.

• Longtime Republican columnist Max Boot, however, does know that the Big Lie was, in fact, a lie. He also seems to appreciate the threat it now poses to democracy itself. In his Washington Post column this week, he explains why, despite formerly being a lifelong Republican, he is now "a single-issue voter. My issue is the fate of democracy in the United States. Simply put, I have no faith that we will remain a democracy if Republicans win power. Thus, although I’m not a Democrat, I will continue to vote exclusively for Democrats ... until the GOP ceases to pose an existential threat to our freedom." Thank you, Max. I hope anyone who still supports democracy takes Boot's warning to heart because, as he notes, "What matters now is preserving our democracy."

• And what are Republicans doing where they do hold the power to govern instead of destroy? They're destroying. In Texas yesterday, Republican Governor and cowardly tyrant Greg Abbott issued an executive order certain to results in many more dead Texans. It prohibits any entity in the state, including private business, from imposing any COVID vaccine requirements for employees or customers. Because, freedom? At the same time, the Texas Republican Party chair who thinks Abbott isn't Trumpy enough, stepped down from the Chairmanship several months ago to oppose the incredibly-Trumpy Governor in next year's primary. That former chair is former Florida Congressman and loon Allen West, who, as of this weekend, is now hospitalized with COVID. He's now posting on Facebook from his hospital bed about taking hydroxychloroquine and the horse de-worming drug Ivermectin, while proudly swearing he's more anti-vaccine than ever and simultaneously proving he knows absolutely nothing about how either health care or even "Big Pharma" works.

  (For the record, even though he's a far-right wingnut loon, we went to bat for West and his supporters in 2012 after he got screwed by a major voting system tabulation failure during his failed reelection bid against Democrat Patrick Murphy in Florida that year. Scroll down his BRAD BLOG category page for some of the highlights. Just a helpful reminder for all of the brain-poisoned dupes stopping by the blog of late to say, "Hey, Brad what happened to you?! I can't believe you'd put party over country by failing to call out all the fraud in the 2020 election!" Yes, brain-poisoning is exceedingly toxic. Try some horse de-wormer, kiddies.)

• Finally, Desi Doyen joins us for our latest Green News Report, with her usual roller-coaster mix of horrific and hopeful (but mostly horrific) environmental news...

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Way back in January, we reported on "How Trump Attempted to Use DoJ to Steal the Election". Why do our nation's corporate media outlets, all these months later, still have so much difficulty reporting it as such, despite the growing mountain of evidence on the unprecedented attempted theft of a Presidential election by a sitting U.S. President? That's just one of a number of stories and questions asked on today's BradCast. [Audio link to full show is posted below this summary.]

Among those many stories...

• What took the Coast Guard and Amplify Energy Corp --- owner of the pipeline that spewed more than 3,000 barrels of crude oil into the waters and protected wetlands nearly Huntington Beach in Southern California last week --- so long to respond to the spill? Residents smelled it, witnesses saw oil on the water and on boats, and even the National Oceanographic and Atmospheric Administration (NOAA) called in their report to the Coast Guard of a possible spill spotted from a satellite. Still, it was almost 10 hours before the Coast Guard investigated, and almost 12 hours before Amplify shut it down. That, despite technology pipeline companies always (falsely) claim will immediately detect spills and shut down the system as soon as they occur. Someone needs to face criminal charges, and this nation needs to get off oil, ASAP.

• Some brighter news out of Texas, where a federal judge has temporarily enjoined the state's S.B. 8 statute that deprives women of their Constitutionally-protected right to an abortion. The new GOP law in the Lone Star State inserts Big Government between a woman and her doctor to mandate that the medical procedure may not be carried out after 6 weeks of pregnancy, before most women know they're pregnant. Even in the case of rape or incest, Texas Republicans are demanding that women carry their rapists babies to term under the new law. On Wednesday, a U.S. District Court judge shut that whole thing down. For now. He also refused to put his stay on hold pending the state's appeal, because, as he wrote in his 113-page decision [PDF]: "The State has forfeited the right to any such accommodation by pursuing an unprecedented and aggressive scheme to deprive its citizens of a significant and well established constitutional right."

• Yesterday, we reported that Senate Minority Leader Mitch McConnell and fellow Republicans blinked in their ongoing effort to block Democrats from lifting the nation's borrowing limit to avoid the economic calamity that would ensue when the U.S. defaults on its debts, for the first time in history, on October 18th. Today, after McConnell blinked, he and Majority Leader Chuck Schumer agreed on terms for the legislative process that Republicans will allow to let Democrats avoid disaster, at least until early December, when the GOP threatens the same economic terrorism all over again. AP (and other national outlets) continued to mislead the public by reporting: "the Republican and Democratic leaders edged back from a perilous standoff." But that's not what happened at all. The "leaders" (plural) did not "edge back", and it was not a "standoff". As  longtime journalist, author and media critic James Fallows has been expertly reporting for some time now, this was nothing more than a nihilistic Republican threat to tank the nation's, and the world's, economy. "To call it an 'impasse' or 'standoff' is misleading," writes Fallows this week. "This is the same kind of 'impasse' as one between a kidnapper demanding ransom for a captured executive, and a company that believes it should not pay. It is not a level-playing-field difference of view."

• The debt ceiling is hardly the only area where mainstream corporate media have been failing by ill-serving the public and our democracy. Today, they were joined in that disservice by the Senate Judiciary Committee Democrats, who released an otherwise very important report on how Donald Trump attempted to use the U.S. Dept. of Justice to STEAL the 2020 Presidential election. The 394-page report [PDF] was eight months in the making and is titled: "Subverting Justice: How the Former President and his Allies Pressured DOJ to Overturn the 2020 Election." Media reporting on the new report has taken to echoing that language (as they have since last November) in explaining how Trump tried to "subvert" the election, or "question" its results, or tried to "undermine" its legitimacy.  He used a "big lie" to try and pull off a "self coup". Of course, Trump did all of those things, but it was all in service to one single criminal objective: An attempt to STEAL the election!  Why do corporate media --- and Democrats, for that matter --- have such a difficult time calling it out as such? There is a mountain of hard, independently verifiable evidence to support that admittedly very serious charge, that I would never issue lightly. Today, Senate Democrats just added 394 more pages of said evidence to that mountain. Media need to start accurately calling out what happened here. A then sitting President of the United States abused the levers of his power to try and STEAL a Presidential election from the American people. It's as simple as that. Media should begin reporting it as such.

• Trump's attempted theft of the 2020 election continues, at least in hopes of stealing the next one. Despite the abject failure of the Cyber Ninjas in Maricopa County, Arizona (Sen. Dick Durbin called them "Ninja Turtles" today) to find any legitimate evidence of election fraud (or to even hand-count the results of the election accurately), the MAGA Mob is still continuing to waste tax payer dollars with phony "audits" and "investigations" of last year's election in other states. In Wisconsin, as in Arizona, Republican legislators have hired someone completely inexperienced in elections to investigate their loss in last year's election. In this case, the man placed in charge of the review is a former state Supreme Court Justice named Michael Gableman. This week Gableman admitted to the Milwaukee Journal Sentinel that he does not have "any understanding of how elections work." Great choice, Republicans!  I'm sure he'll very wisely spend the $676,000 in taxpayer money that you "conservatives" gave him. The effort may even be as successful as the Turtles'!

• Finally, Desi Doyen joins us for our latest Green News Report, with more on last weekend's massive SoCal oil spill; a new study finding that, globally, the fossil fuel industry receives $11 million in government subsidies every minute (no doubt Joe Manchin will be furious about their "entitlement society"!); and another notorious pipeline company with high-tech spill prevention technology is charged with dozens of criminal counts for pipelines that leaked into Pennsylvania's drinking water...

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