As it turns out, after so many years of warnings on The BradCast and at The BRAD BLOG, the local nightly news in Atlanta tonight sounds just like us, when it comes to concerns about the state's new touchscreen voting systems, and the same type of systems that are now used in at least 20% of the country. Of course, an urgent warning from one of the world's top experts, after examining GA's new electronic voting systems, finding they "suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes" does get ones attention. [Audio link to full show is posted at the end of this summary.]

But, first up, two Donald Trump attorneys in Colorado got sanctioned on Wednesday, bigly, for what the federal judge characterized in a brutal 68-page order, as a "frivolous", "not warranted", "bad faith" filing attempting to overturn the results of the 2020 election. It was summarily tossed last year. The judge called out the two lawyers, Gary D. Fielder and Ernest John Walker, for their complaint which, though it included many "sworn affidavits" claiming the election was rigged, actually included "no firsthand knowledge" of any fraud at all. The duo also made no effort to verify an included claim from Trump himself that Dominion Voting Systems had "deleted 2.7 million Trump votes." Describing their effort as "one enormous conspiracy theory," the judge charged the evidence-free allegations amounted to "the stuff of which violent insurrections are made." He ordered the Trump attorneys to pay the legal fees of all 18 entities named as defendants in their suit. More such serious sanctions are likely coming soon for other Trump attorneys as well, including well-known ones, in other states.

Down in Texas, meanwhile, Gov. Greg Abbott has called a second emergency special session of the state legislature to begin on Saturday, as the current one ends on Friday. The session is largely meant to force through a voter suppression bill that has now been blocked twice by state Democratic lawmakers who walked out to block a quorum that would allow passage of the measure in the GOP-controlled legislature. The state Democrats remain, for now, in D.C., where they are pleading with Congress to pass federal voting rights protections, as they remain out of reach of Texas state troopers who have been ordered by the Governor to arrest them and force them to attend what one lawmaker described as Abbot's "suppression session" in the Statehouse.

As a number of Democratic members of Congress call for their August recess to be cancelled, in order to allow passage of both Biden's landmark infrastructure passage and critical voting rights measures at the federal level, Georgia's Senator John Ossoff on Wednesday filed a federal Right to Vote Act. Currently, unbeknownst to many, there is no U.S. law or Constitutional mandate for such an affirmative right to vote for every eligible citizen. Add Ossoff's new measure (and matching legislation filed by Rep. Mondaire Jones in the House) to the list of measures that urgently need passage in advance of 2022 to counter GOP suppression efforts at the state level. Unfortunately, it's also another measure --- along with the For the People Act and John Lewis Voting Rights Advancement Act --- that will require reform of the filibuster first, since the Republican Party has now become little more than a Rightwing Authoritarian party that would never support an Right to Vote law in Congress.

Speaking of Georgia, there has been several remarkable developments over the past several days in the lawsuit by the Coalition for Good Governance seeking to bar the use of Dominion Voting Systems Ballot Marking Devices (BMDs) for all voters at the polling place. The Coalition's suit, which previously succeeded in winning a ruling in federal court that banned the state's 20-year old Diebold touchscreen systems, hopes to replace Secretary of State's 100% unverifiable new touchscreen systems, made by Dominion, with verified hand-marked paper ballots before elections in the state this Fall.

Last week, Atlanta Journal Constitution reporter Mark Neisse uncovered a secret study carried out by Raffensperger during the 2020 election finding that the vast majority of voters (81%) forced to use the touchscreen Ballot Marking Devices, didn't bother to review the computer-marked printouts before casting them for more than five seconds. A smaller majority (51%) either looked at their ballots for less than one second or not at all (20%) before casting their vote. In all, just 19% of voters, according to the Secretary's own taxpayer-funded study of more than 4,000 voters in 39 precincts last November, reviewed their computer-printed ballots to ensure accuracy for more than 5 seconds!

Remarkably, after AJC's Neisse obtained the study's results via GA's Open Records Act, Raffensperger, in a jaw-dropped Orwellian perversion of reality, claimed: "This research shows voters do indeed review their ballots for accuracy before casting them," before falsely asserting the study was "proof the votes that were counted were for the candidates the voters intended." Of course, if the results were so wonderful, it begs the questions as to why Raffensperger kept the study, and its results, a secret from the public.

Making matters even worse, one of the Coalition's own experts --- world-class voting system authority J. Alex Halderman, Director of the Center for Security and Society at the University of Michigan --- was granted access to the Dominion BMDs used in Georgia (as well as other jurisdictions, such as San Diego County, CA) to examine them for vulnerability to hacking and manipulation as part of the court case.

The results of his findings, the Coalition's Executive Director Marilyn Marks tells me, are so damning that the federal judge has refused to unseal them, even to the plaintiffs who hired Halderman! His report is currently sealed to all but the judge and the attorneys on both sides of the case. Neither the defendant, Raffensperger, or the vendor who manufactures and sells the systems, Dominion, according to Marks, have asked the judge to allow them to review the findings. They do not want to see them, for some reason. (Likely, because both would then be legally required to take action on the damning, 25,000-word report.)

For his part, while his specific findings are sealed right now by the court, Halderman has filed an urgent declaration [PDF] about the report, explaining that his findings must be "urgently" addressed by Raffensperger.

"My testing has shown that the BMDs used in Georgia suffer from specific, highly exploitable vulnerabilities that allow attackers to change votes despite the State's purported defenses," Halderman warns in the public declaration.

"Established practice in the security field would require State Defendants to promptly subject Georgia's voting system to rigorous testing in response to my report, to assess the extent and significance of each of the vulnerabilities I described, and to identify and promptly implement specific measures (where possible) to eliminate or mitigate each of those vulnerabilities." [Emphasis in original.]

The alarming declaration was enough, apparently, to spark the attention of local television media to finally cover the story that we've been warning about for more years than we can now count. We share 11-Alive (WXIA)'s very good coverage of this breaking and disturbing news from Wednesday night.

Finally, Desi Doyen joins us for our latest Green News Report, including news on the record heat wave accelerating in Europe and sparking scores of deadly wildfires; as a tourist town in California is now nearly out of water; and much more disturbing news from the bleeding edge of our worsening global climate emergency...

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It's one of those dark days on The BradCast. But we don't make the news, we just cover it. [Audio link to full show follows this summary.]

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

• NY Attorney General Letitia James releases a report finding Gov. Andrew Cuomo sexually harassed as many as 11 staffers and retaliated against one of them, in violation of both federal and state law. The third-term Democratic Governor continues to deny the charges compiled over 5 months by the AG and refuses to step down. President Biden joins the chorus of calls for Cuomo's resignation. The NY State legislature announces they will soon conclude their impeachment inquiry.

• New York City's outgoing Mayor, Bill de Blasio, announces that patrons of indoor leisure venues such as restaurants, gyms and shows will soon be required to show proof of vaccination. It's the first major U.S. city to require vaccination for use of businesses as the deadly and highly transmissible Delta variant of the coronavirus wreaks havoc, even in places like NYC where a higher-than-average percentage of the population has been smart enough to become vaccinated.

• We continue to share heartbreaking stories of those who waited to too long --- for any number of usually terrible reasons --- to get vaccinated. Today's story features a husband and wife in Texas who didn't trust the vaccine, but now wish they had. They've both been "very, very, very, very sick" in the ICU and on ventilators for weeks. They are now begging relatives to make sure their four children get their shots, as it was too late for both parents to do so.

• Florida is leading the nation of late in infections, hospitalizations and deaths, breaking their own pandemic records on the first two data points over the past several days. President Biden today noted that the states of FL and TX now account for one-third of all cases in the U.S. and called on their GOP Governors to stop making things worse by blocking local health mandates. But, Louisiana is also breaking its own pandemic hospitalization record, leading Gov. John Bel Edwards (D) to reinstate indoor masking mandates and Dr. Catherine O'Neal, Chief Medical Officer of the state's largest hospital, to issue a dire statement on Monday. She calls these the "darkest days" of the pandemic in her state, and is begging residents to mask up and get vaccinated. ERs in the state, she explains, are now unable to treat non-COVID patients, such as those having heart attacks or suffering from vehicle injuries.

• Whether the CDC will say it out loud or not, Pulitzer Prize-winning science reporter Laurie Garrett argues that the "science says" a third mRNA shot is going to be needed for all Americans --- and that those over 60 should already be getting them.

• And, yup, as TPM's Josh Marshall recently argued, citing the damage that mixed-messages from public health officials is causing, including to their own authority, while trying to coddle the voluntarily unvaccinated, "we need more blame": "We need to be placing the burdens on non-vaccination on the unvaccinated. And we need to be clear with the public that the problem is the non-vaccinated. They’re at fault. They’re to blame. And even more, the public influencers, celebrities and political actors who’ve driven resistance to vaccination are to blame."

• In lighter news, the month-old pro-Trump "free speech" social media network (just the newest of many) called GETTR --- created by Trump spokesperson Jason Miller and funded by one of Steve Bannon's Chinese benefactors --- is reportedly being flooded with pro-ISIS propaganda, including "reams of jihadi-related material...graphic videos of beheadings, viral memes that promote violence against the West and even memes of a militant executing Trump in an orange jumpsuit similar to those used in Guantanamo Bay." MAGA!

• Finally, as climate change hastens world collapse faster each day, Desi Doyen joins us for our latest Green News Report! Told you we had a dark show for you today!...

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

Among the stories discuss today...

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

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

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

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

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In the short term, the U.S. government can and should compel all citizens, other than those for whom the COVID vaccines may be medically contraindicated, to be vaccinated at the government's expense. It should also insist that the major U.S. pharmaceutical companies contractually waive their right to enforce their COVID vaccine intellectual property rights before a World Trade Organization (WTO) tribunal.

Long term, if we place a greater value on human life than we now do with respect to obscene levels of wealth accumulation by a privileged few, both the U.S. and other governments should renegotiate the TRIPS agreement so as to eliminate intellectual property rights of pharmaceutical companies over life-saving vaccines developed with the aid of public monies.

Alternatively, the U.S. and other governments should take a hard look at whether their respective pharmaceutical industries should be nationalized...

Today's BradCast should serve as yet another wake up call for those of us who may need one. [Audio link to full show is posted at end of this summary.]

First up, Washington Post revealed on Friday that Donald Trump, late last year, attempted to order his acting Attorney General to declare that the 2020 election was "corrupt". To his credit, the acting AG refused to, since there was no evidence of systemic fraud that might have reversed Trump's painful loss to Joe Biden. And, to the credit of the acting AG's staff, all of this was documented in real time with contemporaneous hand-written notes --- from that call and similar ones that reportedly took place on a near daily basis --- with the desperate loser President calling with fraudulent information from the Internet about "fraud". Those notes from the DoJ have now helpfully been handed over to Congress, so there will likely be more to come.

Of note, however, was Trump's response when he was told there was no evidence that would "change the outcome of the election." According to the hand-written notes of senior DoJ staff, Trump replied: "Just say the election was corrupt [and] leave the rest to me and the [Republican] Congressmen."

It was enough, for Trump's dishonest purposes, for the DoJ to simply say the election was "corrupt", even though there was no such evidence to support such a claim. It was similar to how, as we learned during his first impeachment, he wanted the President of Ukraine to say they were investigating Joe Biden and his family for corruption, even though they actually weren't. This is how a liar and a con-man and, yes, how a wannabe autocrat works.

But where Trump's pathetic attempt to stay in power failed last time, that may not be the case in the near future, as many respected voices are now warning. Fox "News" may say the Left is a bunch of autocrats and fascists, but that's only because they hope you won't notice that the Republican Right actually is, and becoming more so by the day. Many respected scholars and pundits from both the Left and the not-insane Right, such as David Frum and Steve Schmidt, are trying to warn about exactly that in advance of the 2022 mid-terms. Schmidt, John McCain's former Campaign Manager, asserted in a Twitter thread this past week, for example, that Trump will be the GOP nominee in 2024, adding that "the Pro-Democracy coalition is sleep walking into the ‘22 election and the stakes couldn’t be higher."

U.S. Naval Academy and Air Force Institute of Technology graduate BRYNN TANNEHILL, who served as a longtime naval aviator, with deployments to the Adriatic, Middle East and North Atlantic, says today that she shares a number of Schmidt's concerns. Her recently published book, hoping to call attention to the unprecedented perils the nation is now facing, is called American Fascism: How the GOP is Subverting Democracy. She joins us on today's show for a chilling, if insightful conversation.

As an investigator of shoot-downs in the military, she explains that she decided to approach this topic not unlike the NTSB might investigate a crash scene, examining every single potential factor that could have played a role in the disaster. "My book traces back some of the roots of the modern Republican Party all the way back to slavery and the Civil War," she explains, "to kind of give an historical sense of where this came from. [It] looks holistically at a lot of the different factors, including the media, loss of faith in science, how white evangelicals are different, how the system has been manipulated, the role of wealth inequality," examining "like an NTSB investigation, as many of the driving factors behind where we are today as possible."

But her clarion warning of where we now are is as chilling as her comparison of the Trump-incited failed insurrection at the U.S. Capitol on January 6th with Hitler and the Nazi's failed Beer Hall Putsch of 1923. "What Republicans can take away from [Jan. 6] is that even when there is a naked attempt at a coup, it costs them nothing. If they attempt to steal democracy by simply overturning an election, there's going to be even less consequences. That's our lesson."

Her book documents (and explains) what she describes as the rise of "competitive autocracy" in the U.S. or "managed democracy" as Russian President Vladimir Putin refers to it. "It's a type of government that has emerged since the end of the Cold War. Essentially, you have a democracy, or something close to a democracy, and then one party wins an election and then changes the rules, such that the incumbent party can essentially never be removed from power.  There are still elections. They are still very often 'free' in the sense that anybody can vote, and there's not just one person on the ballot. But the election through various means has been rigged such that the playing field has been so tilted that you can't remove the incumbent party from power."

We are seeing exactly that, as GOP-controlled states are changing the rules of elections right now, not only to make it harder for Democratic-leaning voters to vote next year and in 2024, but to allow them to replace election officials with partisans who can reverse election results no matter how the electorate actually votes. (See, for example, my conversation last week with now-former Morgan County, Georgia Board of Elections member and longtime voting rights champion Helen Butler who was just removed from her seat on the Board by the partisan County Board of Supervisors after 10 years, following the approval of the state's Republican Governor Brian Kemp.)

Citing similar democracies-turned-autocracies, she points to Russia, Hungary, Poland and others countries, noting that once a nation has headed down the path we are now on, historically, none of have been able to reverse course. "Hungary is absolutely a fascist movement," Tannehill points out, following the 2010 election of Victor Orbán, "and they have absolutely ended democracy there. That's a real danger, in the sense that we have a party that regards democracy as a hindrance to their goals, and their goals of establishing a particular kind of country is more important than the democracy itself."

So does the U.S. stand a chance of turning the tide? "The problem is the system is broken," she argues. "it is so easy to thwart solutions, via Congress, the Presidency, the courts, that it's really unlikely that a lot of the necessary solutions could ever happen.  For example, Senators representing only 19% of the American population can block virtually any legislation that they want to in the Senate."

"To an extent," Tannehill tells me today, the Founders, who thought their system of democracy would prevent a wholly unqualified person from being able to become President, "never dreamed that their vision for a country would be so corrupted that you would have legislators who would overturn elections based off of lies. They also never dreamed that the parties would become so powerful that they would pick the electors for the Electoral College.  The Electoral College was meant to prevent people like Trump."

There is much more to today's conversation, including a bit of hope. No, all is not necessarily lost, as grim as all of this sounds. But unless folks begin to appreciate the dangers of this moment in history, things could get very much worse --- and soon --- before they get better...if they ever do.

Finally, following that dark (if enlightening) conversation, some slightly more encouraging news. After Trump's DoJ spent years ignoring the plain text of the rule of law --- as authoritarian administrations do --- in refusing to enforce the federal statute requiring the IRS to share Trump's tax returns with Congress, Biden's DoJ has reversed course. In a memo issued today by the DoJ's Office of Legal Counsel (OLC), the Department has declared that, in fact, the Treasury Dept. must turn over those long-sought documents to the House Ways and Means Committee after their lawful requests beginning in 2019. Better late than never anyway. And it's nice to see an Administration with some apparent actual respect for law and order once again.

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Today's BradCast, by and large, serves as another fine example of why we fight, and what we fight for. [Audio link to today's full show is posted at the end of this summary.]

Among our stories today...

• We've got an update following yesterday's lively interview with John Brakey, the longtime, progressive Election Integrity and audit expert who has been serving as an observer and advisor at the Maricopa County, Arizona 2020 election "audit", alongside the state's Republican former Sec. of State Ken Bennett. Bennett was tapped by the GOP state Senate in April to serve as its liaison to the ill-considered clown show "audit" they hired the inexperienced, partisan, conspiracy theorist company named Cyber Ninjas to carry out. Last week, Bennet was shamefully locked out of the building after he'd shared information from the third count of the County's ballots with experienced outside experts who seem to confirm that the Ninjas' original ballot tally was wrong. In fact, they suggest that the original County count was accurate (as expected, by all by the Trump MAGA mob). As of yesterday's show, Brakey had confirmed that Bennett was resigning his post after the dust up. But shortly after we got off air, Brakey reports, Bennett met with Senate President Karen Fann and, essentially, unresigned. We explain what happened and what may happen next, as even Republican members of the state Senate are now describing the effort as "botched" and turning hard against both the Ninjas for their incompetency and Fann for her folly in having hired them.

• Despite the obvious failure of the Ninja's disastrous pretend "audit" in Arizona, Republicans across the country are noticing the millions of dollars raised by the grifters running that spectacle, and have decided they'd like some of that sweet sweet "audit" theater in their own home states. But on Wednesday, the U.S. Dept. of Justice issued new guidance documents, warning that they intend to enforce federal laws that may be violated by such exercises.

• In separate, but related guidance on Wednesday, the DoJ also also made clear they intend to enforce federal voting rights laws against states enacting new voter suppression measures, as GOP-controlled legislatures are now doing all over the country. That, even as recent rulings by the GOP's stolen and packed SCOTUS has made such enforcement much more difficult, in lieu of new federal laws needed to protect the franchise.

  To that end, the House Oversight and Reform Committee on Thursday held a hearing on, among other things, the Texas state legislature's attempt to adopt such a bill. Texas Democrats left the state two weeks ago to prevent the quorum needed to pass such a bill during the ongoing special session called by Gov. Greg Abbott to do just that. And today, 82-year old state Rep. Senfronia Thompson --- the longest serving woman and African-American woman in Texas history, now in her 25th term --- offered moving testimony about her and her family's personal experiences with Jim Crow voter suppression laws in the Lone Star State. We share some of her must-listen remarks in response to GOP Congressmembers at the hearing who downplayed the difficulty of minority voters to exercise their right to vote.

• With COVID surging again, thanks to the Delta variant and those who have refused to get life-saving vaccinations, President Biden announced new initiatives at the White House today, following impassioned remarks to encourage Americans to get their shots. "This is an American tragedy," he said. "People are dying --- and will die --- who don't have to die. If you're out there unvaccinated, you don't have to die," the President pleaded before detailing the new incentives. Among them: Paying the unvaxxed $100 to get their shots; Expanding federal reimbursement for employers and employees to take time off to get both themselves and their families inoculated; and a new requirement for federal workers and contractors to either get vaccinated or face regular testing and other restrictions.

• Finally, we close today with a mix of both encouraging and disturbing climate news with Desi Doyen in our latest Green News Report...

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We've spent many years on The BradCast and at The BRAD BLOG explaining why touchscreen Ballot Marking Device (BMD) voting systems, like those used across the entire state of Georgia and in Los Angeles County, can never be known to accurately reflect the intent of any voter. We've also spent some time discussing why Voting Centers --- where voters in a county may vote at any center, rather than at their precinct --- may be convenient for voters, but are otherwise a terrible idea. As today's guest illustrates, those two terrible ideas came crashing down together at the expensive of election integrity and citizen oversight in a ballot measure election in Long Beach, California last November. And he's got the lawsuit and incredibly close election results to prove it. [Audio link to full show is posted below this summary.]

But, first up, the tragic stories from the COVID vaccine denier set, who are realizing --- only once it was too late --- that their denialism was, to say the least, ill-considered, continue to roll in. A state lawmaker in Missouri. A Trump-supporting couple in Sacramento. A rightwing radio host from Tennessee. A 34-year old anti-vaxxer in Los Angeles. Those who survived have come to regret their denialism. The families of those who didn't survive are now wishing their loved ones had taken their shots, and hope that you will do so now, if you haven't already.

The stories are tragic. But if continuing to tell them may help save a life, I'm happy to keep doing so on the air, as COVID spikes across the nation, almost entirely among the unvaccinated. That is thanks to the delta variant of the coronavirus and the 97% of the hospitalized who dreamt up all sorts of reasons to not take readily accessible and highly safe and effective vaccines. Many of their reasons for having failed to do so are based on misinformation spread by power hungry and/or ignorant politicians and personalities. The results are deadly and affect all of us, even the vaccinated.

In the meantime, thanks to the vaccine refuseniks, the vaccine mandates are now coming. Not a moment too soon. In New York City. In California. At the federal Dept. of Veterans Affairs.

Then, we've spent years reporting on California's election recount laws. In one sense, they are very good in that they allow any voter in the state to request a hand-count of any race, in any precinct or precincts they like, as long as they pay for it. (They are refunded if the count reverses the certified results.) But the law also allows each county Registrar of Voters to determine the price for those counts. As we've reported over and again for the past 15 years or more, the state law results in County Clerks arbitrarily and capriciously setting prices to pretty much anything they like, with a huge disparity among counties. It may cost a few cents per ballot to hand-count in Orange County, while Los Angeles is now charging well over two dollars per ballot.

The price in L.A. County, set by Registrar-Recorder/County Clerk Dean Logan, has just sky-rocketed, thanks to Logan's new touchscreen voting systems and the ill-considered use of Vote Centers that allow voters to vote at any Center they like, rather than the old precinct model of voting. One of the many problems with Voting Centers is that they make it almost impossible for Election Integrity advocates and the public in general to oversee tallies to ensure they are accurate and ballots are not stuffed into the boxes.

Another problem became crystal clear when the City of Long Beach held a ballot referendum last November to extend a city sales tax. The initiative, Measure A, passed by just 16 votes out of some 100,000 cast. When a group of citizens who opposed the measure sought a recount (California has no automatic recount law, no matter how small the margin, and though Logan could have chosen to recount it himself, he did not), they were in for a shock.

The County Clerk's handbook published before the election suggested that the count would cost them around $50,000, which they raised to pay for the count. That was before Logan informed them, just before the hand recount was to begin, that the cost would actually be closer to the $200,000 range, putting any kind of oversight out of reach to the local activists.

Why the change in pricing? Thanks to Vote Centers, ballots cast across L.A.'s county of some 4 million voters, are not sorted by precinct, even though state law requires that recounts be done by precinct. That means the County must spend HOURS sorting through millions of ballots to find the ones that included Long Beach's Measure A. Logan, who developed both the new touchscreen systems and the Vote Center model here, is charging the recount requesters for those hours, due to his failure to create an overseeable, sorted system of ballot tracking.

We're joined today by IAN PATTON, co-founder and executive director of the Long Beach Reform Coalition, to explain what happened, why the group was forced to call off their request for a recount, and why they are now suing the County instead, to charge them the original price they had expected to pay.

"This has been really eye-opening to me. Like waking up out of a slumber to a nightmare," Patton, who used to work as a staffer in Congress tells me today. "A paper trail is useless if you can't actually count it."

As the Long Beach Press-Telegram suggests in its reporting on this, the "Future of LA County election recounts could hinge" on this suit. It will be heard next month. But the future of Vote Centers, not just in Los Angeles, but across the country, where a number of jurisdictions are moving to them or considering the model, could also be affected by what goes on in L.A., the nation's most populous county...

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We've been reporting for months on the voter suppression laws being adopted by Republican-controlled states around the nation. But, in addition to disproportionately blocking minority groups from access to the ballot, we've also warned that many of these GOP state laws allow for the removal of qualified election officials, for virtually any reason, and replacement with partisans who may now undermine election laws and overturn election results. One of those longtime election officials who has just been removed in Georgia following the passage of the state's SB202 suppression law --- a woman who also happens to be a fierce, longtime voting and civil rights champ --- joins us on today's BradCast. [Audio link to full show is posted at end of this summary.]

First up, however, it's like the early days of the pandemic all over again in a number of very sad ways. Today, we have more sad news of misinformed, Trump-loving Republican COVID deniers and vaccine refusers who believed the pandemic was a hoax, and who are now tragically --- an unnecessarily --- being felled by the virus, despite the widespread availability of life-saving vaccines in the U.S. One doctor in Alabama wrote this week about sick patients begging for the vaccine, just before being intubated and told "it's too late."

Next, we add one important point to our detailed fact-check on yesterday's program in response to Cyber Ninjas CEO Doug Logan's ridiculous (and uninformed) suggestions that tens, if not hundreds of thousands of fraudulent votes may have been cast last year in Maricopa County (Phoenix), Arizona. His remarks were offered to a state GOP Senate panel last week, after the three month-long (and counting) "audit" theater his company was contracted to carry out of last year's election results, despite their lack of experience in elections or knowledge of voting systems. Those comments were then misinterpreted and amplified by the former President of the United States to falsely suggest the election in Arizona was stolen from him last November.

But there was one point from last week's forum that we didn't have time for yesterday. It included testimony claiming that Maricopa's computer voting and tabulation systems were wildly unsecure because their operating systems and anti-virus software hadn't been updated since the day Dominion Voting System's software was installed on the machines. It's true that those computers had not had security updates and patches applied since their first use in 2019. It's true that that is a "tremendous vulnerability" for those systems, as claimed at the forum. And it's also true that there is a very good reason why the software has not been updated since then --- which, had the AZ GOP Senate hired people who actually knew anything about voting systems, they would already have understood. We explain.

The story underscores the value of election officials --- and election auditors --- who are actually experienced and qualified for the job. Unfortunately, since Donald Trump launched his evidence-free Big Lie that the election was stolen from him, Republicans have been adopting laws in several states making it easier to remove experienced election officials and replace them with partisan patsies.

Nowhere is that more clear than in the great state of Georgia, where the GOP-controlled state legislature recently adopted SB202 in order to prevent certain voters from easy access to the ballot. That law, and others being adopted locally around the state, have resulted, according to the New York Times last month, in "members of at least 10 county election boards [who] have been removed, had their position eliminated or are likely to be kicked off...they will most likely all be replaced by Republicans."

HELEN BUTLER was one of them. She is one of the state's most prominent advocates for voting rights and the award-winning Executive Director of The Georgia Coalition for the People's Agenda, founded by the late civil rights icon Rev. Dr. Joseph Lowery (who founded the Southern Christian Leadership Conference with Martin Luther King, Jr.) She is also a ten-year veteran of the bipartisan Morgan County, Georgia Board of Elections in the Republican-leaning rural enclave east of Atlanta. Or, at least, she used to be. After approval by the state's Republican Governor Brian Kemp, Butler and the rest of the Board Members were replaced at the end of last month. The Board Members will all now be selected by the partisan County Commission, instead of built from members selected by local political parties.

On today's show, Butler, who testified on voting rights at a U.S. Senate Rules Committee field hearing this week in the state, explains the reason the Commission voted to remove the Board, claiming that it was "dysfunctional", but never explaining what that meant. "We were never brought up for any Secretary of State's violations as long as I was a member of the Board," she explains. In short, Butler suggests, she was removed because the Board hired a diverse group of pollworkers and worked hard to make sure everyone, of all parties in the County, could vote and that their votes were counted as cast.

SB202, among other things, now makes it harder to vote by mail, bans absentee drop boxes, and blocks the distribution of food or water on long voting lines. Eight different lawsuits, including those filed by The People's Agenda and the U.S. Dept. of Justice (as well as the Coalition for Good Governance, for which, FULL DISCLOSURE, I am serving as a named plaintiff representing media) have now been filed in hopes of blocking the law for a host of reasons, including the disproportionate difficulties that will now be faced by minority voters. Butler describes SB202 as a "voter suppression takeover".

But the ability to remove and replace long-serving, qualified election officials with partisan appointees who can refuse to certify elections is certainly among the most chilling aspects of the law, Butler warns. She argues that, had these new laws been in place last year, Trump's attempt to "find" enough votes to overturn his loss to Biden in the Peach State --- as we all heard in his recorded (possibly illegal) telephone call with Republican Sec. of State Brad Raffensperger --- would have been easy.

Our broad conversation, on a lot of these issues, also includes her thoughts on the ongoing investigation by the Fulton County (Atlanta) District Attorney into Trump's attempt to overturn the election. Butler also offers her plea for federal legislation, such as the For the People Act and the John Lewis Voting Rights Advancement Act, to help overcome the state-based attacks on voting.

The delightfully optimistic Butler then ends our discussion with an ominous warning: "This is our darkest hour," she tells me. "This is our Selma moment, and we must act.  This is not just for black people or people of color. It's for all of us, for all Americans to have equal access to the ballot. Democracy is at stake here.  So people have to understand it's not about black people voting, this is about democracy. This is the moment. We really need to be paying attention and act to get the right people elected that will preserve democracy for America."

Please tune in for today's important show...

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On today's BradCast: It's not only Trumpers who are wildly misinformed when it comes to the COVID vaccines. Callers ring in today (many who claim they are not Trumpers) to explain their reasons...as deadly and misinformed as they may be. [Audio link to full show is posted below summary.]

First up, however, as the clown show "audit" theater by the Cyber Ninjas continues into its third month in Maricopa County (Phoenix), Arizona, Associated Press has published their own analysis of voter fraud in the state last November, as based on actual evidence. Through public records requests filed in each of AZ's 15 counties, the news organization has found there is evidence for fewer than 200 potential cases of voter fraud last year out of more than 3 million votes cast. That's a very far cry from the "massive voter fraud" our disgraced former President has claimed was carried out to give Joe Biden his 10,400 vote victory in the state. The evidence comes via both Democratic and Republican County and State officials, including investigations currently under way by Arizona's Republican state Attorney General. To date, indictments have been filed in just four (4) cases. Two of those cases involve Democrats, two involve Republican voters. Most of the known cases are unlikely to result in charges, as many of them could be book-keeping errors or innocent mistakes by voters who attempted to vote twice (once by mail and once in person, or even in two different states) for perfectly understandable reasons we discuss on today's show.

Then, as the Delta variant of the coronavirus tears through largely unvaccinated pockets of the country, COVID infection, hospitalization and death rates are on the rise again in the U.S. While the vast majority of those who become severely ill and/or die are unvaccinated (more than 95%), the threat of new variants which may not respond as well to existing vaccines looms --- as mask mandates are being restored in some places and as the nation's economy is once again under threat.

We recently covered heart-breaking stories of deadly --- because they were completely unnecessary and avoidable --- spikes in Trump-supporting states like Missouri, Mississippi and Tennessee. Today, Arkansas is taking the lead in new cases for no good reason other than usually misinformed, unvaccinated residents in the rural areas of the state. The New York Times, over the weekend, ran a devastating report out of the state, detailing the surge in severely ill patients and hospitalizations --- almost all of them unvaccinated and many of them now MUCH younger than during previous COVID surges.

But, it's not only in Trump Country. Even here in Los Angeles County, there are many among the vaccine hesitant. Over the weekend, L.A. chose to reinstate its indoor mask mandate as rates, even here, are beginning to increase again.

We wondered why this is, and what sort of information people are receiving that would lead them to avoid the live-saving vaccines, so we opened up the phones to exactly that today. The reasons, apparently, are many and varied. Some are certain that Big Pharma is pulling a hoax on all of us. (Though one caller cited information from "the inventor of the mRNA vaccines," Robert Malone, who, as it turns out, isn't the inventor at all, despite his claim. One wonders why anybody would therefore take his advice --- that the mRNA vaccines are dangerous --- seriously.) Others cite racial elements, buttressed by the tragic Tuskegee Experiment. But, as one caller notes, the tragedy of that study occurred because black men were not given life saving medicine as part of the study.

At least one caller believes evolution should be allowed to run its course, no matter how many tens or hundreds of millions are likely to die on the long and deadly road to "herd immunity".

In any event, it was an interesting hour (we hope) that may shed some light on the mess we are now in, as the nation --- with plenty of life-saving vaccine for all --- could, nonetheless, soon find itself locked down all over again due to massive misinformation that continues to pollute the body politic...

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Democracy, politics and death. Ya know, just another day on The BradCast. [Audio link to full show is posted below summary.]

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

• Maricopa County, Arizona will now be forced to spend millions on new voting systems after state and County officials determined that their previous machines, which they only began using in 2019 and still haven't paid off, cannot be used again, and will be destroyed. That, after potential corruption of the systems during the Arizona GOP Senate's secret "audit" process, carried out by a private, conspiracy theory contractor named Cyber Ninjas. So much for those "fiscally conservative" Republicans (just in case you're wondering why we almost never refer to Republicans as "conservative" in almost any context. It's because they ain't. And folks in the media and in Congress and everywhere else should stop doing them the favor of playing along with their friendly, if utterly false and misleading, branding.)

  As we also discuss today, Maricopa doesn't actually have to spend millions of dollars on new computers to scan their hand-marked paper ballots. They could simply count them publicly by hand in the first place!

  The real cost of the phony, completely non-transparent and still-ongoing "audit" clown show in Phoenix, however, is that it is likely to make Democrats even more reluctant to seek recounts and post-election audits in the many cases where they absolutely should. (Here's just one such example.)

• The wingnuts at CPAC over the weekend were laughing at Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) for their gullible willingness to do their obstruction bidding for them. A group of Republican officials were caught on video tape, laughing, applauding and urging others to call and thank the two Democrats for blocking reform of the Senate filibuster. "We don't want the people's will to be done," says former U.S. Senator Rick Santorum in the clip. "Call Joe Manchin an say thank you, seriously. Call Kyrsten Sinema and say thank you," the failed Presidential candidate and fired CNN pundit says. That, as Senate filibuster reform (or elimination entirely!) is desperately needed right now in order to adopt federal protections for voting rights in hopes of countering GOP voter suppression measures now being adopted in Republican-controlled state after Republican-controlled state.

• But, in somewhat brighter Manchin-related news, he does seem at least mostly willing to go along with the Democrats' landmark, "transformative", $3.5 trillion infrastructure reconciliation package, which --- unlike a voting rights bill --- can be adopted by the U.S. Senate with a simple majority vote...so long as Manchin and Sinema, and all of the other Democrats, play along.

• In the meantime, back in the states, the COVID infection rates are on the rise again nationally, along with surging hospitalization and death rates in areas of the country with the lowest vaccination rates. That, as the Delta variant is quickly gaining a foothold across the nation. Last week, we discussed Missouri's horrific situation in the rural, Southwestern part of the state, where hospitals are already overwhelmed. Today, we discuss the similarly horrific numbers out of Mississippi, where state officials issued new recommendations for masking indoors once again, and warned the unvaccinated last week that "people are going to die needlessly."

  But the Trump Death Cult appears to be in full flower now in Tennessee, where the State Health Department's new directive bars state health officials from vaccination outreach to teens, incredibly enough. But that's not only for the COVID vaccines, but any and all vaccines --- from Measles to HPV to flu shots! They are no longer allowed to even remind teens when it is time to get their second COVID shot, despite the lack of protection against the Delta variant after only one dose of the Pfizer and Moderna vaccines. That, just one day after the same brainwashed wingnut ghouls of Trump's Death Cultists at CPAC last weekend actually broke into cheers when a panelist discussed the unwillingness of millions of Americans to save their own lives by getting vaccinated.

  There is, however, a bit of apparent good news regarding some of these Trump Death Cult states. Vaccination rates have suddenly been increasing by double digits in some of them over the past week. So, maybe they're finally getting the fear of God in them. Not everywhere, unfortunately. In Tennessee, the number of doses administered over the past week, versus the prior one has fallen by 70 percent as of today. In Mississippi, it's fallen by 80 percent! It's only worse in Joe Manchin's home state of West Virginia, where the rate of vaccination has fallen 94 percent since the previous week, according to Washington Post's vaccine tracker.

• Finally, I'm happy to say that Desi Doyen's latest Green News Report has much more encouraging news packed into it than usual, including a breakdown of the many long-overdue climate and clean energy provisions currently set for inclusion in the Dems' new infrastructure package (if Manchin doesn't kill them), and in a similar new "Green Deal" initiative being launched this week in the European Union...

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On today's BradCast: Senate Dems strike a very big deal and the U.S. Election Assistance Commission gets sued again, this time for rolling back voting system standards after secret, unlawful meetings with the manufacturers they are supposed to be regulating. [Audio link to show is posted below.]

First up, in what is being reported as potentially "transformative" legislation for the country, Senate Democrats on Tuesday night announced they had come to an agreement on a deal that would invest $3.5 trillion into the expansion of Medicare, the Affordable Care Act, child care and a host of other "human infrastructure" priorities, while also addressing climate change with a broad array of clean energy incentives. The blueprint for the agreement still lacks specific legislative language, but was struck after weeks of work in the Senate Budget Committee chaired by Bernie Sanders (I-VT). Democratic Committee members, such as centrist Mark Warner of Virginia, are also said to be on board with the package, which would be paid for by increased taxes on those making more than $400,000 a year and on large corporations. If all Senate Dems agree to the final bill and no more than 4 Democrats defect in the House, the measure could be adopted under Senate Reconciliation rules with a simple majority vote without the need for any Republicans.

Passage of that package, along with adoption of the smaller bipartisan nearly $600 billion proposal recently hashed out among moderate Senators on more traditional infrastructure spending, such as for roads and bridges, would amount to a massive victory for Democrats (presuming Republicans do not renege on their part of the agreement) and, more importantly, for jobs, families the climate and the American people as a whole. It would be the largest such spending package since the New Deal. We walk through some of the reported details of the new reconciliation package and what it may mean for Americans before the 2022 mid-term elections.

And, speaking of elections, earlier this year we reported on the U.S. Election Assistance Commission (EAC)'s secret and unlawful meetings last year with voting system vendors, as discovered by SUSAN GREENHALGH, longtime election integrity advocate and Senior Advisor on Election Security at the non-partisan government watchdog group, Free Speech for People (FSFP). As she revealed at the time, the EAC's meetings, even with vendors, are all supposed to be public, according to the federal Help American Vote Act (HAVA). Her group was forced to sue to make the EAC cough up emails and other records detailing the secret vendor meetings. Most disturbingly, the EAC's Commissioners made alarming changes to newly drafted voting system certification guidelines just after those meetings.

The EAC is the federal agency responsible for creating certification guidelines for the nation's voting and tabulation systems. After a painstaking 5-year process in public consultation with technical advisors and other experts, the final draft of the much-needed and long-awaited Voluntary Voting System Guidelines (VVSG) 2.0 was released last year. It included, among other important elements, a ban on wireless modems in voting and tabulation systems. Cybersecurity experts applauded the provision, after long warning of the dangers of such devices in systems that register, record and tabulate the nation's votes.

After the EAC's secret meetings with voting system vendors last year, however, the agency weakened the new guidelines --- removing, for instance, the ban against wireless modems --- and revealed an amended, watered-down version just days before Commissioners voted for final approval of the new standards. Experts were stunned. Now Greenhalgh's FSFP is suing the EAC again, along with co-plaintiff Philip Stark, an elections expert from UC-Berkeley and a member of the EAC's own Board of Advisors (as well as a recent guest on this program). The complaint [PDF] calls for the EAC to roll back the last minute changes made to the guidelines after they secretly met with the voting system manufacturers.

Greenhalgh joins us to explain all of this latest madness, what it could mean for election security, why the EAC made these changes and continue to roll over for the vendors they are supposed to be regulating, and to discuss the perils of the woeful EAC's under-handed changes at a time when cyberattacks are on the rise and confidence in election results (justifiably or not) is plummeting.

"Rather than being an independent source of information regarding voting systems, the EAC is going to the vendors to ask them the questions and understand how the systems work. And, of course, the vendors aren't going to say, 'Yeah, this is highly insecure, we shouldn't be doing this,'" Greenhalgh explains.

"It's mind blowing to me," Greenhalgh tells me, when I ask if the EAC Commissioners fully understand the security risks involved in allowing the modems that vendors want in their systems (for reasons she also explains.) "You would think they'd want to err on the side of caution, they would want to err on the side of security. And if there was a good reason to allow this, then why not have this process out in the open where they can make the case to the public as to why 'we think this is a secure way to go.'? Instead they did the whole thing behind closed doors, in a super shady manner. Doesn't engender a lot of confidence." 

Finally today, in addition to the Dems' massive new infrastructure proposal announced on Tuesday night, Senate Democrats also unveiled a long-overdue, landmark proposal to finally legalize cannabis at the federal level. That bill, however, will require some Republicans to come aboard for passage, so we'll see how it goes...

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As noted during today's BradCast, we've been fighting to protect, expand and shore up democracy for nearly 20 years on this program and at The BRAD BLOG. For the first time in all of those years, however, it now really feels as if we are in a battle to save democracy itself in America. So it was very good to hear the President of the United States today stand up and clearly spell out what is now at stake in that fight. [Audio link to full show is posted below summary.]

First up today, Washington Post published a BradCast">fascinating excerpt on Tuesday from a new book by the Post's D.C. correspondents Carol Leonnig and Philip Rucker, named I Alone Can Fix It: Donald J. Trump's Catastrophic Final Year. The lengthy excerpt details the tumultuous, chaotic and dysfunctional 2020 Election Day and Night inside the White House, as Trump discovered he was likely to lose his reelection race. We focus specifically on Leonnig and Rucker's reporting on what seems to have been the genesis of Trump's Big Lie, as it developed that night, reportedly as the brain child of his tipsy personal lawyer Rudy Giuliani. His idea, rejected at first by Trump's advisors, was to simply say "we won" in every battleground state, despite mounting --- and, eventually, solid --- evidence to the contrary.

The Big Lie, adopted by Trump that night during his false "victory" speech in the wee hours, claiming the election was stolen and that "frankly, we did win this election," has poisoned the nation's soul ever since. At least the Republican part of the nation --- if they have a soul --- as GOP state lawmakers have opportunistically exploited that Big Lie in recent months to adopt severe new restrictions on voting and to institute provisions that allow partisan officials to overturn election results for virtually any reason.

Just before airtime on Monday's show, Democratic state lawmakers from the Texas House of Representatives left the state on two chartered planes to break the House quorum during a special session in the state legislature. The session was called by Republican Gov. Greg Abbott to force through a voter suppression bill that failed to pass when Democrats walked out on the last day of the regular session last May, also denying the GOP of a quorum to conduct business at the time. Now, the state Democrats have gone to D.C. for what they describe as "the fight of our lives." They hope to stop all business in the Republican-dominated state House during the 30-day emergency session and to press Senate Democrats to adopt the For the People Act at the federal level to help counter at least some of the restrictions Republicans are attempting to impose on Lone Star State voters, as well as those elsewhere in the country.

The heroic Dem state lawmakers, who face likely arrest upon returning home, deserve our support for their extraordinary attempted effort to save democracy in Texas. They say they plan to stay in D.C. throughout the 30-day session and lobby Senate Democrats like WV's Joe Manchin and AZ's Kyrsten Sinema to reform the filibuster to allow passage of For the People with a simple majority, as their only hope. Abbott, however, is able to call as many special sessions as he likes upon their eventual return. So, time is now very much of the essence.

At the same time today, President Biden was also using his bully pulpit to press for the protection of voting rights and American democracy itself. In a stirring speech at Philadelphia's National Constitution Center, he outlined what is now at stake, declaring that "we are facing the most significant test of democracy since the Civil War." In remarks that would have sounded right at home during one of my rants on this he program, he noted bluntly, "the Big Lie is just that: a big lie." Biden described passage of federal voting rights legislation as "a national imperative," warning of the measures that are being enacted to not only suppress the vote at the state level, but overturn results.

"If you vote, they want to be able to tell you your vote doesn't count for any reason they make up," Biden charged, adding ominously (if correctly), "They want the ability to reject the final count and ignore the will of the people if their preferred candidate loses."

We share the President's speech in full today (transcript here, video here), as his important remarks are worth paying close attention to.

Finally, Desi Doyen joins us for our latest Green News Report, with a dozen states in the West are now facing unprecedented heat, fire, drought and a serious stress test of the electrical grid, as our climate emergency becomes ever more apparent in very real, and very stark terms...

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Well, today's BradCast, turned out to be a bit more exciting than planned. [Audio link to full show is posted below summary.]

Just an hour or so before air time, Democratic Texas state lawmakers fled the state en masse to deprive state Republican lawmakers of a quorum during a special legislative session called to adopt a massive voter suppression bill. That, after last year's election was found to have been "smooth and secure", according to state officials. GOP-controlled committees in both the state House and Senate jammed through versions of the bill over the weekend, following overnight sessions in which hundreds of members of the public spoke against the measures.

Nonetheless, outnumbered in both chambers, more than 50 Democratic state Representatives left on chartered flights out of Austin on Monday to deprive Republicans of a legislative quorum. They reportedly headed for D.C. where they hope to press Senate Democrats to pass federal legislation to protect voting rights to help counter the Texas effort and other bills like it being adopted by Republican-controlled states across the country.

The rare move to leave the state --- where they can't be rounded up by Texas law enforcement and forced back to the Capitol --- comes after a Democratic walkout from the state Senate on the final day of the regular legislative session back in May. That walkout ran out the clock on the GOP voter-suppression bill at the time. Now, Dems would have to stay away for almost 30 days --- the length of the special session called by Republican Gov. Greg Abbott --- in order to block the legislative quorum needed to pass the measure in the Lone Star State's House of Representatives. The version of the bill Republicans now hope to pass would, among other things, ban the drive-thru and 24-hour voting sites that helped enfranchise tens of thousands of Houston voters last November, criminalize election officials mailing absentee ballot applications to voters and add new ID restrictions for mail-in voting, which is already incredibly difficult in Texas. All of the measures, according to voting rights experts, are both unnecessary would serve to disenfranchise marginalized voters, from minority groups to students to the elderly. We will, of course, be following this story closely in the days ahead.

Meanwhile, out West, blazing hot temperatures and extremely dry conditions amidst a years-long mega-draught have help sparked enormous fires in Washington, Oregon, Nevada, Arizona, Idaho, Colorado and California. The record fires, heat and drought are part of the cumulative effect of man-made climate change now devastating the nation and the planet. A massive fire in Oregon over the weekend disrupted service on three power transmission lines providing up to 5,500 megawatts of electricity to neighboring California. The power cuts, amid record heat, threaten a state already facing dire water shortages. Last week, Governor Gavin Newsom called for voluntary cutbacks in water usage of 15% by residents, agricultural operations and other businesses. Over the weekend, state power officials asked customers to cut back power usage.

With those multiple, very real emergencies now under way (including the rising threat of the Delta variant of the coronavirus in a state that has otherwise managed the pandemic very well under Newsom's leadership), the popular Democratic Governor now faces a GOP-funded recall election in just over two months time.

If Newsom were to be removed from office on September 14th, it would be only the second time in the state's 110-year history of the Gubernatorial Recall process. The last time was in 2003, when Republicans similarly ran a well-funded, professional misinformation and outrage campaign in order to oust a Governor. Newsom, elected to his first term in 2018, would otherwise face reelection next year anyway.

Late last week at The BRAD BLOG, our longtime legal analyst ERNEST A. CANNING highlighted the long, fascinating, ">progressive history of the state's Recall process, before arguing that it has gone awry in recent decades due to state Republicans' abuse of the process. He has outlined three suggested reforms that make a lot of sense, to help prevent much of the abuse of the process by Republicans in recent years. He argues that GOP policies in the state --- what's left of them --- have become so unpopular that the party is no longer seemingly able to win any state wide elections...unless they can engineer a low-turnout one, as they hope to see against Newsom in September.

"It's critical that everyone who is disgusted by this recall show up and vote," Canning argues. "The fact is, if Californians show up and vote, this recall will go down. But if you don't show up --- that's what the Republicans are banking on."

Among the reforms Canning is calling for after the upcoming Recall effort (which could cost state tax-payers as much as $400 million): Replacing a recalled Governor with the Lt. Governor (usually of the same party as the Governor), instead of holding a separate election for his or her replacement; Eliminating paid signature gathering by professional companies; and limiting the allowable reasons for Recalls of state officials. Canning joins us on today's program to explain and defend all of those suggestions, which he'd like to see put to voters on a statewide ballot referendum as part of the 2022 General Elections.

Finally, we take a few calls at the end of today's surprisingly busy show...

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On today's BradCast: A very lively conversation with one of our favorite guests...about a very dark moment in our nation's history. [Audio link to full show is posted at bottom of this summary.]

Last week, on the final day of its term this year, the 6 Republican Justices on the GOP's stolen and packed U.S. Supreme Court majority, "turned back the clock on voting rights," according to UC Irvine election law professor Rick Hasen. A week after Justice Samuel Alito opinion for the majority in Brnovich v. DNC was published, Hasen is "angry" that "so much of the public does not realize what a hit American democracy has taken," as the ruling "reopens the door to a United States in which states can put up roadblocks to minority voting and engage in voter suppression with few legal consequences once a state has raised tenuous and unsupported concerns about the risk of voter fraud. It's exactly the opposite of what Congress intended."

We share Hasen's fury today. Not only about the activist Rightwing SCOTUS jurists legislating from the bench to wholly rewrite the intent of Congress, but also about them ignoring the couldn't-be-clearer, simple meaning of the plain text of the 15th Amendment. The entire thing is only two sentences long. The first declares "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." The second states that "The CONGRESS shall have the power to enforce this article by appropriate legislation." [Emphasis added for our six deceitful, dishonest SCOTUS Justices.]

Once again, the Supreme Court has chosen to simply ignore that second sentence in --- yet again --- gutting the Voting Rights Act, the appropriate legislation Congress wrote, and has amended to strengthen several times, in order to enforce the 15th Amendment, as literally directed by the Constitution. And, once again, the Roberts Court has put the lie to the bogus claim by the Right that the Republican appointees are "originalists" or "Constitutional textualists" who believe only in the literal, plain text meaning of Constitution as it was written. That is clearly, and always has been, a bald-faced lie.

We're joined today by the great MARK JOSEPH STERN, legal reporter at Slate, to discuss, at term's end, the outrage of the "mangled" Brnovich opinion, which now allows Arizona and other Republican controlled states to simply ignore the expressed intent of Congress' specific legislation barring voting laws that result in disproportionate disenfranchisement of minority voters and pretends that the Judiciary, not Congress, has the "power to enforce" the Constitution's 15th Amendment.

"You're dead right about the Fifteenth Amendment," Stern tells me. "And I do think it's worth noting that all of the Reconstruction amendments expressly empower Congress to enforce them. Because the framers of these amendments after the Civil War recognized that it was crucial not to just rely on the federal courts to protect rights, that Congress itself needed to play a leading role in the protection of Constitutional rights. And, particularly, the protection of political equality for people of all races."

"The conservative Justices [they're not "conservative", which we discuss as well!] have adopted this position not just of judicial supremacy but judicial arrogance, that the framers of the Reconstruction amendments couldn't possibly have intended to give Congress power to go beyond the Supreme Court's own interpretation of the Constitution.," Stern fumes. "This is a theme that we see from conservative justices over and over again --- where they say 'We're the ones who decide what counts as a right. We're the ones who decide what counts as legal and illegal, and Congress has nothing to say. Congress can only enforce our own rulings. What five of us say on this Supreme Court overrules what everyone says in Congress and the elected democratic branches. That has led to this twisted position where we don't see a lot of litigators actually speaking about the text of the 15th Amendment because the court has said, 'We sit at the top of the hierarchy, we get to decide, and all Congress can do is enforce our positions.'"

Stern also joins Hasen's (and my) anger in seeing SCOTUS blatantly ignore Congress's express intent for Section 2 of the VRA to prevent voting laws that result in the disenfranchisement of minorities. "What Justice Alito has done," Stern tells us, amounts to simply "making up" a new rule that is "totally fabricated" and "nowhere in the text" of either the law or the Constitution, in setting new "guideposts" for the use of the VRA's Section 2. "The law says very explicitly that any voting restrictions that results in disproportionate impact on racial minorities is illegal."

At the same time that the Court allowed Arizona's new voter suppression laws, Stern notes the irony of Chief Justice John Roberts, on the very same day in another "bitterly divided" 6 to 3 opinion (Americans for Prosperity Foundation v. Bonta), blocking the state of California's law that allowed its Attorney General to learn the name of "dark money" donors to non-profit groups in order to enforce state laws and limits. All of which, Stern observes, bodes very darkly for both what is to come in the next term of SCOTUS (major cases on guns, abortion and affirmative action are on the docket) and beyond --- not to mention any laws Democrats in Congress may pass (if they can ever reform the filibuster) to protect voting rights.

"In fact, I have been saying for a long time, unfortunately, that this Supreme Court will strike down large portions, if not all, of the For the People Act and the John Lewis Voting Rights Act," Stern warns. "Next term is winding up to be one of the most catastrophic terms for progressives, for the left, in history --- in the entire history of the country."

With that bright news, we also discuss the disappointment of 82-year old, Democratic-appointed Justice Stephen Breyer failing to announce his retirement last week as many hoped, so he could be replaced by a Democratic White House and Senate, while both still exist. And, yes, there is much more in our conversation today regarding SCOTUS at the end of its first term with three far-right activist jurists packed onto it by Senate Republicans who happily blocked a Democratic appointee to the Court for year, before unilaterally killing the Senate filibuster to seat all three of Trump's appointees.

Also today, remember all of those major corporations who pretended to express outrage after the January 6th insurrection and the passage of voter suppression laws around the country, vowing to halt corporate donations to members of Congress who voted against the certification of Joe Biden's decisive victory over Trump? Yeah, as we warned you months ago, most of them didn't actually mean it. Now we have much more proof...

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Last week, New York prosecutors filed multiple criminal indictments against the Trump Organization and its CFO Allen Weisselberg in response to an alleged "sweeping and audacious" 15-year tax fraud scheme. Today, Donald Trump himself filed a lawsuit against social media companies for banning him after he used his accounts to incite an attack on the U.S. Capitol on January 6th. Today on The BradCast, we discuss both issues and more, including our conversation with a former Asst. U.S. Attorney who is dubious about the legal expert consensus that NY prosecutors plan to file additional charges against other "senior executives" at the Trump Organization. [Audio link to full show is posted below summary.]

First up, Trump's new lawsuits against Facebook, Twitter and YouTube were announced on Wednesday, with the disgraced former President claiming that his First Amendment rights are being violated by the private companies who no longer allow him to use their platforms to lie about last year's election and to incite violence. The First Amendment, however, does not apply to private companies. It applies to the Government. In fact, as one legal expert notes today, "Trump has the First Amendment argument exactly wrong. In fact, Facebook and Twitter themselves have a First Amendment free speech right to determine what speech their platforms project and amplify --- and that right includes excluding speakers who incite violence."

It was next to impossible to find coverage of the lawsuit today which quoted any legal expert unrelated to the suit or the disgraced former President, who supported Trump's legal theory. Even Fox "News" quoted a libertarian lawyer describing the complaint as "asinine".

While it's unclear who is footing the legal bill for Trump's latest legal folly, seemingly meant to further hoax his gullible "conservative" supporters into believing they are all "victims" of political censorship by "radical left" giant social media companies, we're almost certain that Rudy Giuliani will no longer be lending his efforts. A new book by Michael Wolff documents Trump's rage over losing to Joe Biden last year, and claims that he is now unwilling to pay Giuliani for his legal work in criss-crossing the country to claim, without evidence, that the 2020 election was stolen from Trump. That, as Rudy has now had his law license suspended in New York for his false legal claims about the election; is facing a federal investigation for his foreign lobbying work on behalf of Trump; and is named in billion dollar lawsuits by the Dominion Voting System [PDF] company for myriad lies about their products.

But Trump, of course, is facing his own legal problems as well, including the 10 criminal indictments filed against his company last week, along with 15 counts against his longtime Chief Financial Officer, Allen Weisselberg. The indictments, which include charges such as Scheme to Defraud; Conspiracy; Grand Larceny; Criminal Tax Fraud; and Falsifying of Business Records, stem from what prosecutors describe as a tax fraud scheme that includes more than a million dollars in off-the-books compensation for apartments, cars, and school tuition for Weisselberg and others, "orchestrated by the most senior executives” at the Trump Organization from 2005 until this year.

In the wake of last week's charges, many legal experts have argued the indictments suggest more charges will be coming, as part of the ongoing two year investigation by Manhattan District Attorney Cyrus Vance and NY Attorney General Letitia James --- perhaps even for "senior executives" named Trump. Our guest today, however, former Asst. U.S. Attorney RANDALL D. ELIASON of George Washington University Law School, disagrees. At least, he is dubious.

In the days both before and after last week's indictments, Eliason suggested on Twitter that if NY ended up charging Trump's company along with Weisselberg, that would be a signal that there is not, in fact, more charges to come, as many have speculated.

Eliason, an expert in White Collar Criminal Law and a frequent contributor to Washington Post and his own Sidebars Blog, describes the charges against Weisselberg --- who allegedly received more than $1.7 million in untaxed, off-the-books compensation and stiffed city, state and federal governments for at least $900,000 --- as a very "serious case" indeed. He explains why nobody should be fooled by "Attorneys for Weisselberg and the Trump Organization [who] have tried to downplay these as just a 'fringe benefits' case, to make it sound as though it's about the company maybe just failing to report something."

He notes, in particular, prosecutors claims that the company was "keeping two sets of books" to hide their "tax fraud scheme". Eliason says this suggests a "very deliberate" effort to defraud that "makes it pretty hard to claim that it was just a mistake or a misunderstanding about the complicated tax code," as Trump implied during a rally in Sarasota, Florida over the weekend. (That, by way of stark contrast with his boast at a 2016 rally when he declared: "I know more about taxes than human being that God ever created!")

Eliason offers a great deal of insight into what these charges mean and how serious they are. Still, he goes on to argue that, in his opinion, unless prosecutors manage to flip Weisselberg --- which he believes would have already happened if Weisselberg was flippable --- that it is unlikely there will be further charges against others in the case.

"Failing cooperation by Weisselberg," he tells me, "the fact that they included the company [in the indictments] makes me think, if he doesn't flip, that's all we're going to have. Because otherwise you hold off on the company, you isolate Weisselberg, and if you bring cases against other individuals, with or without Weisselberg, that just makes the case against the company stronger. Because the company is only liable vicariously through the actions of its agents. So you don't charge the company now if you think there's more to come."

I challenge Eliason on a number of these points today, in which each of us concede we are reading tea leaves. Of course, he's the expert attorney and I am anything but. Please tune in for this interesting discussion!

Finally, we close with what is best described as some "good-ish news" regarding Elsa, the first Atlantic storm to come ashore this year, in what is already a record setting storm season...

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