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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The quote in the headline for today's BradCast comes, according to one of our guests today, from former acting Solicitor General Neal Katyal, who knows quite a bit about both Constitutional crimes and American history. Finally, Donald J. Trump is facing accountability for his worst (known) crime of all: Attempting to overthrow American democracy itself by stealing a Presidential election from the American people before our very eyes. Luckily, he was as bad at that as he is at everything else. [Audio link to full show follows this summary.]

"This is a momentous legal event. It's the most significant legal event of our lifetimes, one of the most significant legal events ever in the history of this country. It is up there with Marbury vs Madison, Brown vs Board of Education, Dred Scott as a defining case for the times," Katyal told MSNBC after the new indictment against the the disgraced former President was handed up in D.C. yesterday. "This indictment lays out a case that a guy who was President of the United States --- while he was President of the US --- leveraged his office, used his power to thwart the will of the people in the most solemn thing they do in our country, vote. This is the biggest constitutional crime in our history."

We're joined today discuss that crime and Trump's latest indictment (his third in four months, and his second at the federal level) for it by two favorite BradCast special coverage guests. HEATHER DIGBY PARTON is the award-winning columnist at Salon and founder of Digby's Hullabaloo blog; and our old friend "DRIFTGLASS" is otherwise known as both @Mr_Electrico on Twitter and simply "Bill" at home in "Flyover Country, Illinois" where he has long and proudly produced The Professional Left Podcast.

Following the release of Special Counsel Jack Smith's new, very readable 45-page indictment [PDF] against Trump just minutes before airtime on Tuesday --- including four felony fraud, obstruction and conspiracy charges related to his attempt to steal the 2020 election before, during, and after the January 6, 2021 insurrection he incited at the U.S. Capitol --- we've had a bit of time to finally read the charges and evidence presented with them in full.

Also, we've had some time to learn about the judge assigned to the case, U.S. District Court Judge Tanya Chutkan. And, boy howdy, is Trump not gonna like her. She was appointed by President Obama, has been particularly tough on January 6 insurrectionists, and famously (and correctly) wrote, in a 2021 ruling allowing the bipartisan House Jan. 6 Select Committee access to documents from the Trump White House that "Presidents are not kings, and Plaintiff is not President."

As noted, he's not gonna like her one bit. Oh, well. Perhaps it balances out the Trump-appointed federal judge/stooge overseeing his federal indictment on 40 felony charges related to his theft and retention of national security documents and his attempts to obstruct the government's investigation and attempts to retrieve them down in Florida.

Among the topics discussed with "Digby" and "Driftglass" on today's special coverage...

• Why it took so long to bring this case, particularly as so much of it had already been revealed by the House Jan. 6 Committee last year.
• What either struck or surprised them about the new indictment.
• Who the still-unidentified "Co-Conspirator 6" might be.
• Will history better remember Mike Pence's moment of courage on January 6 or his pathetic turnabout ever since?
• Why this case feels so much different than the other two indictments filed against Trump.
• Why it seems that nobody in the media is able to describe what Trump did as an attempt to STEAL a Presidential election. (Though MSNBC's Joy Reid and Parton --- both of whom have long followed me on Twitter --- get well-deserved kudos for doing so today!)
• Whether, as folks on the Right like to claim, Tuesday's new indictment (and the others) actually help him in the 2024 election.
• And, would they support or oppose a plea agreement in which the disgraced former President was allowed to plead guilty, get some home confinement, pay a huge fine and, most importantly, drop out of the 2024 race and vow to never run for public office again in exchange for escaping prison time (akin to Nixon VP Spiro Agnew's deal with federal prosecutors)?

Answers to all of those questions and many others on today's BradCast Special Coverage! Enjoy!...

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On today's BradCast: The ongoing GOP effort to undermine American democracy by making it harder to vote and easier to cheat in elections continues amid the fallout from Trump's attempt to steal the 2020 election. While you might think Republicans would pay a price for joining him in that effort, its Democrats --- and voters in general and American democracy itself --- paying the price, even as the Big Lie continues to fall further apart with each passing day. [Audio link to full show follows this summary.]

As you know, Republicans have been using false claims of massive (and, apparently, evidence-free) "voter fraud" in the 2020 election as a pretext to adopt new voter suppression and election subversion laws in GOP controlled states. The fruits of those corrupt efforts are already paying off. In Texas, for example, County Clerks across the state are reporting that the state's new anti-voting law, S.B.1, is forcing them to reject hundreds of legitimate absent ballot applications in one of the most difficult states in the nation to vote by mail already.

New I.D. requirements for ballot applications have resulted in rejections of nearly half of the absentee applications in Travis County, home to the state's capital of Austin. Worse, the state's Secretary of State has yet to issue rules for how County Clerks may legally notify or help the rejected voters to cure their applications in advance of the state's March mid-term primaries. (The application deadline is Feb. 18.)

Many of the rejected applications are from voters that have been voting by mail for years. But the new state law now requires applicants to include either a drivers license number or state I.D. number or the last four digits of their Social Security number on the application. While some don't notice the new requirement and are rejected on that basis, others do include one of those numbers, but are still being rejected! Why? As Democrats had warned when trying to block the bill, the TX law now requires that whichever number a voter uses on their application must match the number on their voter registration form, many of them completed years ago. If the voter includes a drivers license number on their application, for example, but their registration includes a State I.D. number instead --- or no number at all (as is the case with millions of voter registrations in the Lone Star State) --- their applications must now be rejected. Mission accomplished?

Meanwhile, the GOP's Big "voter fraud" Lie continues to fall apart in Arizona, where Joe Biden has been confirmed many times over to have lawfully defeated Trump in 2020. On Friday, in the second largest county in the state, Pima (home to Tucson), the Pima County Attorney's Office determined that, of the 151 cases referred to them as possible cases of voter fraud after 2020, ZERO actually merited criminal charges. There remain a handful of possible fraud cases elsewhere in a the state (less than 50). But, of course, if all known cases of possible fraud in Arizona turned out to be actual fraud and all of those votes were somehow in favor of Biden, there still wouldn't be nearly enough fraudulent ballots to reverse his 10,000+ vote victory out of about 3.2 million ballots cast in the state. Nonetheless, in AZ as well, Republicans are using their lies about "voter fraud" to make it harder to vote and easier for them to cheat in elections.

But the biggest story on today's BradCast involves gerrymandering, perhaps the most critical reason our federal government and our democracy has become so seemingly irreparably broken. Democrats in the U.S. Senate this week have combined the combined Freedom to Vote Act (which, among many other critical election reforms, makes partisan gerrymandering unlawful in all 50 states) and the John Lewis Voting Rights Advancement Act (which restores the requirement for federal pre-clearance of new election laws in states with a history of racial discrimination in elections after SCOTUS gutted the landmark provision) into one single bill called the Freedom to Vote: John R. Lewis Act. All 50 Democrats in the majority claim to support the newly combined bill. Zero Republicans do. But unless two Democratic Senators (Sinema and Manchin) agree to modify the Senate filibuster rule to allow democracy-saving legislation to be adopted with a simple majority vote, none of it will become law and the GOP efforts to game elections will be largely free and clear through 2022.

For several years, experts have been warning that, following the 2020 Census, the new round of redistricting was going to be very bad for Democrats in GOP-controlled states. That, after the U.S. Supreme Court gutted the Voting Rights Act in 2013 and later declared that federal courts may have no say at all on the issue of partisan gerrymandering, But, with about half of the new maps now redrawn by states in advance of the 2022 mid-terms (with several being challenged in state courts), are they as bad as many pundits had foretold?

A number of redistricting experts of late have suggested that the new maps aren't nearly as bad for Dems as they might have been. But is that true? We're joined today by Brennan Center's Senior Counsel for its Democracy Program, MICHAEL LI, who serves as the non-partisan organization's redistricting expert.

Last week, in an op-ed for Washington Post, Li describes the notion that gerrymandering hasn't been too bad for Democrats this year as a "misleading narrative" for a host of reasons. Experts, he notes, had predicted a bunch of safe Democratic seats would be remapped into Republican districts. "They expected Democratic seats to fall," Li explains. "But instead, what Republicans are doing is shoring up the disproportionate advantages they already hold" following the extreme partisan gerrymanders from 2011.

"In Texas, under the old maps, Democrats have 36% of the seats. Under the new maps they have 37% of the seats, so very little change," he tells me by way of just one example. "But the competition is gone. So whereas under the old maps there were competitive districts, under the new maps, even if Democrats got 58% of the vote [across the state], they would still have the same 37% of the seats, which hardly seems fair. Even if Texas turned deep blue, Republicans would have almost a 2-to-1 advantage. That's the perniciousness of the state's gerrymander."

There are other examples, in North Carolina for instance, where the maps are currently being challenged in state courts. We also discuss how the Supreme Court's unwillingness to hear partisan gerrymandering cases has affected all of this and whether or not the Court will similarly begin to turn away racial gerrymander cases as well in the not too distant future.

Li goes on to explain why the Freedom to Vote: John R. Lewis Act --- if Republicans or Manchinema were to allow it to be passed into law --- "would be a game-changer" on this issue. It "would transform redistricting. There would be a ban against partisan gerrymandering in Congressional redistricting. It would be easy to calculate and figure out whether a map violates that and, if a map does, then it's blocked from use pretty automatically, perhaps even in time for 2022 if Congress were to pass it soon."

But, alas, unless there are some surprises in the Senate this week, the bill is unlikely to pass anytime soon. So, what's left? Should Democratic-controlled states, in order to save democracy itself before the 2024 elections, gerrymander their own maps as aggressively as Republicans have? As much as it pains me to do so, I have previously argued that they should. Does Li agree? Tune in to find out!

Finally, before we go, the mid-show breaking news that Rudy Giuliani and a number of others who were very close to the disgraced former President as he was attempting to steal the 2020 election have now been subpoenaed by the House Select Committee investigating the January 6th attack on the U.S. Capitol...

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Every. Single. Vote. Matters. Or, at least it's supposed to. On today's BradCast we've got a bevy of stories, almost a month after the midterm elections, to prove it. Also, a rightwing broadcast media behemoth --- the nation's largest single owner of local television stations --- faces new blowback for offensive, anti-immigrant commentary they forced their local news outlets to carry. [Audio link to today's jam-packed show is posted below.]

First today, in Kentucky, where nearly half a dozen state House races were determined by half a dozen votes or less, a Republican incumbent has now filed a contest in House District 13 after reportedly losing to his Democratic challenger by just one single vote. No matter how that challenge ends, and it may take a while, Republicans will still hold super-majority control in the Bluegrass State.

But, in Alaska --- which, incidentally, was struck by a major earthquake today --- one single still-uncounted "mystery ballot" in one single state House race may determine control of the entire body for the next two years. We explain.

Meanwhile, in Georgia (the nation's apparent new headquarters for mass voter suppression) the midterms aren't over yet either, with two statewide runoffs set for Tuesday in the Secretary of State and Public Service Commissioners race. But, on Thursday, the state Democratic Party sued the state to allow absentee mail ballots postmarked by Election Day to be counted. Their complaint charges that many counties in the state failed to timely send out requested vote-by-mail ballots until just one week before next week's December 4th runoff. That, they say, will not allow enough time for many voters to receive their ballots and mail them back to the county by Election Day, when state law says they are due.

Dems note that overseas and military votes are tallied, as long as they are postmarked by Election Day and arrive no later than three days after the election. They want the same rules applied to all absentee by mail voters, thanks to the Secretary of State and Counties' delay in sending out tens of thousands of ballots. The GA Sec. of State's office, incredibly, blames the delays on Democrats for trying to ensure all votes were tallied from the November 6th general election! [Post-air update!: GA agrees to count ballots that arrive by December 7th, if post-marked by Election Day!]

In North Carolina, the U.S. House election mystery in the 9th Congressional District has now fairly clearly become a GOP election fraud case. We've got new details today, based on affidavits from voters in Bladen County who describe an unlawful scheme, apparently by a GOP contractor for the Republican candidate, to collect absentee ballots and either alter them before delivery to the County or not deliver them at all. This follows on the surprise State Board of Election decision on Tuesday to not certify the NC-9 race, as previously expected, between Republican Mark Harris and Democrat Dan McCready. Until the new revelations of apparent election fraud, Harris had reportedly won the race by just 905 votes out of more than 280,000 cast. However, as recent analyses have revealed, Harris apparently received a virtually impossible number of absentee by mail votes in Bladen County. On Friday, the NC State Board of Elections decided to delay action until after a a hearing to review evidence in the matter on 6 December 21. They have the authority to, among other things, order a completely new election in the Congressional District.

Finally today, in a widely-reported skirmish at the U.S. southern border with Mexico near San Diego last weekend, U.S. officials fired tear gas into Mexico, sending many women and children migrants from Central American running for the lives. 42 arrests were made by U.S. Customs and Border officials, but AP reports this week that none of the migrants detained will actually be charged with any crimes!

Nonetheless, in the wake of the U.S. use of tear gas on asylum seekers, former Trump staffer Boris Epshteyn, who is now Sinclair Broadcast Group's Chief Political Analyst, offered a commentary in response which local news outlets at hundreds of Sinclair-owned television stations around the country were told to run. Epshteyn's offensive "must-run" commentary charges that migrants were "attempting to storm" the U.S. border in an "attempted invasion of our country. Period." The commentary, as usual, echoed the politics and rhetoric of Epshteyn's far-right nationalist fear-mongering former boss who had sent thousands of U.S. military troops to the border in the days before the midterm elections to, purportedly, help propel the so-called "invasion" by men, women and children fleeing violence and poverty in Central America by foot.

We're joined today by PAM VOGEL of Media Matters who has been documenting Sinclair's abuse of our public airwaves at otherwise-trusted local media outlets, which are now required to carry Epshteyn's "must-run" commentaries as often as five times a week. While Sinclair initially distanced themselves from their own Chief Political Analyst in a "tepid response" after public outrage emerged following Epshteyn's offensive "invasion" commentary, the company has since come out in his support, turning their efforts to false attacks on Media Matters instead. Vogel details the shameful story and how Sinclair could --- and indeed may --- face license renewal problems from the FCC for their abuse of our public airwaves with biased, false and far-right propaganda on their nearly two-hundred television stations across the nation.

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