As usual, the incoming President has almost no clue what he's talking about. Not that he cares or that it matters. That's especially true, as discussed on today's BradCast, when it comes to elections and voting laws. [Audio link to full show follows this summary.]

FIRST UP... It's another one of those fire-hose news days akin to what we experienced, day after day, during the first Trump term. We can only cover what we can cover. So, we start with the news, as reported by CNN today, that the House Ethics Committee voted in secret earlier this month to release the report from their years-long investigation of allegations against now-former Rep. and now-former Attorney General nominee Matt Gaetz. The report, which Republicans on the bipartisan panel voted against releasing in November, is said to focus on allegations of Gaetz' salacious sexual misconduct with minors, illicit drug use, and other crimes, potentially included bribery and more. CNN says the Committee has decided to make the report public "after the House's final day of votes this year" unless they "change course now that it has voted."

NEXT... In an update to a story we've been following since last month's election, the North Carolina State Board of Elections has decided it will not order a full hand-recount in the election for State Supreme Court between the incumbent Democrat, Justice Allison Riggs, and her Republican opponent, Jefferson Griffin. The original computer-reported tally from the November 5 contest found Riggs defeated Griffin by 623 votes out of more than 5.5 million ballots cast. A Griffin-requested machine recount widened Riggs' lead to 724 votes over the Republican challenger, who then requested a hand-count. State law allows a small number of precincts in each county to be hand-counted before ordering a full hand-count in the event that the smaller audit is way out of line with the computer recount. In the hand-count samples in all 100 counties in NC, both candidates picked up votes (Riggs gained 70, Griffin picked up 56), but it was not enough to trigger a full, statewide hand-count. With Riggs declared the certified winner, Griffin is also seeking to toss some 60,000 ballots out entirely, claiming those voters, including military and overseas voters, were either not entitled to vote or to have their votes counted. The matter is expected to end up at the state Supreme Court. Presumably, Justice Riggs, one of just two remaining Democrats on the seven-person High Court, will recuse herself if that happens.

THEN... Donald Trump has been vowing and/or threatening to end Joe Biden's "EV mandate" on "Day One" when he takes office, even though there is no Biden "EV mandate." A week or so ago on Meet the Press, Trump reiterated his plans to sign Executive Orders to "end the electric mandate immediately for the cars" and for "ending a lot of the environmental things that were ridiculous that hurt our country very badly and didn't do anything for the environment...ya know, standard things." This week, Reuters has an exclusive report on the specific plans from the Trump Transition team for those "standard things", including what the news outlet describes as "sweeping changes to cut off support for electric vehicles and charging stations" and to redirect that funding to "national-defense priorities." The plans also involve reversing California's (and twelve other states') emission standards that save lives and reduce energy prices for residents, and doing away with the Biden administration's $7,500 consumer tax credit for EV purchases, a policy expected to harm U.S. automakers like General Motors (if less so for Tesla, whose CEO spent more than a quarter of a billion dollars to get Trump elected). But all of those things may be easier said than done, certainly on "Day One", as Desi Doyen explains.

FINALLY... Speaking of easier said than done, Donald Trump has also been demanding changes to voting and election laws, most prominently after he began falsely claiming that the 2020 election was stolen from him. Earlier this month, he declared at a Fox "News" event, once again, that "we want to have paper ballots, one-day voting, voter ID, and proof of citizenship" among other changes to election law that he has repeatedly called for. He doesn't seem to understand most of the things he's demanding, nor care about the fact that some of the measures would disenfranchise millions of Americans.

We're joined today by JOSHUA A. DOUGLAS, election law professor at the Univ. of Kentucky College of Law; author of a number of recent books on American democracy, and now the host of the Democracy Optimist podcast and companion newsletter.

This week, at Washington Monthly, Douglas explained why Trump, in truth, will have "little official power to implement the new rules he supports," given that the U.S. Constitution gives most power regarding elections to the states. While Congress has certainly adopted a number of landmark federal voting laws over the years, Douglas tells me today, "it's really a process of local control. The President himself cannot issue an Executive Order or some sort of decree that elections should be changed one way or the other without states being the ones to pass those laws --- or Congress, but that's a difficult path, as well."

"The President doesn't have any power unilaterally to dictate election rules," says Douglas, while recognizing that Trump will have both the bully pulpit to muscle Congress and states into adopting new laws and rules, along with the power to appoint members of the Federal Elections Commission (FEC) and Election Assistance Commission (EAC) and, particularly in Trump's case, to direct his Dept. of Justice to enforce certain laws and ignore others. "But the President, under the Constitution, doesn't have any formal powers to regulate elections, beyond signing or vetoing a Congressional law."

We step through some of the specific measures Trump has been demanding, such as "paper ballots" (which the vast majority of voters already use), "one-day voting" (ending absentee and early voting), Voter ID (already mandated by most states and, under federal law, already required when registering voters in all 50 states), and the point that most concerns Douglas, "proof of citizenship" when registering to vote. If actually adopted at the federal level, he argues, it would likely disenfranchise tens of millions of voters and become "a real logistical nightmare for election officials."

The efforts by Republicans to change election laws on the state level, are a different matter, as Douglas explains as well. But, bottom line, there is no "magic wand" for Trump to use to undermine elections by himself, much less on "Day One". And there are quite a few things that YOU can do, to stop him and anyone else who would try to restrict our right to vote.

Given recent events, is Douglas still the "democracy optimist" he was when he originally named his podcast and newsletter earlier this year? Tune on in to find out...

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It's a jam-packed show today, as we try to fit as much in as we can for our last BradCast until after the Thanksgiving holiday. Yes, we're taking a much-needed week off next week. But we've got some advice for all of us on today's program on how to (try and) survive the holidays with MAGA friends and family members and, perhaps, pave the way for a better tomorrow. [Audio link to full show follows this summary.]

Among our coverage today...

• Minutes after the Gaza Health Ministry announced that 44,000, mostly women and children, have been killed during Israel's 13-month long war following the October 2023 Hamas attack that killed 1,200 in Israel, news broke from the International Criminal Court. Warrants have been issued by the ICC for the arrest of Israel's far-right Prime Minister Benjamin Netanyau, his former Defense Minister and Hamas' military chief on charges of crimes against humanity and other war crimes. We explain what that means and doesn't.

• Police in Monterey, California on Wednesday night released a 22-page report [PDF] on the 2017 sexual assault allegations filed by the organizer of a Republican women's event against Pete Hegseth, a featured speaker at the forum, Fox "News" weekend host and Donald Trump's nominee to be the next U.S. Defense Secretary. The police report includes disturbing and seemingly damning details, as well as corroborative statements and texts from a number of witnesses and medical personnel. Police had recommended the case to the Monterey County District Attorney's Office for review at the time. Hegseth, who says the tryst was "consensual" and denies allegations of drugging the victim and preventing her from leaving a hotel room, paid a cash settlement to her last year to avoid a lawsuit. Somehow, the Trump Transition team claims to have known nothing about these charges and, in the meantime, Hegseth remains Trump's pick to head the U.S. Dept. of Defense.

• Fellow accused sexual miscreant, Matt Gaetz, however, is no longer Trump's nominee to be the nation's top law enforcement official. He withdrew from consideration to be the next U.S. Attorney General on Thursday morning, following daily revelations of new evidence supporting claims that the former Florida Congressman paid thousands of dollars for sex with 17-year old girls, trafficked the underage minors across state lines, used illicit drugs and other activities which would be disqualifying for the job of the nation's top cop in every Administration but Trump's. Gaetz resigned from Congress last week, on the same day he was tapped by Trump, just one day before the House Ethics Committee was to consider releasing their report on all of these allegations. His resignation letter reportedly stated that he did "not intend to" take the oath of office in the new Congress following his re-election on November 5. Don't be surprised, however, if he shows up anyway to take the oath of office on January 3rd, when the new Congress is sworn in. Telling the truth about anything has never been Gaetz' strong suit. (Moments after we got off air, former Florida A.G. Pam Bondi --- who declined to investigate allegations against Trump after he made a donation to her campaign --- was tapped as Trump's new nominee to lead the U.S. Justice Dept.)

• We've got still more evidence today about the polluted "information environment" that many, including myself, have blamed for the re-election of Trump over Kamala Harris on November 5. In this case, a new survey finding that some 74% of voters had heard about Harris' non-existent "plan" to "protect the rights of transgender people," thanks to $37 million in ads citing the false claims about the Democratic nominee, and a failed media environment --- corporate, social and independent --- simply unable (or uninterested) in accurately informing the electorate to the contrary. (In related news, both Desi and myself are now on Bluesky! Please follow us there! She is @GreenNewsReport.bsky.social. I am @TheBradBlog.bsky.social.)

• Then, we're happy to once again be joined today by RICH LOGIS, Founder and Executive Director of Leaving MAGA, a non-profit formed to help others, like himself, escape what he describes as the "Cult of MAGA". Logis spent years as a Republican pundit turned dyed-in-the-wool Trumper, having voted for the disgraced former and future President in both 2016 and 2020, before finally coming to the difficult realization that he'd been taken in by a dangerous cult leader.

  Logis contributed to the Democratic National Convention this year with video testimonials from fellow former MAGA members and worked on behalf of the Republicans for Harris campaign.

  Today he joins us to discuss, among other things, what he's learned over the past year from his series of podcast interviews with fellow former MAGA cultists; what he attributes Trump's victory to (hint: he agrees me with about the polluted "information environment" in which Trump supporters are no longer able to distinguish truth from lies); and how he recommends non-MAGA Americans deal with their MAGA family members and friends over the upcoming holidays.

  "Donald Trump's toxic superpower is lying," Logis tells me today. "The rightwing in the Republican Party lie about everything. So I succumbed to mis- and disinformation. When I realized that I had, by diversifying my news and information sources, it set me on the pathway to leaving MAGA."

  Logis believes, as I do, that there will be more --- not fewer --- people looking to leave MAGA in the months and years ahead, as the reality of Trump's next clown show takes shape. The time to start helping them to do so is now, he argues.

  While conceding that it might sound "very naive", he advises progressives and other non-MAGA folks to try and "make some dinners politics-free this year." But, if that can't be done, he recommends attempting to "extend the olive branch and say, 'I would like to have more of the kind of relationship that we may have had before 2015 and 2016.'"

  Logis makes the case that, even while recognizing that many MAGA opponents will not feel like it's their duty to take that step. "It's a way to reopen opportunity, reopen that door," he asserts, so when those folks are finally ready to leave MAGA, hopefully in the not-too-distant future, they will know there is space and an exit ramp for them to do so.

  Anyway, as usual lots more in my conversation with Logis today. And he does have some cred here, as he once again felt it necessary to apologize for his part in "helping Donald Trump divide our country, pitting complete strangers against each other, tearing asunder friendships, families, communities and places of worship." He explains that his work in creating Leaving MAGA "is a way for me to make amends."

• Finally today, Desi Doyen joins us for our latest Green News Report and last before our Thanksgiving break, with news on the back-to-back, climate change-fueled monster storms that slammed the Pacific Northwest over the past several days; a new report on how the climate crisis intensified every U.S. hurricane in 2024; the discovery of a huge cache of "rare earth" elements in a surprising location in the U.S.; and New York's Governor changing her mind, yet again, about congestion pricing in NYC to help reign in both traffic and air pollution while bringing in a ton of much-needed dollars to the city...

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Will he ever face any punishment for his many crimes? That is among the many issues covered on today's BradCast. [Audio link to full show follows this summary.]

FIRST UP... The fight over Donald Trump's absurd selection of alleged statutory rapist Matt Gaetz as the next U.S. Attorney General continued in Congress today, as Republicans on the House Ethics Committee appeared to block the release of the report from a years-long investigation into the former Florida Reps' well-documented record of alleged sex trafficking of minors, paying some $10,000 for sex, and illicit drug use, among other (previously) disqualifying issues for someone tapped to head the Dept. of Justice as the nation's top law enforcement official.

THEN... The clown show of other Trump appointments to key government posts has continued over the past 24 hours with the selection of pro-wrestling's WWE co-founder Linda McMahon to head the Dept. of Education (which Trump has previously vowed to shut down) and TV doctor/snake-oil salesman Dr. Mehmet Oz to head up the Centers for Medicare and Medicaid.

But one of Trump's picks this past week has received much less attention than it deserves. Brendan Carr, author of the chapter on the FCC in Heritage Foundation's Project 2025 [PDF], was selected over the weekend to become Chair of the Federal Communications Commission, even though Trump pretended during the campaign that he wanted nothing to do with Project 2025 and the people who created it. Carr quickly took to his friend Elon Musk's Twitter/X after his nomination on Sunday to declare a war on "censorship" by Big Tech companies, before subsequently appearing on Fox "News" to suggest the FCC must review broadcast licenses granted to news outlets like CBS. During the campaign, Trump called for the censorship or complete shutdown of almost all broadcast and cable news outlets that are not rightwing propagandists.

It must also be noted that Project 2025 specifically calls (see p. 279) for reviewing the broadcast licenses to Pacifica Radio Network, which has dozens of affiliate stations across the country that air The BradCast every day, including KPFK, our flagship station here in Los Angeles.

NEXT... The New York state justice system is in completely uncharted waters at the moment, with the election of Donald Trump following his conviction earlier this year on 34 felony counts of fraud related to his hush money payment to adult film actress Stormy Daniels before the 2016 election. Sentencing in the case had been scheduled for November 26. But this week, prosecutors from the office of Manhattan District Attorney Alvin Bragg informed Justice Juan Merchan they were willing to pause sentencing to litigate Trump's assertions that, following his election this month and the U.S. Supreme Court's absurd "Presidential Immunity" ruling over the Summer, he can never be sentenced at all and the case must be dismissed in full. NY prosecutors, however, disagree and argue he should still be sentenced even if, in a worst case scenario, it must wait until after Trump is out of office.

We're joined today to help us make sense of this mess by George Washington University law school professor RANDALL D. ELIASON, who previously served as chief of the U.S. Justice Dept.'s Fraud and Public Corruption section in D.C.. Over the weekend, Eliason argued in an article at The Atlantic that New York must proceed with sentencing of Trump before he is sworn in to office next January.

"At this point," he tells me today, "it's almost less important what the actual sentence is. But I think it's important for the justice system to see that this case gets concluded, and doesn't just kind of dangle out there for the next four years. The case has already been tried and we already have a jury verdict. And it could be sentenced before he even takes office. That's not going to 'chill' him from doing anything as President, because it's over, and it's not going to take any of his time because appeals are handled by the lawyers."

While conceding "we don't have any precedent for any of this" and that a prison sentence certainly can't happen while he's in office, Eliason argues that it's "important now that A sentencing happens," even if it "can't be that meaningful or consequential. But I think it should take place just as a matter of the justice system completing this prosecution, honoring the jury's verdict, and having an official judgment of conviction entered on the record that he is, in fact, a convicted felon. Then the appeals can proceed in the normal course."

In addition to much more on that, we also discuss...

• The "extremely concerning" appointment of Matt Gaetz as U.S. Attorney General, who, the longtime DoJ veteran Eliason describes as "completely unqualified for the job" with "his only connection to the Justice Department, as far as I can tell, as the subject of a criminal investigation";
• The likelihood of Trump using recess appointments to push many of them through without Constitutionally-mandated Senate oversight. "How much Trump can get away with is going to come down to whether Senate Republicans have any backbone at all, and are willing to stand up for their Constitutional role for advice and consent." (Uh, oh);
• Whether the sprawling racketeering conspiracy case against Trump can continue in Georgia against his 18 indicted co-conspirators even if the ringleader of the attempt to steal the 2020 election in the Peach State is now either let off the hook entirely or is allowed to defer the trial until after he is out of office;
• How Eliason would like to see Special Counsel Jack Smith end the two federal indictments against Trump for his attempt to steal the 2020 election and his theft of hundreds of pages of highly classified national security documents the last time he left office in 2021;
• And whether Trump will still have to pay his civil penalties no matter what happens, including the $355 million fraud verdict against him in New York State and the $83 million jury award in the sexual assault case against him won by writer E. Jean Carroll...

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Okay. The best way to take in today's BradCast is simply to listen to it. That is almost always the case, but especially today. The stuff you are tuning in for is likely right up front today. [Audio link to full show follows this summary.]

I have been hearing from a lot of listeners of the show and readers at The BRAD BLOG since the election, especially on the heels of our coverage last week of a letter sent to Vice President Kamala Harris by a group of top-flight computer scientists and cybersecurity and voting system experts, explaining to her why they are strongly urging her to seek hand-recounts of ballots in several battleground states. I covered their 5-page letter [PDF] in detail on our show last Thursday, along with my interview with longtime University of South Carolina computer science professor and voting system expert, Duncan Buell, one of the signatories.

Around the same time, a longtime financial services security expert, Stephen Spoonamore, who I've known for many years, also begin describing his own concerns about the reported results of the November 5th Presidential election, and has now sent two "Duty to Warn" letters to the Vice President (here is his latest) also recommending she ask for hand-recounts in several battleground states.

While the group of experts cite well-documented evidence of Trump supporters unlawfully breaching proprietary voting systems, copying its software and distributing it across the Internet following the 2020 election, in states including Georgia, Michigan, Pennsylvania and Colorado (for which several have been charged and/or convicted with felony crimes), Spoonamore's worries are a bit more speculative. He is concerned by his analysis of a reportedly high number of what are known as "Bullet Ballots", which include one single vote (in this case, for Trump for President) and for no one else on the ballot. He augments that concern with what he fears could be a related bevy of hoax bomb threats in largely Dem-leaning jurisdictions on Election Day, said to have come from Russian email domains, as well as the use of Trump supporter Elon Musk's Starlink Internet system in a number of places.

My opening monologue today speaks to all of those concerns, as shared by many Harris supporters who --- not unlike Trump supporters in 2020 and Clinton, Sanders and Kerry supporters in years past --- are suspicious of the reported results of the election. I try to offer some much-needed clarity about what Spoonamore, somewhat misleadingly, described originally as Bullet Ballots, cast at a suspiciously high rate in some battleground states, but not in immediately neighboring states, as well as his other allegations.

Many more details in the show, right up at the top, if you want to give it a listen. But, the long and short is this: It doesn't matter what one's reasons may be for a lack of confidence in the reported results, as currently tallied almost entirely by computer tabulators, either correctly or incorrectly. The only way to answer those concerns, and to determine if the results were tabulated accurately, is with a public hand-count of ballots, either in whole or even in a smaller audit of a random sampling of precincts to ensure computer-reported results accurately reflect the intent of voters.

That has been true for the two decades that I have been reporting on these issues and similar concerns --- sometimes justified, sometimes not (again, it doesn't matter) --- whether they come from Republicans or Democrats or third-party voters. Publicly hand-counting paper ballots (hopefully hand-marked paper ballots!) is the only way to possibly gain confidence among those in the electorate who are suspicious, rightfully or not, about reported results. Public hand-counts remain the Gold Standard for democratically conducted elections --- no matter how many in the media, or even in the "elections industry", misleadingly suggest otherwise.

When you really REALLY need to know who won the closest of elections, you publicly hand-count the ballots. Doing so, by the way, is not always dispositive. There are still sophisticated ways to defraud even a publicly hand-counted election. But it's the best and easiest place to begin.

As noted, there is much more specific detail in my coverage of all of this today, including, for example, news on a hand-counted audit of several precincts this week in Centre County, PA, following a still-unexplained problem uploading absentee ballots into the County's tabulator system on Election Day. So, for those who have touched base with me about any or all of these related concerns, please tune in today!

ALSO TODAY...

• Speaking of counting votes in Pennsylvania, hedge-fund CEO and Republican U.S. Senate candidate Dave McCormick currently leads three-term Democratic Senator Bob Casey by about 17,000 votes, or about one-quarter of one percent, out of nearly seven million votes tallied in the contest. A recount is set to begin shortly, and Counties may choose to count ballots either by hand (please do!) or by a different computer-tabulator than those used to tally them originally. But all of that is taking place amid a legal battle that has stretched on for years, concerning whether absentee ballots, which are known to have arrived on time, but with missing or incorrect dates on their outer envelope, should be counted. A number of counties led by Democrats say yes, they should be counted and that the dates are meaningless. That is true and almost everybody --- even many Republicans, including McCormick who sued to include such ballots in the count when he narrowly lost a 2022 GOP primary --- agree! But, in response to lawsuits filed by 2024 Dave McCormick joined by the Republican National Committee, the Pennsylvania Supreme Court ruled on Monday that, no, those votes may not be counted this year, since (terrible) state law mandates they may not be. More details, as usual, on today's program.

• Yesterday on The BradCast, we discussed the importance of full and proper FBI vetting of nominees to top Presidential Administration posts with former Deputy Asst. Attorney General and former Chief Counsel for Nominations in the US Senate, Lisa Graves. Instead, Donald Trump's team has hired a private firm to vet potential nominees. Graves explained how such background checks are critical for ensuring that top government officials do not have leverage that may expose them to blackmail, etc. Well, new details now coming out about the allegations of sex trafficking of 17-year old girls by Trump's nominee for U.S. Attorney General, Matt Gaetz serve as a reminder of how important that is. The fact that files said to detail evidence and testimony on some of the most illicit and disturbing charges against him were reportedly hacked from a law firm on Monday puts a huge, blinking, screaming red flag next to that point!

• Finally, Desi Doyen joins us for our latest Green News Report as Trump nominates climate science deniers and fossil fuel profiteers to top environment-related cabinet posts, and as President Biden visits the Amazon Rainforest to tout some of his landmark achievements taking on climate change...before Donald Trump returns to office and works to reverse much of that critical progress...

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Today on The BradCast: He hasn't even been sworn in and he's already violating federal law. Surprised? In this case, the law that he's violating is one that he himself signed into law in 2019. [Audio link to full show follows this summary.]

The flood of wholly-unqualified appointments to cabinet level posts and other top appointments, since Donald Trump barely won a plurality (not a majority) of the national popular vote two weeks ago, continues. You're probably well familiar by now with the nominations of alleged child sex trafficker Rep. Matt Gaetz for U.S. Attorney General, the nation's top law enforcement official, and of Fox "News" weekend host Pete Hegseth as Defense Secretary.

Neither have any experience leading huge organizations (or even medium-sized ones) with millions of employees --- or even any experience at all at the organizations they have been tapped by Trump to lead. And Hegseth, who was disqualified from serving in the National Guard during Joe Biden's 2021 inauguration as a potential "insider threat" due to his White Supremacist tattoos, was also revealed over the weekend by Washington Post to have paid off a woman to settle her accusations of sexual assault. He reportedly denies the rape allegation, if not the settlement.

The Trump Transition team claims they knew nothing about any of it when they selected Hegseth to head DoD. That should give you chills. Perhaps that's because the Transition team hired a private firm to vet Trump's nominees, rather than rely on the FBI, as they would be doing, had Trump complied with the bipartisan amendment to the Presidential Transition Act that he himself signed into law during his first term.

The measure also requires Presidential candidates to sign agreements with the White House and General Services Administration by October 1 before an election to begin the transition process with a publicly disclosed ethics policy and a public statement of how the future President plans to avoid conflicts of interest while serving, if elected. It allows for FBI vetting of incoming officials to grant access to classified documents and other material from the previous Administration at the nation's 438 Executive Branch agencies that they will control. Signing the agreement, as required by law, also includes a vow that Transition teams may take no more than $5,000 from any one person for certain transition costs, and that they will publicly disclose the names of those donors, among other things.

Donald Trump has, so far, refused to sign any of those agreements, alarming ethics, national security and legal experts as he begins defying federal law (again) even before taking office for a second term as President.

Joining us to explain the national security and other serious consequences and ramifications of all of this is LISA GRAVES. She is uniquely qualified to discuss these issues, given her service in all three branches of the federal government, as a Former Deputy Asst. Attorney General at the U.S. Justice Dept.; former Chief Counsel for nominations in the U.S. Senate; and former Deputy Chief for the Article III Judges Div. of the U.S. Court system. She now heads up the government watchdog and political research organization, True North Research.

We've got a lot to discuss with Graves today, beginning with what alarms her most about Trump's refusal to sign the Presidential Transition Act agreements. She identifies the avoidance of the FBI background investigation process as a "huge red warning flag."

"He does not want his cabinet appointees to go through the regular clearance process. The FBI background process is a long-standing part of the process," she tells me. It's "designed to help look at whether you have any issues that could made you blackmailable. That's part of it. For people who are seeking access to our most sensitive information, there are additional national security assessments. The investigators are looking at: do you have stability, trustworthiness, reliability, discretion. Do you have good character and judgment, honesty, and unquestionable loyalty to the United States to ensure that people who get positions of trust, with access to our most sensitive information, have unquestioned loyalty to the United States and not a foreign power."

Graves argues that "many" of Trump's nominees "have serious deficits in more than one of those categories." She also tells me that Trump's own "track record would raise serious concerns about his trustworthiness, his reliability, about his fitness for having access to information."

As to Trump's plans to force the U.S. Senate into recess, so that he may avoid the Constitution's mandate for "advice and consent" on top-level appoints, she describes the scheme as "un-American, unconstitutional, and unprecedented."

Tune in for much more insight from Graves on all of this on today's program.

FINALLY TODAY... A few more items related to the U.S. House Ethics Committee's ongoing deliberations into whether to release their report on the alleged paid sex trafficking by Gaetz of at least two different 17-year old girls. And then Desi Doyen joins us for details on Trump's newly announced nomination of fracking company CEO and climate change denier Chris Wright as the next chief of the Dept. of Energy. She also has some thoughts on Trump's Interior Dept. nominee, North Dakota Gov. Doug Burgum, and on former Rep. Lee Zeldin who has been nominated to head the EPA, and how ALL of those men spell very bad news for our world's quickly-worsening climate crisis...

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It's going to get much darker and more ridiculous, before it begins to get better. But it is not "The End", despite a suggestion of same here and there throughout today's BradCast. [Audio link to full show follows this summary.]

Among our coverage today...

U.S. House race updates from California where, this week so far, one seat has flipped from "red" to "blue", another that had been expected to turn "red" will likely stay in Dems hands (the seat formerly held by Democratic Rep. Katie Porter), and another longtime "red" seat (since 1980!) appears on the verge of flipping to Democrats. Even so, as of airtime, Republicans are now just one seat away from narrowly winning majority control of the lower chamber of Congress.

Donald Trump lost his first political battle with his upcoming Republican U.S. Senate Majority on Wednesday morning, as South Dakota Sen. John Thune, a Mitch McConnell deputy, was selected by the Caucus as its new Majority Leader. MAGA enemy McConnell is set to retire and Florida Sen. Rick Scott, loudly lobbied for by MAGA, was defeated in the contest to replace him.

Another wave of stooges, corporatists and/or unqualified buffoons were named for key Trump Admin roles since yesterday's program. And the latest wave includes some real humdingers!...

• 'The Ultimate Corruption': Richest-man-in-the-world and major government contractor Elon Musk and failed GOP Presidential nominee Vivek Ramaswamy were named to head up the "Dept. of Government Efficiency" (DOGE! Get it?), even though, as AP notes there is no such government agency.
• 'Who the f--k is this guy?’: Trump's nomination of Fox "News" weekend host and former National Guard major Pete Hegseth's nomination for Defense Secretary --- to oversee an $800 billion annual budget and nearly three million troops and civilian employees --- stuns the military world.
• A Gift for Vlad: With no experience at all in the field, jilted Democratic Congresswoman/Presidential nominee turned Republican Putin propagandist and Trump fan Tulsi Gabbard is named to be the next Director of National Intelligence.
• 'Uniquely Awful': Florida Congressman and MAGA insurrection supporter Matt Gaetz, long investigated for the alleged sex trafficking of minors, is named to be Trump's U.S. Attorney General.

Then, we're joined by longtime national security and accountability journalist MARCY WHEELER of Emptywheel, to walk through the post-election status of the four different criminal felony indictments (and 34 convictions) of the incoming President of the United States.

Donald Trump's cases at the federal level --- for stealing national security documents and inciting the January 6, 2021 attack on the U.S. Government as one of several failed attempts to steal the 2020 election --- will now, most likely, just go away. Though Special Counsel Jack Smith is reportedly putting together final reports in those cases for potential release in advance of Trump taking office.

"The cases are going to end, but I suspect Jack Smith was already thinking about what he would do if Trump won, and the way in which to leave the best record available," Wheeler tells me, suggesting that he may do it soon enough that there could be public hearings on those indictments in the U.S. Senate, while Dems are still in majority control.

The two cases at the state level --- in New York, where he was convicted on 34 felony counts of fraud related to hush-money payments to help him win the 2016 election, and in Georgia, for trying to steal the 2020 election --- are a bit more complicated. It's less clear what will happen next in both cases, as sentencing is currently pending in NY and appeals are continue in GA where Trump's 18 co-conspirators, including his disgraced lawyer Rudy Giuliani and former Chief of Staff Mark Meadows, may be tried without him.

We also discuss what happens to Trump's civil verdicts where he was found liable for $355 million for fraud in New York, and for $90 million in the E. Jean Carroll sexual assault case.

Wheeler also discusses the pending fraud charges against Trump buddy Steve Bannon; the outrageous nomination of Matt Gaetz as Attorney General ("All of these Jan 6ers are going to be released, probably including the seditionists."); whether A.G. Merrick Garland could have done anything to bring any case against Trump to a trial, much less a conclusion, before this year's election; and how "the Republican Party, as a whole, has decided that they do not believe in rule of law anymore"...

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When it rains, it pours on today's BradCast. [Audio link to full show follows this summary.]

Among the muck we wade through today...

• Hurricane Milton walloped much of central Florida after coming ashore as a Cat 3 om Wednesday night, just south of a worst-case-scenario direct hit on Tampa Bay. But, as we've learned since covering Hurricane Katrina way back in 2005, it's best never to say "they dodged a bullet" too early.

• Just in case your favorite media outlets featuring wall-to-wall wind-whipped reporters foolishly risking their lives by standing outside in multi-colored rain slickers to fulfill your disaster porn needs forgot to tell you that man-made climate change exacerbated Milton's awesome destructive power and signals an even grimmer future for us all, Desi Doyen has you covered today.

• While Donald Trump has been lying to you about FEMA and the Biden-Harris Administration's response to both Hurricane Milton this week and Hurricane Helene last --- and putting his own brain-poisoned supporters at grave risk in the bargain --- three points worth noting today: 1) Everything out of Trump's mouth on these subjects is a lie. (But you knew that, right?) 2) All of the Republican Governors in all of the effected states have lauded the response from FEMA and Joe Biden. 3) Since they're all on the ballot this year, it's worth noting that a whole bunch of Republican Congressmembers from Florida voted against funding FEMA at all this year just DAYS before Helene made landfall, even as many of them are now demanding more money for FEMA. As you or someone you know may be voting in the Sunshine State soon, you should know the names of those hypocrites. They are: Reps. Aaron Bean, Gus Bilirakis, Kat Cammack, Byron Donalds, Matt Gaetz, Laurel Lee, Anna Paulina Luna, Cory Mills, Bill Posey, Mike Waltz, and Daniel Webster.

• As Donald Trump continues to line his pockets (his own, not his campaign's!) in a seemingly desperate, hopefully Going Out of Business sale --- Shitty golden sneakers! Cheap silver coins! Worthless NFTs! $100,000 diamond-encrusted watches! (They make a perfect off-the-books Christmas bribe from your favorite foreign autocrat!) --- his $59.99 Trump-endorsed, Lee Greenwood-branded "God Bless the USA" faux-leather bound bibles may be his sleaziest scheme yet. But that hasn't prevented Ryan Walters, the MAGA Superintendent of Public Schools in Oklahoma, from trying to force state tax-payers into buying 50,000 of them to place in every classroom, even while all but ignoring a year-old, already-funded state mandate to purchase emergency asthma inhalers for schools. (He'll get to it, okay? He's busy with the Trump Bible thing right now! Never mind that child who died at school for lack of one!) Oh, and as long as we're on the topic, AP did some digging this week to find that Trump's "God Bless the USA" bibles are actually "printed in a country that the former president has repeatedly accused of stealing American jobs and engaging in unfair trade practices --- China." In reality, AP discovered, they actually cost less than $3 a piece to print. But, don't worry, while Bible experts say it's crap, you can still buy a version hand-signed (or so the website says?) by Trump himself for the low-low price of just $1,000 if you act now!

• Finally, Desi Doyen joins us to help mop things up with our latest Green News Report on Milton's landfall, Republican disinfo on FEMA and its funding shortages, and President Biden's landmark rule that will now, officially, finally replace every toxic lead water in America! (Sure, but does he have overpriced, crappy, Chinese-made bibles to sell?)

All that before I close the show with an offer you can't refuse! God bless the USA!...

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The corrupt House GOP is in shambles but, for some reason, the corrupt Republicans at SCOTUS appear to have momentarily lost the plot, as all discussed on today's BradCast. [Audio link to full show follows this summary.]

We begin where we left off yesterday, as the historic and stunning news had just broken that far-right Republican members succeeded in their scheme to unseat Kevin McCarthy as Speaker of the U.S. House. Moments later, he announced he would not run again for the position. Then, after Republicans adjourned the House until next Tuesday to try and regroup, they immediately began trying to blame Democrats for the Republican coup. They even kicked former Speaker Nancy Pelosi out of her Capitol office, despite her being in California yesterday for Sen. Dianne Feinstein's funeral.

Of course, despite GOP politicians and pundits hoping to blame Dems for their own failure, none of it was evidence of Democratic genius, but of a thoroughly broken Republican party. They may not yet have noticed --- or care to admit it to themselves --- but the party has been collapsing for years under the strain of its own corruption, lack of self awareness, dedication to an autocratic cult leader, and its own toxic mix of of victim-hood, grievance, entitlement, rage and revenge.

Today, far-right Republicans Jim Jordan of Ohio and Steve Scalise of Louisiana tossed their hat into the ring to become the next Speaker. Others may jump in before next week. It may take even more than the record 15 rounds of voting the Republicans needed just nine months ago in January to install McCarthy as their new, if short-lived Speaker.

While the GOP continues to fall apart, the White House continues to fight for Americans by battling back against the corrupted rightwing U.S. Supreme Court. On Wednesday, the Biden Administration announced another $9 billion of student loan debt relief, for a total of $127 billion in loan forgiveness to date for some 3.6 million borrowers. That, as the Administration reformulates a plan to forgive the debt of tens of millions of Americans after SCOTUS made up a reason out of whole cloth earlier this year to reject Biden's previous plan.

But SCOTUS, as their new term got under way on Monday, has already unleashed some surprises. On Monday, the most corrupt Justice on the Court, Clarence Thomas, actually did the right thing and recused himself from a case where he obviously should have. (Are you okay, Clarence?) And on Tuesday, the majority of the Court, including Thomas, Brett Kavanaugh and several other rightwingers, appeared to push back hard against the attempt by Payday Lenders to dismantle the federal Consumer Financial Protection Bureau (CFPB) entirely on wildly dubious grounds.

The effort to undo the CFPB was actually spearheaded by rightwing extremists on the 5th U.S. Circuit Court of Appeals, arguably the most "conservative" (and corrupt) appellate court in the nation. They used a narrow lawsuit by the lenders to declare the CFPB's entire funding mechanism to somehow be unconstitutional, even though, when the consumer bureau was stood up, as the brainchild of Elizabeth Warren during the Obama Administration (before she went on to become a U.S. Senator), its funding mechanism was similar to many other quasi-independent Executive Branch agencies since the founding of the republic.

Thomas noted during oral argument on Tuesday that he did not see "a Constitutional problem" with the funding mechanism. Kavanaugh observed that Congress could change it "tomorrow" if they had a problem with it. Justice Elana Kagan charged the claims of the case were "flying in the face of 250 years of history." Justice Ketanji Brown Jackson, at one point, characterized the challenger's argument to say that "a provision of the Constitution is unconstitutional."

In short, it didn't go well for the lenders or Donald Trump's former Solicitor General who represented them at SCOTUS.

We're joined today to discuss what happened and what it all means --- including for other Executive Branch agencies that the right is similarly hoping to see dismantled, piece by piece, by the Judicial Branch --- by progressive financial journalist, author and Executive Editor of The American Prospect, DAVID DAYEN. He wrote a award-winning 2016 book about the same 2008 financial crisis that spurred the creation of the CFPB.

As Dayen explains today, the agency was created by Congress specifically to protect American consumers against scams by payday lenders, banks, credit card companies and other corporations. It receives its annual funding via the Federal Reserve, with a cap set by Congress. He argues that this case "threatens practically every consumer financial transaction that is made in the country."

After citing dozens of other federal agencies that are not funded via annual appropriates by Congress itself, Dayen asks, "If CFPB is unconstitutional, why wouldn't all these other things also be unconstitutional? In fact, there are plenty of other programs that are not funded by direct annual appropriations by Congress. I'll give you two big ones: Medicare and Social Security. They are mandatory spending. 60% of the federal budget is funded this way. Are they also unconstitutional because they are not exclusively funded by Congress?"

The 5th Circuit, he notes, "made this one ruling trying to help out payday lenders, but it really affects the functioning of daily life." The right has been gunning for the CFPB ever since its creation, and this case was supposed to be the one that finally killed it once and for all. But, Dayen suggests, with the caveat that anything could happen with this Court, after yesterday's argument at SCOTUS, he doesn't see the five votes that would be needed there to kill the CFPB...

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Breaking just before air on today's BradCast: Yup. More GOP chaos in Congress. But I'm sure, by week's end, it'll all be the Democrats' fault somehow. [Audio link to full show follows this summary.]

In the wake of House Dems helping to keep the federal government from a shutdown over the weekend by voting in support of then House Speaker Kevin McCarthy's last-minute, 45-day Continuing Resolution to keep the government open until the GOP's warring factions can pass a budget, Florida Rep. Matt Gaetz filed a Motion to Vacate against the Speaker of the House on Monday. By Tuesday afternoon, just before airtime, McCarthy was ousted in a dramatic 216 - 210 floor vote.

Gaetz and 7 other far-right Republicans joined all Democrats in voting to vacate the Office of Speaker of the House. It was a first in U.S. history.

Of course, we all saw it coming when McCarthy agreed to a deal with the farthest rightwing members of his own caucus in January to allow a single member to file a Motion to Vacate. It was one of many concessions by McCarthy in exchange for allowing him to become Speaker last on the 15th ballot. Moreover, he did himself few favors with the opposition party by breaking many promises with Biden and the Democrats regarding the shutdown, an absurd, evidence-free Impeachment Inquiry and more.

What happens next? That is completely unclear as of this hour, and as we scrambled to cover the historic news while still salvaging at least part of our previously planned program.

As the Republican Party falls apart in Congress, so does the life of the Republican front-runner for the 2024 Presidential nomination. Among our other stories, breaking or otherwise, today...

• The judge in New York overseeing the state's $250 million civil fraud trial against Donald Trump, his company and two of his sons issued a gag order against the former President on Tuesday, after he targeted the judge's law clerk this afternoon in a social media posting and in an email blast to supporters.

• Picking up on our continuing coverage of the racketeering case against Trump and 18 co-defendants in Georgia, related to their broad, failed conspiracy to steal the 2020 election in the Peach State, there was bad news in court on Friday for at least four of the co-defendants. We explain.

• Retired U.S. Marine Corps General, former Secretary of the Department of Homeland Security and Trump's second and longest-serving Chief of Staff, John Kelly, finally went on record today to confirm his direct knowledge of a number of Trump's long-reported attacks against military members and veterans, including by describing them as "suckers" and "losers".

• Kelly's devastating, if long-overdue, on-the-record remarks came in the wake of Trump's recent attack against General Mark Milley, Trump's Chair of the Joint Chiefs of Staff who the former President recently charged with committing "treason", a crime punishable by execution. For his part, Milley, whose four-year term expired last week, offered thinly-veiled, if striking and piqued remarks during his Farewell Address late last week. Without mentioning Trump by name, while describing the uniqueness of the American military's mission to protect the nation and our democracy by taking an oath to protect the Constitution, Milley railed: "We don't take an oath to a country. We don't take an oath to a tribe. We don't take an oath to a religion. We don't take an oath to a king or a queen or to a tyrant or a dictator, and we don't take an oath to a wannabe dictator!" While those comments have received a fair amount of attention by the media, Milley had much more to say along those lines. We share a bit more of his remarks that are worth hearing today.

• Finally, Desi Doyen joins us for our latest Green News Report, after New York saw its third 100-year flood in the past two years over the weekend; extreme heatwaves shattered September records; climate change is straining the home insurance bubble; and Norway's effort to move to 100% electric vehicles is all but complete...

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On today's BradCast: A couple of follow-ups and a deep dive into what almost certainly lies ahead beginning this weekend, including who is likely to be blamed for it, who may or may not still have a job when all is said and done, and what the cost is likely to be to the American people. [Audio link to full show follows below this summary.]

FIRST UP: The news broke just before airtime on yesterday's program, but I've now had time to read Tuesday's full, breathtaking court ruling [PDF] which seemed impossible to believe as it broke yesterday. But, yes, Judge Arthur Engoron's summary judgement ruling in New York state's $250 million fraud case against Donald Trump and his company and his two eldest sons is as brutal, if not more so, than we initially reported it yesterday.

In addition to utterly obliterating the case presented by defendants --- as "pure sophistry", "not relevant", "patently false", "fatally flawed", "simply untrue", "completely irrelevant," and "frivolous", among other things, some of which we share today --- Engoron details several of the eye-popping fraudulent lies told in years of Statements of Financial Condition (SFCs) signed off on by Trump in applications for bank loans. Breathtakingly inflated overvaluations of his key properties, including by 2,300% at Mar-a-Lago alone, where Palm Beach County assessed the property to be valued anywhere from $18 to 27.6 million in the years from 2011 to 2021. During those same years, Trump's SFCs said the property was worth from $426 to $612 million!

In total, the fraudulent overvaluations documented by the suit, just in the years in question, total anywhere from $812 million to $2.2 billion. "Even in the world of high finance," writes the Judge in response to defendants attempts to marginalize the false statements, "this Court cannot endorse a proposition that finds a misstatement of at least $812 million dollars to be 'immaterial'."

Each of the Trump properties seem to be "owned" by Limited Liability Corporations (LLCs) created by the Trump Organization to manage each of them. And, yes, the result of yesterday's ruling --- which we couldn't believe as it was breaking, but have now been able to confirm in the actual court order --- is that the Judge has ordered NY business certificates "controlled or beneficially owned by Donald J. Trump, Donald Trump, Jr., Eric Trump, Allen Weisselberg, and Jeffrey McConney" to be "canceled". He has also ordered "independent receivers to manage the dissolution of the cancelled LLCs."

All of that on summary judgement before the non-jury trial, to be decided by the very same judge, begins on Monday. Youch. There is, of course, the possibility for appeals and such. But it is kinda remarkable how Tuesday's ruling has sort of been downplayed by many of the corporate media outlets. Perhaps they can't believe it either.

Before we get to our guest today on a completely different topic, more good news as the Writers Guild of America approved their new contract with major corporate producers on Tuesday after a nearly 150-day strike. That now clears the way for a bunch of late-night shows to finally return to the air beginning this weekend and by Monday. Some shows and most films will still be largely paused as the actors union remains on strike against the studios.

NEXT UP: A federal government shutdown is now all but certain to begin as of Saturday, thanks to far-right Republicans in the House who are unable to strike a deal amongst themselves for a short-term Continuing Resolution, much less a full budget package for the new fiscal year. Nonetheless, a new poll out this morning suggests that while 1 in 3 Americans blame Republicans, 2 out of 3 are blaming either Democrats or President Biden for the shutdown?!? Seriously?!? How can that be?!?

To help make some sense out of all of this and what is about to happen and what its historical antecedents may be, we're joined today for a great conversation by author, columnist, political scientist, and longtime Congressional historian NORM ORNSTEIN of the American Enterprise Institute. He blames the corporate media's terrible "both sides", "access journalism" coverage for the mistargeting of blame by Americans for a shutdown by Republicans.

"It's entirely on House Republicans, egged on by Donald Trump," he explains. "These people want a shutdown. Because this is not an ideology. It is a theology. The theology is that government is evil, government is bad, lose government, we get freedom, without regard to the realities in the real world and on the ground. They are very happy to have chaos out there."

Ornstein also charges that the GOP, claiming to seek government spending cuts, are "hypocrites" because shutdowns end up costing the government money while hurting actual Americans. "This is not a harm-free zone we're entering into," he warns. "Not only does it not save the government money. In some instances, because functions will be postponed, maintenance will not be done, ultimately it will cost more. They're hypocrites, at minimum. They're not really talking about savings for the government. They're talking about bringing the whole mechanism down because they hate government."

While Republican House Speaker Kevin McCarthy is unable to wrangle his own caucus to even adopt a short term spending package to keep the government open as talks continue, he is also threatened with removal from his post as Speaker by the farthest right elements in the House. Ornstein offers some historical comparisons to this extraordinary moment, and argues that McCarthy "is in deep trouble."

"This movement towards using the threat of chaos, of shutdown, of default, as hostages" by Republicans in recent years, has "resulted in absolutely nothing happening. No concessions. Just the disruption." In recent years, he says, "we have been on a trajectory that is leading us further and further away from adults --- at least those that understand that no one is going to gain politically from a shutdown --- to a position now where we are basically being driven by the lunatic fringe."

He has, as ever, much more to help clarify on all of this today. All of it, as usual, well worth tuning in for...

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Thanks to the billionaire-funded rightwing media machine (and much of the corporate media that is a part of it), it remains all too easy to muddy enough waters to fool a huge chunk of the American people these days with evil, lies and bad faith. All we can do is hold on for dear life on The BradCast each day and hope that pushing back with facts and truth ultimately wins out over evil, bad faith and lies. [Audio link to full program follows below this summary.]

On today's program...

• President Biden made an impassioned case to world leaders for continuing support for Ukraine's existential battle against Russia's evil and lies --- and in defense of democracy --- at the U.N. General Assembly on Tuesday. He also called for uniting the world against our ever-worsening climate crisis.

• Ukrainian President Volodymyr Zelenskyy also addressed the same body to make his own impassioned case that his nation's battle against the barbaric, 19-month invasion by autocratic neighboring Russia is, in fact, a warning for other democracies around the world.

• Here at home, U.S. House Republicans --- who have become alarmingly pro-Putin, pro-Russia and pro-autocracy --- are now eating themselves alive. It seems increasingly unlikely that they can even come to an agreement among their own warring factions to adopt a measure to simply keep the government open and funded after the federal fiscal year ends next week. It is unclear that many of them even want to. As Democratic House Leader Hakeem Jeffries aptly observed over the weekend, the House GOP is now "in the middle of a civil war."

• So, what is Speaker Kevin McCarthy's plan to get out of this mess by October 1, when his extremist GOP caucus threatens to shut down the government without, at the very least, adopting a Continuing Resolution to stay open for another 30 days so Republicans can negotiate with themselves? Impeachment of Joe Biden, of course! (Spoiler alert: There is still no evidence of either high crimes or misdemeanors, but that may not matter. As we discuss, this is the very same playbook that did in Hillary Clinton with "but her emails!" and, back in 2004, John Kerry with that swiftboat nonsense. Apparently, the American people are very easy to fool. Do Democrats have a plan in response?)

• Finally, speaking of being fooled again, Desi Doyen joins us for our latest Green News Report, as California pushes back, in court, against Big Oil's decades of deadly climate lies. As Gov. Gavin Newsom explained when announcing the state's lawsuit against five of the largest fossil fuel companies: "These guys have been playing us for fools. They've been playing all of us for fools."

Don't get fooled again.

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The landmark federal climate bill called the Inflation Reduction Act, adopted last year without a single Republican vote when Democrats held majorities in both chambers of Congress, has a long way to go before we can determine its full success or failure.

On the other hand, as discussed on today's BradCast, if it is going well, but few Americans know it's going well --- as corporate broadcast media spend nearly 24 hours a day on various crises both manufactured and real (ironically, many caused by climate change!) --- can it or will it make a difference in next year's elections? [Audio link to full show is posted below this summary.]

But, FIRST UP today, one (or more) of those manufactured crises. House Speaker Kevin McCarthy's desperate attempt on Tuesday to win over his own far-right caucus in the House by unilaterally declaring an impeachment inquiry of President Joe Biden doesn't seem to be going over very well. He had to break his own vow, made just 11 days ago, to do it only after a full vote of the House. It doesn't seem to be winning over enough colleagues to help him avoid a federal Government shutdown at the beginning of the new fiscal year on October 1. And even fellow Republicans in the U.S. Senate apparently see no evidence of High Crimes or Misdemeanors by the President to warrant impeachment.

On the other hand, he hasn't been pushed out of Speaker job by his own party this week...yet. So there's that!

NEXT: Biden and the Democrats' landmark Inflation Reduction Act --- featuring the largest single investment in history in climate change mitigation and clean energy manufacturing and jobs --- is now one year old. It has already begun to "turbocharging" a massive investment in new manufacturing plants and jobs in the U.S. to help reduce fossil fuel carbon emissions causing our climate crisis. It will soon be funding billions of dollars in home improvement projects to allow low and middle-income homeowners to electrify, solarize, upgrade and simply increase energy efficiency to save money. (NOTE: Not currently applicable in states like Florida, Kentucky, Iowa or South Dakota, apparently, which have failed to join the federal program to help their own residents save money and improve their home values while fighting climate change.)

Our guest today to discuss all of this is the great DAVID ROBERTS, longtime climate, energy and politics journalist and podcaster at Volts.WTF. We last spoke to him a year ago, just after passage of the critical legislation.

He explains today that it is still "too early to tell" whether the legislation is a success or not given all of its many practical objectives, which include vastly lowering emissions, creating millions of good paying jobs, sparking a manufacturing renaissance in the U.S. to bring supply chains home for renewable energy technology and overtaking China's dominance in the sector.

"Because the IRA's goals are so vast," Roberts explains, "it will only be over the course of five to ten years that we really have any understanding of whether it pulled it off. It's trying to do enormous things."

"What we definitely can say," however, is "that one of the goals --- which was to spur private investment into these products and supply chains in the U.S. --- is absolutely working. Last I looked, it's like $270 billion-worth of private investment flooding into the U.S."

But the yardstick for success here may be even longer than you think, according to Roberts. He tells me there is yet another goal for the legislation that is "not as public, but, if you talk to some Biden people behind the scenes, they will tell you that this apocalyptic terror you have about the future of democracy is not crazy."

"We are in a perilous, perilous moment. And part of the thinking behind IRA was that it is these parts of the country that were hollowed out by globalization, hollowed out by decades of reflexive 'free trade' dogma --- it's these parts of the county that have experienced this reactionary backlash that we've all been living through over the past little while. And if that goes on, U.S. democracy is in serious, existential trouble. People are freaked out about that all the way to the top. So, part of the goal of IRA was to channel investment into those areas. And that is happening."

Roberts says that much of the new investment "is coming into Southern and Midwestern states," including by companies like First Solar, which is "investing $1.2 billion into a facility in Louisiana. That is the single largest private investment in that state's history." Similar projects are happening in states like Georgia, West Virginia and elsewhere.

So, all we need to assess success of this enormous new law is whether it helps solves both of the nation's most existential crises: Democracy and Climate Change.

"Spurring investment, yes, it is succeeding. Is it succeeding in muting that reactionary backlash? Is it succeeding in muting these horrendous politics we've dealt with? Is it succeeding in turning a few swing voters in those swing states to help Joe Biden get back into office? That we don't know yet. And part of the problem is that our media ecosystem is broken and dysfunctional, and people just don't know about [the law]."

How to solve that? Well, as you can tell, we've got much to discuss today with Roberts along those lines as well, as he characterizes that part of issue as "the six million question" given "how broken the media is, and how difficult it is to get it to focus on these things."

He's got a few ideas, however, some involve "a huge role for NGOs, for the green movement" and even for you, as the climate, economic and political effects of the IRA one year on are still "TBD"...

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On today's BradCast: Yes, some actual, unqualified good and, frankly, surprisingly good news from our otherwise wildly corrupted U.S. Supreme Court on voting rights and racial gerrymandering! [Audio link to full show is posted below this summary.]

Last year, following oral argument at the High Court in Allen v. Milligan, a Voting Rights Act challenge in Alabama, pretty much all Court watchers and voting rights advocates thought that Section 2 of the VRA was in big, big trouble. That, after the Supremes had already gutted Section 5 of the Act in the Shelby County case back in 2013 and have been nibbling away at the rest of the landmark 1965 law ever since.

But on Thursday, Chief Justice John Roberts and Justice Brett Kavanaugh actually joined with the Court's three liberals in a 5 to 4 majority opinion [PDF], upholding a lower court ruling by a three-judge panel --- including two Trump appointees --- which had determined that Alabama must rewrite its redistricted Congressional maps after the 2020 Census to include a second majority Black U.S. House District.

Early last year SCOTUS had used the "shadow docket" to temporarily put the lower court's ruling on hold without a hearing, allowing the 2022 elections to move forward with just one out of AL's seven U.S. House Districts having a Black majority, despite African-Americans comprising some 27% of the state's population. That ruling --- along with tea leaves read from oral argument last year and Roberts' history of working to dismantle the VRA --- led many to believe the Court would permanently allow the state's racial gerrymander to remain in place, effectively overturning the ban on election laws and House maps created with a racially discriminatory intent.

Alabama's GOP gerrymander had been challenged as a violation of both the Constitution and Section 2 of the VRA, after the Supremes' previous gutting of Section 5 of the Act removed the mandate for jurisdictions to demonstrate in advance that new election laws did not discriminate on the basis of race. Challenges under the Act may still be filed under Section 2, but only after the discriminatory voting measure has been enacted.

The Court's actions last year also allowed similar racial gerrymanders in several other states, including Louisiana, Georgia, Texas and elsewhere, resulting in the GOP winning a razor-thin 5-seat majority in the U.S. House in November.

Thursday's stunning decision, according to experts, could net Democrats as many as four or more seats in the House in the 2024 elections, and is likely to affect ongoing legal challenges in as many as 10 states.

Our guest on today's program believes that, "Gerrymandering and redistricting was one of the big reasons why Republicans probably had about a net gain of between 12 and 15 seats [last year] when you look at the various partisan gerrymanders and the various racial gerrymanders that the Court allowed."

We're joined today to discuss all of this, the details of how it happened, and what it appears to mean going by forward by a stunned DAVID DALEY of FairVote, where he is an expert on gerrymandering and author of two different books on the topic.

"I don't even know what to say," Daley explains at the top of our conversation. "I'm so used to delivering the bad news, and all of a sudden I'm a doctor telling you you're going to live forever. This is an unusual role for me."

But, don't worry. Daley is still able to share a number of concerns about several other cases with opinions coming soon from SCOTUS, despite today's unreservedly good news for voters, voting rights, and the future of the not-dead-yet Voting Rights Act!

THEN, with today's excellent news that may well result in Democrats regaining the majority arguably stolen from them by unlawful GOP gerrymanders last November, the current GOP majority in the House is busy eating itself alive. The party's far-right flank has mounted a mutiny on the House floor this week, in rebellion against Republican House Speaker Kevin McCarthy's debt ceiling deal last week with President Biden to avoid the first-ever default of the U.S. Government. And it's all quite hilarious.

FINALLY, Desi Doyen joins us for our latest Green News Report, as the worsening affects of our climate crisis are now choking Americans across much of the east coast and midwest with toxic smoke from hundreds of record, out-of-control, Canadian wildfires blanketing much of the nation. We also cover the Biden EPA's long-overdue upgrades of Jackson, Mississippi's water system and the ecological disaster in the wake of the destruction of a critical dam in Russian-occupied Ukraine.

[NOTE: Today's program was completed just prior to the breaking news late today of Donald Trump's reportedly 7-count federal criminal indictment in Special Counsel Jack Smith's probe in the disgraced former President's stolen documents case. We'll pick up on that historically good news, no doubt, next week!]

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The last time multiple ballots were needed for any party to elect a House Speaker, a century ago in 1923, it took nine ballots to settle the matter. Today, before we got off the air from today's BradCast, Republican leader Kevin McCarthy had failed to secure a majority on the eleventh ballot. [Audio link to full show follows this summary.]

Not all hope is lost. There's still the all-time record of 133 ballots over two months in 1855-1856 that today's Republican Party has yet to break. Give them time.

So, the 118th U.S. Congress has not yet been gavelled into existence. But that's not the only place where Republicans seem to be tripping over their own legislative [bleeps].

On today's program...

• Up-to-the-minute coverage of the madness and idiocy of Day 3 in the Republican-led House; how the 20 far-right anti-McCarthyites are shooting themselves and their party in the foot; what McCarthy has already given away (pretty much everything) in his still-failed effort to win them over; how Trump may be the biggest loser of all here; the Democratic Party's continuing unified support for leader Hakeem Jeffries (the lead vote-getter, with 212 votes, on each and every ballot to date); why all of this is important and the dangers ahead; a reminder of what the nation is now missing without Dems in control of the chamber; and the question of whether Dems should help McCarthy win the Speakership in exchange for a promise to raise the debt ceiling to avoid a national and potentially global depression, as suggested by Rep. Brad Sherman (D-CA).

• In Pennsylvania on Thursday, Democratic Gov.-Elect Josh Shapiro tapped former Philadelphia city commissioner and election official, Al Schmidt, a Republican, to serve as Sec. of the Commonwealth.

• Also in the Keystone State this week, Democrats in the State House have out-maneuvered Republicans to seat a House Speaker. In a surprise victory last November, Dems won back the majority from the GOP for the first time in a decade, but only by one seat. Then, one Democratic member died and two others vacated their seats for higher office. Until special elections to fill those three seats can be scheduled, both parties were claiming the majority and the right to run the House, set the legislative agenda, and schedule the special elections, which will likely result in a clear majority for the Dems after they are finally held. But Dems were able to win over some Republican votes to elect one of their own as Speaker in a surprise victory this week.

• In another surprise victory for Democrats, this time in the very Republican Ohio state House, Democrats out-maneuvered the GOP again by voting en masse with a group of Republicans to elect a more moderate Speaker than the one the GOP had chosen as their leader just last month. The power struggle comes in the wake of a still-unfolding racketeering scandal for the GOP as the state's former Republican House Speaker, Larry Householder, begins a federal trial this month with his co-defendant, the former Chair of the Ohio Republican Party, regarding $61 million in alleged bribes to pass legislation to help bail out energy giant, FirstEnergy.

• Finally, Desi Doyen joins us for our first Green News Report of the new year, with a ton of stuff we missed over our holiday break, and a bunch of stuff that has happened since our return, including the roll out of billions of dollars in infrastructure upgrades and new incentives for consumers to move to clean, renewable energy, as adopted when Democrats controlled both chambers of Congress...

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As the ingenious GOP on GOP rebellion continues in the U.S. House today, we cover that and some clarifying new insights from the 2022 elections regarding the "red wave" that never came (as we long told you it wouldn't) on today's BradCast. [Audio link to full show follows this summary.]

Day 2 of the GOP Rebellion Without Any Actual Cause That I Know Of continued on Wednesday, with Republicans failing on Ballots 4, 5 and 6 to secure a majority of votes of those present and voting for any candidate for House Speaker. The Democratic nominee on every ballot, their new leader Hakeem Jeffries, continued to be the top vote-getter in every round, receiving a unified 212 votes on each ballot.

On the GOP side, their leader Kevin McCarthy received just 201 votes on each of Wednesday's three ballots, down one vote from the third vote yesterday and still well shy of the 218 votes needed for a majority. The new trick today from the Republican "rebels" was nominating African-American second-term back-bencher Byron Donalds of Florida to be Speaker even though (or, perhaps, because?) he pleaded guilty to felony bribery charges back in 2000 in a scheme to defraud a bank. A bit on-brand for today's GOP but otherwise perfect for the job!

There were a few tiny nuances and the slightest movement (away from McCarthy and toward the Gaetz/Boehbert-led rebel group of 20) in the afternoon's three rounds of voting. We'll see what, if anything, happens when they reconvene for an evening session at 8pm ET on Wednesday night. (They just reconvened. The GOP moved to adjourn until Thursday at noon, and won that chaotic vote by the barest of margins.)

But, hey, so far, for two days in a row, the GOP House has been unable to do any legislative damage to the country!

Next, it's on to our guest today, the great TOM BONIER, master Tweeter and CEO of the Democratic data research firm, TargetSmart. Bonier joined us on the program a number of times since late last summer, in the run-up to the 2022 elections and in the days that followed. He was one of very few publicly on record (along with Simon Rosenberg of New Democrat Network) who presented hard data that correctly countered the false "red wave" narrative promulgated in the months before last year's November midterms.

Over the weekend, the New York Times ran a 4,000-word analysis headlined "The 'Red Wave' Washout: How Skewed Polls Fed a False Election Narrative". It explores no small amount of what we'd been trying to tell you since early last spring. Namely, that Democrats were likely to do much better than both history and professional pundits were telling you, and that, as Bonier and Rosenberg detailed in the face of mockery by some last year, the polls late in the season were actually misleading voters.

Specifically, as the paper reports, beginning in September last year, a bevy of partisan Republican polls with dodgy methodology were released, almost all suggesting the GOP was on the verge of not only a "red wave" election but a "red tsunami". The partisan numbers, cited with great excitement by rightwing media outlets initially and then by non-rightwing media, seemed to conflict with polls from most legitimate, nonpartisan polling outfits. But the public release of a ton of partisan polling served to game the polling averages at highly-trafficked forecast sites like 538 and RealClearPolitics. More disturbingly, the skewed numbers resulted in Democratic campaigns changing strategies and spending in hopes of shoring up otherwise safe seats, while abandoning races --- such as U.S. Senate contests in Wisconsin, Ohio and North Carolina and a bunch of House districts around the country --- that were almost certainly otherwise winnable.

Why did this happen? Was it a concerted strategy by Republicans to game the public polling averages? And, if so, why did the supposed polling gatekeepers --- like Nate Silver at 538, who dismissed and mocked folks like Bonier and Rosenberg for relying on "hopium" in their accurate data analysis --- fail to protect against the partisan manipulation? Also, while the Times analysis suggests otherwise, did those false numbers actually serve to goose Dem turnout in some races last year?

In short, when I ask Bonier directly today if Republicans figured out last year how to game the polling averages, he responds, "Yes. Simply, yes. That's what happened. And it couldn't have happened without others playing along with it and empowering it."

"In the end, they were successful," he tells me. "Were they successful to the point where they were able to create a red wave? No. But they were successful to the point where Republicans won some races that I don't think they would have without this happening."

So, what to do about it moving forward? We dig into details on that and much more with Bonier today, and also get his insight into whatever the hell is going on in the Republicans' dumpster fire failure to select a House Speaker to begin the 118th U.S. Congress after two days (and counting) of trying...

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