As difficult as it has historically been to recruit competent, non-partisan election officials and pollworkers, a new survey suggests its about to become much worse. As we discuss in detail on today's BradCast, that is thanks, in no small part, to persistent threats by Trump's MAGA Mob against local election officials in the wake of his Big Lie that the 2020 election was stolen from him. It's made even worse by state GOP officials translating that lie into new laws that further undermine America's democratic experiment. [Audio link to full show follows this summary.]

But FIRST UP today, a quick follow up underscoring our reporting on yesterday's program, warning about the rise of a new COVID variant (known as BA2, or "stealth Omicron" or "Deltacron") that many seem to be wanting to imagine away. Also several quick updates on the latest news from Russia's relentless bombing and war crimes against Ukraine, as peace talks inch forward, and as at least two Fox "News" journalist are confirmed to have been killed outside of Kyiv.

THEN, on to our main story today. In recent months, Reuters has been unfolding a series of excellent investigative reports on the various, horrific threats issued against election officials by those who bought into Trump's evidence-free claims that the 2020 election was stolen. But GOP state lawmakers have been ignoring those menacing threats and using the Big Lie to create actual legislation allowing them to purge dedicated, non-partisan election officials --- including Republicans seen as not Republican enough --- from their roles and replacing them with partisan operatives.

Brennan Center's recent survey of local election administrators finds that, more than a year after the Trump-incited attack on the U.S. Capitol, one in six officials say they "have experienced threats because of their job." More than half of respondents are "concerned about the safety of their colleagues"; 30 percent "know of one or more election workers who have left at least in part because of fear for their safety, increased threats, or intimidation"; and, perhaps most troubling, 20 percent of them now plan to leave their jobs before the 2024 election, with many "citing political leaders’ attacks on a system they know is fair and honest as one of their top reasons for leaving."

Meanwhile, many officials who would like to continue in their jobs are being pushed out thanks to new laws allowing partisan County Commissions in Georgia, for example, to replace longtime Board of Elections officials like Georgia's civil rights icon Helen Butler (who we interviewed about this late last year) in Morgan County, and 27-year Floyd County Board of Elections veteran Vanessa Waddell, who, with the entire Board in the deeply Republican County, was removed from her post, as documented by WaPo yesterday. That, even after she successfully oversaw last year's U.S. Senate runoff elections in the state amid persistent death threats that resulted in some officials in her office deciding they needed to come to work with pepper spray and stun guns to stay safe.

Leon County, Florida's now-retired 30-year veteran Supervisor of Elections, ION SANCHO, is furious about all of this. He joins us today to discuss these growing threats to our teetering American democracy. Sancho, who retired in 2016, is one of our nation's great election officials. He was so well-regarded by his peers, of all political persuasions, that he was tapped to oversee the wildly contentious and eventually-aborted 2000 Presidential recount in Florida. He was also a central figure in HBO's landmark, 2006 Emmy-nominated documentary, Hacking Democracy, detailing the first public hack of a computerized voting tabulator.

What is going on today, he explains, makes him both angry and deeply concerned about American democracy. "Election officials all over the country, irrespective of partisan affiliation, have been tragically attacked because of our ex-President's lie. The most horrible lie about our elections, frankly, in my lifetime," he tells me, adding that it makes his "head explode".

"It's not being dealt with at all. That's why election officials are subject to the most vile attacks, because the supporters --- the cultists, if you want to call them that --- believe that election was stolen, and this is such a bald-faced lie. It's a tragic lie. It's a stupid lie. And it demonstrates the ignorance of the American citizenry about our elections."

Sancho argues that "we are in the process of destroying a model of non-partisan election administration that has taken decades to build."

"Most election officials are administrators, not activists, not individuals who are used to dealing with the political process, except as standing away from it and facilitating elections. We take oaths to be non-partisan," he continues. "One of the proudest moments of my life was the creation of helping write the standards of codes and conduct for the Elections Center, to apply to all national election officials, putting loyalty to the principles of fair and honest elections over anything else."

Of course, over The BRAD BLOG's nearly 20 years of reporting on elections and voting processes and vulnerable computerized voting and tabulation systems --- much of which Sancho has followed closely over those years --- we've had our own fair share of criticism for some election officials (not to mention almost every voting system vendor). Some of that has resulted in occasional criticism that we are "attacking" election officials or pollworkers ourselves. So, how is our attempt to hold feet to the fire any different from what Sancho sees coming from the American MAGA Right?

"The difference is that you are focusing on specific issues of provable fact," Sancho responds. "That's different than the kind of criticism that we have right now. Your criticism doesn't threaten the democratic experiment. And where we find ourselves now is that the great American experiment, our democracy, is being threatened. It's being destroyed by individuals who would rather believe a narcissistic liar than understand the truth."

Sancho has MUCH more to say on all of this, including thoughts on new legislation heading to Florida's Republican Governor and Presidential hopeful Ron DeSantis that would give him what Sancho describes as "the Governor's private police force on elections."

"That's part of the intimidation," he argues. "Now we're seeing a secret police in the state of Florida for elections. Florida is, unfortunately, one of the leaders of this effort nationally to change non-partisan fair elections into something else."

Sancho concedes "it's hard for me to see how we get around this," though he does offer at least some ideas for solutions to find our way out of this nightmare, including laws to specifically prevent threats against election administrators. "It should be illegal to threaten an election official for the purposes of intimidating them from doing their job and counting the votes. That should be illegal, and it is not."

"We've got to turn this around," Sancho insists. "ALL legal citizens should have the right to vote accessibly, and have that vote counted as they intended, and then we should audit the elections to confirm the validity of that election. That's as simple as it can be, and yet we're very far away from that, as you know."

"What were supposed to be laboratories of democracy," he charges, are now "50 citadels of repression." As suggested, we think Sancho is an American hero. He's on fire today and, as ever, worth tuning in to hear in full.

Finally, Desi Doyen joins us for our latest Green News Report today, with bad news for climate changed Australia and our global fossil fuel dependence, highlighted yet again by Russia's war on Ukraine. She also has a bit of good news for breathers, however, as President Biden's EPA announces critical new regulations on smog and vehicle emissions that will save thousands of American lives...

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IN TODAY'S RADIO REPORT: Biden EPA unveils new rules to clean up deadly smog and pollution; Australia pummeled by weeks of record rains and deadly flooding; Russia's invasion of Ukraine underscores strategic vulnerability of fossil fuel dependence; PLUS: Consumers pay at the pump while Big Oil pulls in big profits... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): A windfall profits tax would be an inflation rebate; Here's who stands to win from high gas prices; Has the Russian energy ban broken the resistance to a sustainable future?; As US rushes for energy minerals, 1872 mining law allows miners free rein; Manchin comes out against Fed nominee Sarah Bloom Raskin; How you can reduce your gasoline consumption... PLUS: Court rules Duke Energy can't make customers pay for coal-ash cleanup costs... and much, MUCH more! ...

These are dark days indeed when the rise of a new Omicron variant turns out to be one of the lighter moments on today's BradCast. [Audio link to full show is posted below this summary.]

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

• Some real light amid the darkness. It's the one day of the year when we try to celebrate the one thing that Congress did when it was controlled by Republicans during the George W. Bush era that WASN'T terrible. It was actually good! (Though at least one caller today disagrees.) And, no, it wasn't the 25-year extension of the Voting Rights Act in 2006 (which was great! But they, obviously, didn't actually mean it as anything more than a failed election year ploy.)

• Sorry! But don't throw those masks away yet! Yes, we're all tired of COVID. But, no, it doesn't not appear to be tired of us yet. A new variant of Omicron --- dubbed "BA.2" or "stealth Omicron" or "Deltacron" --- is potentially 30% more transmissible than the highly infectious original Omicron variant, and its rising right now, and quickly, in parts of Europe and Asia. Luckily, it could never get here, right? Oops. It already has. (HELPFUL REMINDER: Now is the perfect time to get boosted if you haven't bothered yet! Seriously.)

• Snark amid the horror. The chief of Ukraine's anti-corruption agency writes a letter to the head of Russia's Ministry of Defense, "thanking" him for his embezzlement of the Russian military. The result, as alleged in his pretty hilarious letter (with photos): Russian tanks with armor filled with cardboard egg cartons; Bright light blue military transport vehicles that make for easy target practice for Ukrainian forces; "Bullet-proof" vests filled with cardboard.

• Russian propaganda debunked by AP. A particularly dark episode, the bombing of a maternity hospital last week in Mariupol, was all a fake, according to Russian officials. AP journalist and photographers, who were first-hand witnesses, however, report otherwise. They also follow up to report that one of the pregnant women at the hospital, videotaped as she was carried away on a stretcher through the rubble after the attack, has now died along with her unborn child.

• Russia media propaganda ministry makes Tucker Carlson a star! Yes, the Fox "News" anchor is repeatedly referenced in leaked memos sent to Putin's state-controlled media, urging them to play more clips of his various monologues from the Republican news channel repeating Kremlin propaganda. He's the only Western media star so cited in the several communiques obtained Mother Jones.

• YouTube blocks Russian propaganda channels. But ends up blocking a whole bunch of stuff that isn't Russian propaganda, including a bunch of my own appearances on RT over the years, long before they became little more than a mouthpiece for Putin. Is the loss of access to those videos (many of them previously embedded at The BRAD BLOG) a price worth paying to fight autocracy during wartime? We discuss, and have a bit of time (though very little) for a few callers who ring in today...

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On today's BradCast: It's been a very bad week for the pretend "law and order" rightwingers dumb enough to have been suckered by Donald Trump's 2020 "election fraud" hoax. But it's likely to get still worse for them in the days ahead. That's fine by us. [Audio link to full show follows this summary.]

After a quick update today on the latest grim, and getting grimmer, news out of Ukraine as Russia's Vladimir Putin begins his third week of unspeakable barbarism, here are some of the much less grim stories we actually enjoyed covering today...

• Yesterday, we reported on the ongoing challenge (and emergency appeal filed after a bizarre ruling by a Trump-appointed judge) to North Carolina Rep. Madison Cawthorn's eligibility to run for re-election this year. The challengers, including our guest, Constitutional law expert Ron Fein of Free Speech for People, contend that Cawthorn is ineligible to run for federal office, after having violated the 14th Amendment's ban on those who "have engaged in insurrection" after taking an oath to defend the Constitution. But, no sooner did we get off air when news broke that Cawthorn was charged in NC with driving with a revoked license. Apparently, this is the second time he has been charged with the same crime. Will he face any real accountability for it this time around? The max sentence for that is 20 days in jail in NC.

• On the federal level, Attorney General Merrick Garland insisted today that his Justice Department will "not shy away from cases that are controversial or sensitive or political," telling reporters that "to do that would undermine an element of the rule of law." Glad to hear it. His comments came in response to questions about the DoJ's January 6th investigation and whether Trump and those around him would ever face accountability, as hundreds of low-level insurrectionists have faced charges for storming the Capitol on January 6th, 2021, after being being incited by the disgraced former President and his false claims that the 2020 election was stolen from him.

• Tina Peters, a Colorado elections official arguably incited to criminal acts by Trump's lies, is now facing state charges for them. She is the very Trumpy Republican Mesa County Clerk who recently announced her intention to run for Secretary of State. Peters turned herself into custody on Wednesday night after being indicted this week on 10 counts related to elections tampering. (A perfect resume for a GOP Sec. of State contender!) We've been reporting in detail on Peters over the past year, after she allegedly snuck into a secure facility where voting systems are stored in Mesa County along with accomplices (one of them her Deputy, who was also charged this week), turned off the security cameras, and then made copies of hard-drives with critical and proprietary Dominion Voting System software on them. Dominion's Election Management System software from Mesa was subsequently released, along with passwords to the system, to the Internet a few months later during one of conspiracy theorist and pillow magnate Mike Lindell's "election fraud" symposiums, just as Peters was speaking at the forum. The serious security breach with the public release of that software led to a bit of havoc in California's Gubernatorial Recall election just weeks later, where the same Dominion systems were used in several counties. We revisit the sprawling story of how we got here, as the loony Peters finally appears set to pay a very high price for being dumb enough to buy into Trump's con.

• And then there was more bad news this week for Fox "News" and several of the top clods and dupes who host programs on their various channels. A New York judge denied the motions to dismiss filed by Fox and a number of their top anchors, such as Maria Bartiromo and Lou Dobbs, in the $2.7 billion defamation lawsuit filed against them and conspiracy theorist/grifter attorneys Rudy Giuliani and Sidney Powell by voting system company Smartmatic. "At a minimum," the judge found in his 61-page ruling, "Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth." That means the case against most of them will now move forward toward discovery and trial. (Several of those "inherently improbable" claims were based on The BRAD BLOG's own accurate, exclusive reporting back in 2010, which Powell, et al, bastardized to fit their pretend theories about massive election fraud.) Interestingly, the judge also cites a bit of accidentally responsible reporting from Fox star Tucker Carlson to underscore just how irresponsible the others were, in the judge's "finding that there is a substantial basis that Fox News acted with actual malice." The New York ruling follows a similar one from a judge in Delaware last December, who also rejected motions to dismiss from many of the same clowns in Dominion Voting Systems' separate $1.6 billion defamation lawsuit.

• In Texas, which held this year's first-in-the-nation midterm primary elections last week, AP finds that an extraordinary 27,000 mail ballots --- from both Democrats and Republican voters --- were flagged for rejection under the Lone Star State's new voter suppression law passed last year in pretend response to Trump's claims about a stolen 2020 election. The initial rejection rate was approximately 17% statewide and substantially higher in a number of large, Democratic-leaning counties. That, compared with a statewide rejection rate of about 1% of absentee mail ballots back in 2020.

• Finally, Desi Doyen joins us for our latest Green News Report, with more disturbing fallout (and, maybe, some theoretical upsides) regarding energy and security in the wake of Russia's horrific invasion of Ukraine...

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As the horrors of war continue in Ukraine today, we focus on the latest efforts to counter it by ending --- or trying to --- Russian oil and gas imports to the EU and US, and as we enjoy more accountability for GOP election fraudsters and insurrectionists, including one who funneled Russian money to Donald Trump's 2016 campaign and another who used to appear on The BradCast from time to time. [Audio link to full show is posted below this summary.]

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

• Fossil fuel profiteer Shell Oil apologizes after getting caught secretly buying cheap Russian oil, even after pretending last week that it was ending its business with the country after their invasion of Ukraine. Does it smell "like Ukrainian blood?," Ukraine's Foreign Minister wonders.

• On Tuesday, after nearly two hellish weeks of unspeakable humanitarian suffering in Ukraine and pressure from the public to do the right thing, several more major American companies --- McDonald's, Starbucks, Coke and Pepsi --- finally decided to "pause" doing business in Russia.

• The European Union, which has made the mistake of becoming reliant on Russia for about 45% of its gas imports, announced plans to try and wean themselves off two-thirds of it by year's end. Hopefully this will help hasten their move to clean, renewable energy.

• President Biden announced today that the U.S. will halt all imports of Russian oil and gas. Hopefully this will help hasten our move to clean, renewable energy.

• Also, both White House Press Secretary Jen Psaki and President Biden pushed back hard against the obnoxiously phony claims by Republicans, Fox "News" and the oil industry that opening up more public land to oil and drilling leases and permits would lower surging U.S. gas prices. As both Psaki and Biden point out, Big Oil is already sitting on some 9,000 currently unused permits on millions of acres of land, as is. The GOP/Fox "News"/Big Oil axis of evil is really hoping that Americans don't know that, so they can blame Biden for the surge in global oil and gas prices...even as new polling finds American majorities are willing to pay more at the pump to help Ukraine and they want to expand renewable energy development, not fossil fuels.

• The International Energy Agency (IAE) has a list of 10 things the EU can do to decrease gas use by at least 10% before year's end. Many of those things the U.S. can do as well. One thing many of us could and should do to lower the cost of gas in a big way during Russia's war on Ukraine --- since many of us already did it for much of the past two and a half years anyway, cleaning the skies and drastically lowering gas prices in the bargain --- WORK AT HOME AGAIN if possible!

• The first January 6th insurrectionist to stand trial before a jury, was found guilty on all five felony counts today. (He's a helluva guy, apparently. Threatened to kill his own teenage children if they told on him. Ya know, as "patriots" do.) The DoJ hopes the result may lead other Trump insurrectionists to plead guilty. We hope it leads the DoJ to keep working their way up to the top of the insurrectionist cabal.

• The leader of the violent rightwing street gang calling itself Proud Boys, Enrique Tarrio --- who wasn't even at the U.S. Capitol on January 6th, 2021 (because he was in police custody on a separate crime) --- was indicted, with several others in his gang of white hoodlums, on conspiracy charges related to their violent, coordinated attack on the Capitol. Tarrio had reportedly met with Oath Keepers leader Stewart Rhodes in a parking garage in the hours before the Republican assault on American democracy. Rhodes and several other Oath Keepers were also recently indicted on seditious conspiracy charges. And Rhodes, like another rightwing hoodlum facing new felony indictments in a separate matter (discussed below), had been a guest on The BradCast several years ago.

• This story is amazing. Jesse Benton, a longtime Republican operative and former campaign manager for Senators Rand Paul (in 2010) and Mitch McConnell (in 2014), has already been pardoned for felony election fraud once, by Donald Trump in the closing days of his Administration. Now Benton has been indicted again, for more election fraud, and along with another former guest on The BradCast! Tune in for the full story, but Benton was originally charged and convicted some years ago for buying away an endorsement for about $75,000 from a Michele Bachmann supporter during the GOP Iowa Caucus in the 2012 Presidential campaign. At the time, he worked for Rand's father Ron Paul's Presidential campaign. Benton was sentenced to two years probation and a $10,000 fine just days before the scheme he has now been indicted for which includes receiving $100,000 from an unnamed Russian national, keeping $75,000 for himself, and giving $25,000 of it to the campaign of "Political Candidate 1" in his own name, an unlawful straw donation to avoid laws barring foreign money in American elections. Benton promised a meeting with "Political Candidate 1" in Philadelphia on September 22, 2016, the day that Donald Trump happened to be holding a fundraiser there. They all took pictures together, according to the September indictment unsealed on Monday, along with Doug Wead, a GOP Presidential historian and, in recent years, far-right operative who appeared a number of times on this program some years ago. Wead, a Senior Advisor to Ron Paul's 2012 campaign was indicted as a co-conspirator with Benton. They both face the potential of a lot of time in prison. Each of the six counts charged against both of them carries sentencing of 5 to 20 years. But, yup, more Russian money in Donald Trump's 2016 election. Who could have guessed it?

• Finally, Desi Doyen joins us for our latest Green News Report, in which we can barely keep up with Russia/Ukraine related events in the energy industry (including nuclear) and as the U.N. offers some good news for a change, in this case regarding global plastic pollution.

All of the above is much funnier, outraging, and/or more enlightening when heard in full on today's surprisingly lively BradCast (given what we have to work with at times like these)...

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It's Nicole Sandler, back for another day guest hosting the BradCast. Friday was another brutal day of war perpetrated by Vladimir Putin on the people of Ukraine. It's unfathomable that this is happening. There's coverage of it everywhere, so I thought that today, we'd focus on the rest of the news.

Well, obviously not all of it... but there were three areas I wanted to talk with the always brilliant MARCY WHEELER about. Marcy is an independent journalist who focuses on matters of national security and civil liberties at her own Emptywheel blog.

I spoke with her on Monday, Presidents' Day, which was a few days before Putin invaded Ukraine. Nevertheless, her thoughts on what brought us to that point are interesting, as she weaves all the threads together...

The first of the three areas she enlightened on was filing by Bill Barr-appointed Special Counsel John Durham, which Fox not-News covered ad nauseum for days, criticizing the responsible media for not reporting on it...until Fox themselves suddenly stopped talking about it.

Second, the progress being made on the Jan 6 insurrectionists prosecutions and House Select Committee investigation.

And, of course, Russia/Ukraine.

Marcy spends most of the hour with us, for which I am very grateful. Listen and be informed...

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On today's BradCast, we are bound and determined to take back the real fight for Election Integrity from the MAGA "Stop the Steal" loons and dupes who have no such interest in anything of the sort, as the Right has attempted to co-opt the idea of "Election Integrity" as part of Donald Trump's efforts to steal the election in 2020...and/or to steal the next one. But even too many weak-kneed Democrats have been frightened off of the fight to secure our nation's vulnerable voting and tabulation systems and ensure public oversight of election results for fear of offering fodder to the MAGA Mob. We're not playing that game. [Audio link to full show is posted below this summary.]

But first up, some pretty dreadful media failures from both the wingnut Right and the non-wingnut Corporate Media. First, after a deteriorating, 50-year old bridge collapsed in Pittsburgh on Friday morning, ironically enough just hours before President Biden's planned appearance in the city to tout his recently signed $1 trillion bipartisan infrastructure bill to repair the nation's crumbling roads and bridges, one Fox "News" host may have jumped the shark when it comes to disinformation from the propaganda news outlet. (Which is not easy!)

Longtime Fox host and news anchor Julie Banderas went off on an embarrassing tear about how "President Biden has been making promises over promises over promises and, as you've noticed, none of them have come true," as she asserted to four others appearing with her, each in their own little silent box. "Back in June of 2021 he started talking about his bipartisan infrastructure deal," she sneered derisively. "There's nothing bipartisan about it! If it was bipartisan, it would have been passed by now!," she continued cluelessly in her rant, slamming the President for failing his vow to "reach across the aisle" to make policy with Republicans. That, she insisted, "has clearly not happened." She was quickly followed by Kayleigh McEnany who concurred. "That might have been the biggest fairy tale of them all," said Trump's former White House Press Secretary.

In fact, Joe Biden's landmark, $1 trillion bipartisan infrastructure bill --- which he was in Pittsburgh to discuss on Friday, fer chrissake --- was passed with nineteen Republicans voting with all the Democrats in the Senate. It was signed into law a full two and a half months ago --- even if word of that promise-kept has yet to pierce the Fox "News" reality bubble.

Sadly, non-wingnut news outlets are not a whole lot better in too many cases of late. On Thursday, a federal judge invalidated the largest offshore oil and gas lease sale in the nation's history. 1.7 million acres were recently auctioned in the Gulf of Mexico after a different federal judge last year, one appointed by Donald Trump, blocked Biden's Executive Order pausing new fossil fuel leases, forcing the Biden Administration to sell off the Gulf. That, even after a scam environmental analysis by Trump's Department of Interior claimed that it would be worse for the climate if Big Oil was not allowed to buy up the leases and expand their drilling there. The Biden Justice Dept. sued to prevent the sale and White House Press Secretary Jen Psaki made clear to reporters back in November that the President opposed the auction, but was left no option by the Trump-appointed Judge to carry it out.

So, Thursday's ruling was a welcome victory for the Administration. But one would have to read the actual stories from outlets like Washington Post and CNN to learn that, because both of those outlets sent out news alerts to mobile phones telling a very different story. CNN's alert screamed: "A federal judge invalidated the Biden administration's oil and gas leases for 80 million acres in the Gulf of Mexico, citing climate change," while WaPo misinformed its readers by declaring "Federal judge throws out Biden administration's massive Gulf of Mexico oil and gas lease sale, faulting its climate analysis."

Wow, if we didn't know better --- or hadn't clicked through to read the actual stories --- it sure would sound like Joe Biden is talking out of both sides of his mouth when he claims to care about climate change and transitioning off of fossil fuels, while carrying out the nation's largest-ever sale of drilling leases in the Gulf! With non-wingnut corporate media like ours, no wonder his approval ratings continue to plummet (despite the fastest growth in the economy since 1984, as the media has also been failing to adequately report, as discussed on yesterday's program!)

NEXT UP...The Department of Justice on Thursday announced that its Election Threats Task Force, formed seven months ago, has made its second arrest. They indicted a 50-year old Nevada man who had repeatedly called the Nevada Secretary of State's office with violent threats on January 7, 2021, just one day after the Trump-incited attack on the U.S. Capitol, promising they were "all going to fucking die". That, after hundreds, if not thousands of similar and worse threats have been issued since the 2020 election against elections officials across the country.

But its not only elections officials forced to face down such attempted intimidation. One longtime Election Integrity advocate, who joins us on today's show, says she has faced similar nightmares in response to her work in a critical swing state, resulting in both in-person intimidation to herself and her family, and a chilling attempt to hack into her home security system.

Our guest is LYNN BERNSTEIN, an aerospace engineer with an expertise in testing satellite systems, who has, in recent years, turned her skills toward fighting for evidence-based elections as founder of Transparent Election NC in North Carolina. The non-partisan group's mission, according to its website, "is to confirm that every eligible vote is counted as the voter intended by working with elections officials to ensure that elections are secure, transparent, robustly audited, and publicly verified."

But, Bernstein contends, there are some in her state who may not like that idea. She has become a critic of North Carolina's recently approved, unverifiable computerized touchscreen Ballot Marking Device (BMD) voting systems made by ES&S, the nation's largest private voting system vendor. Bernstein went public last month on Twitter with some of the threats she began to face after she (a registered and active Democrat) found common ground with the state's Libertarian Party. She helped convince them to exercise their right, under state law, to seek an independent source code and security review of ES&S' unverifiable BMD voting and tabulation systems.

Bernstein offers several chilling details on the intimidation she has faced since the Libertarian Party announced their plans to seek an independent source code review, which will be overseen by the excellent University of South Carolina computer science and voting system expert Dr. Duncan Buell (who has also been a guest on this program). "Elections officials have been in the news a lot about being harassed and threatened," she says. "It seems though that the intimidation of election advocacy leaders happens way more than the public is aware of. I work with people all across the country and privately we discuss it among ourselves, but most won't publicly disclose that they've been hacked or intimidated before."

She also shares her well-researched concerns about the state's controversial new ES&S voting equipment --- which are also used in many other states --- and which experts had strongly advocated against certifying in the closely divided swing-state. "I'm a big proponent of hand-marked paper ballots," says Bernstein. "I think it's just the best record of voter intent. It's a very direct record." She explains how the ES&S BMD systems print out bar-coded paper ballots, supposedly representing voter's touchscreen selections. But those ballots cannot be verified by any voter as actually reflecting their intent. "North Carolina law says that a voter must be able to verify their ballot before casting it. With ES&S's barcode system, it doesn't actually allow the voter to verify their vote before casting it."

During our conversation, Bernstein also offers an endorsement of the state's Libertarian Party chairman who explained in his Party's December press release announcing the review, that "this is not about litigating the 2020 election." She claims that "one of the reasons why he's the perfect person to do this" is because "he has done forensic examinations before" as a former fraud investigator. "When I let him know that this particular ES&S system has never undergone a truly independent source code review, a full comprehensive one, he was shocked, as I think most of us are when we learned of these things."

There's a lot to discuss here, including whether both the state and ES&S will allow the state-mandated review, as we recommit to working to reclaim the real fight for Election Integrity around the nation.

Finally, when it comes to election fraud --- and, arguably, voter fraud --- nobody holds a candle to what Trump and the GOP tried to pull off in 2020. So it's nice to see that the January 6th Committee in the House on Friday, subpoenaed 14 Republicans from seven different states --- all of them won by Biden in 2020 --- who signed their names as duly-sworn "electors" for Trump, on documents fraudulently sent to Congress and the National Archives, in one of the most brazen (and, thankfully, failed) election fraud schemes in the history of this nation...

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Joe Biden is now one year in. Donald Trump is now one year out. Have the media figured out how to properly cover either or both of them? We discuss on today's BradCast. [Audio link to full show is posted below this summary.]

But first, Trump's troubles are getting worse by the day hour. It's been a bad 24 hours for the disgraced, twice-impeached, one-term former President. But that's usually good news for America!

As we literally begin today's program, news breaks that the U.S. Supreme Court is allowing the National Archive to turn over hundreds of pages of Trump White House documents to the bipartisan U.S. House Committee investigating the January 6, 2021 attack on the Capitol and Trump's attempt to steal the 2020 Presidential election.

That bad news for Trump (and good news for everyone else) follows last night's bad news for him (and good news for us) out of a New York state courtroom. NY Attorney General Letitia James has been investigating years of apparent bank, insurance and tax fraud by Trump, the Trump Organization, and Trump's children for years. She recently subpoenaed Trump and his kids Ivanka and Don Jr. to sit for depositions in her civil probe. (She is also working with the Manhattan D.A.'s long-running criminal probe into related matters.) Trump and the kids sued to quash the subpoena and, late on Tuesday night, James' office filed documents in response, detailing what she describes in the court papers as "significant additional evidence indicating that the Trump Organization used fraudulent or misleading asset valuations to obtain a host of economic benefits, including loans, insurance coverage, and tax deductions.”

We discuss some of that "significant additional evidence" today, along with the additional news that when Eric Trump, back in 2020, failed to quash his own subpoena, he subsequently "then invoked his Fifth Amendment right against self-incrimination in response to more than 500 questions over six hours.” That's his right, of course. But back in 2016, while running for President, Trump described pleading the Fifth as "disgraceful". "The mob takes the Fifth," he said at the time. "If you're innocent, why are you taking the Fifth Amendment?" We'll see if he, Ivanka and Don Jr., soon join his "disgraceful" son Eric in doing the same, along with the Trump Organization's "disgraceful" Chief Financial Officer Allen Weisselberg, who's already been criminally charged with fraud in Manhattan after also pleading the Fifth more than 500 times as well during his own deposition with James.

And then there's the new guy in the White House, who doesn't seem to be criminal or a liar or a fraudster at all. Today marked the end of Joe Biden's first year in office. It's been a rocky one at times, but also extraordinary successful on a number of legislative and economic issues.

We're joined today by ERIC BOEHLERT, longtime media analyst and publisher of the Press Run newsletter, to discuss media coverage of Biden at the one year mark, and how it compares to coverage of Trump's first --- and subsequent --- years in office.

While Biden's approval numbers have been flagging in recent months --- Gallup pegs his one year average at just under 49% --- they are still above Trump's during his entire Presidency. Nonetheless, we saw little from the media declaring Trump's Presidency was over or a failure at the end of his first year, by way of contrast with what we see from the media now, despite several remarkable successes for Biden over the last 365 days.

"It's very similar to Obama," Boehlert asserts. "If you go back and looked at his first year, first term, 'Oh his coalitions are falling apart!' Lots of doomsday coverage for Obama that turned out to be nonsense." He later adds, "Good luck going back and finding stories about whether the Trump Presidency was failed, 'How does he reset?,'" after his first year. "There was an acceptance that Trump was going to poll in the thirties, and the press just went on from there. In terms of how the coverage differs from Biden and Trump, I think that's the key one there."

Suffice to say, the difference in coverage of each President, as Boehlert details, is stark. And not in a good way. Among the other related issues discussed, above and beyond media coverage of the two Presidents: Has the media come to fully understand, much less appreciate, the unprecedented nature of this tenuous moment for American democracy itself?

"We have two sides," Boehlert explains. "A center-left Democrat doing his best, and we have a Republican Party that wants to destroy free and fair elections in America. So if you're the press, don't play that down the middle. Don't pretend those are similar choices."

"When Trump was inaugurated, the press didn't change how it covered Trump," he observes. "You would read the coverage and think Jeb Bush was President, you would think John McCain was President. You would think this is center-right, normal, traditional....not this madman narcissist. I think with the Biden era, they just want to play this game --- 'His polling is down! We've found some Democrats who are critical of him!' These aren't the times for the norm. The Trump years weren't the time for the norm. And we're not seeing drastic change." And that failure by our corporate media is not a good sign for the nation. Or the planet.

Finally today, it appears that Fox "News" is not satisfied by simply rewriting reality in the present. They are now attempting to rewrite history itself, it seems, as far as who actually killed Abraham Lincoln. Seriously. In the bargain, a Lincoln assassination expert's response to an invitation to appear on Fox Nation (the propaganda streaming service companion to the propaganda cable news channel) to discuss it, is one for the ages!...

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It's been a rough week. So before we get to America's rising 'demons of hell' on today's BradCast and how we might counter their re-emergence against what is left of American democracy, a few slightly more encouraging news items to kick things off. [Audio linnk to full show is posted at end of summary.]

In Georgia, the three white men who were caught on video tape murdering 25-year old black jogger Ahmaud Arbery in 2020 after hunting him down in their pick-up trucks, were each sentenced today to life in prison. Two of them, father and son, got life without the possibility of parole. The third, their neighbor, could be paroled after serving 30 years. But he's already 52, so...

In Arizona, or Florida, or wherever "they" preside, the buffoonish, rightwing conspiracy theorists, con-men and theoretical cybersecurity experts calling themselves Cyber Ninjas, declared they exist no more. That, just one day after an AZ state judge said they are to be fined $50,000 for each day that they continued to refuse to hand over public documents regarding the pretend "forensic audit" of Maricopa County (Phoenix), AZ's 2020 Presidential election they were hired by the GOP state Senate to carry out. More on that matter, hopefully, on a not-too-distant BradCast.

Next, as our week commemorating the grim, one-year anniversary of Donald Trump's attempt to steal the 2020 election by hurling thousands of supporters at the U.S. Capitol last year on January 6th, in hopes of halting the certification of the Electoral College vote with a deadly insurrection, comes to a close, a bit of mopping up and looking ahead to ways to prevent a more successful election coup from happening in the near future.

First, some reflections today from our 39th President, the 97-year old democracy champion Jimmy Carter. He wrote this week in the New York Times that he now "fears" for our democracy, citing last year's insurrection and the politicians in his home state of Georgia and elsewhere, such as Texas and Florida, who have "leveraged the distrust they have created to enact laws that empower partisan legislatures to intervene in election processes." Carter sees Americans "being persuaded to think and act likewise, threatening to collapse the foundations of our security and democracy with breathtaking speed." He says the he now fears that what he, his Carter Center and America itself "have fought so hard to achieve globally — the right to free, fair elections, unhindered by strongman politicians who seek nothing more than to grow their own power — has become dangerously fragile at home."

Carter is hardly the only one with a long and broad perspective on history who has become unnerved by what we are now seeing in America. Ronald Reagan's U.S. Solicitor General, Charles Fried, interviewed last month by CNN's Christiane Amanpour, noted his birth in Prague in 1935, when "Czechoslovakia was a real democracy" before "the demons of hell came out and spoiled that for 50 years." The 86-year old longtime Republican and Harvard Law professor now says he sees "those people re-emerging" and he "hears the same tune and it scares me."

So, for those of us paying attention, what can be done? We talk about exactly that today with our guest, DR. NILS GILMAN of the Berggruen Institute, following on his recent L.A. Times op-ed discussing similar nightmares as those cited by Carter and Fried which have continue to emerge throughout 2021 and what we can ALL now do to try and counter them.

Gilman was also the co-founder the Transition Integrity Project (TIP), a bipartisan group of security, military, political and media experts who met during the summer of 2020 to game out what might happen [PDF] in various worst-case scenarios if Trump decided to declare the election results invalid and/or refused to leave office that fall. We begin today with how his TIP group viewed the January 6 Electoral College certification event in advance, which he says they saw as a "moment of Constitutional stress that bad actors could potentially exploit," warning at the time that "there needed to be preparations on the part of law enforcement to be ready for that possibility." Perhaps we'll pay more attention to his group's warnings the next time, if they decide they need to reconvene before 2024 election.

He is now warning, in his piece at L.A. Times, that "the runaway train of illiberalism continues to bear down on American democracy, and the need to act could not be more urgent." Gilman explains today what he means by the term "illiberal democracy," a phrase he cites as being coined by Hungarian strongman President Viktor Orban, who was recently endorsed by Donald Trump. Under Orban, Hungary, in recent years, has seen its media essentially taken over by his rightwing government.

Citing strongman leaders "all over the world, in Brazil, Turkey, the Philippines, Poland, "you're seeing the rise of this illiberal democracy, where you still have elections, but the electoral process is so corrupted that it basically ensures that you will get right or far-right victories under any and all circumstances." Sound familiar? That, as nations like Hungary are literally being hailed of late by folks on the American right like Tucker Carlson and Fox "News". "It's being celebrated in rightwing media as a model that America might want to follow," Gilman charges.

He goes on to detail, both in his op-ed and on today's program, what "ordinary citizens" who oppose such fascist takeovers of our democracy can and must do at the state and local level --- as we wait and hope for voting rights and election protection legislation at the federal level --- to otherwise counter such forces. Election officials are now facing threats from Trump's MAGA Mob across the country, even as his supporters are working to take over key election administration positions by both hook and crook.

"People can go out and become pollworkers," urges Gilman. "We have an under-supply. Run as a local election administrator. There are thousands of positions all over the country. Our election system is currently totally decentralized and local administrators have a lot of power, and we need people committed to the democratic process to be in those position, not people who are committed to partisan victory at any and all costs."

As he explains, "there are things that an ordinary citizen can do. But the truth is that the real problem is we need to have elites who are going to be committed to democratic practice. What we have in this country now --- and we're seeing this very much in the current Congress --- you see a split between some elites who are basically complicit with the crimes of the previous administration and then others who are complacent about the likelihood that this could come back. We need elites to take this problem more seriously and really take on the challenge of illiberalism and the anti-democratic tendencies that are becoming more and more legion in this country, particularly on the right."

We also discuss my personal concerns --- my personal nightmares --- about the ability of committed, bad faith Republicans at this point to game the Electoral College in 2024 in a way they were not prepared to do in 2020. If they do so --- at the state legislative and/or Congressional level --- I believe there is nothing currently in federal law or the U.S. Constitution to prevent such a bad-faith exercise from succeeding next time. Please tune in to see if Gilman shares my concern.

Finally today, we're joined by Desi Doyen for our latest, very lively, Green News Report, which we had to postpone until today to make room yesterday for our special coverage of the first anniversary of the GOP's January 6th, 2021 insurrection...

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One year after the former President's attempt to steal the 2020 election by hurling the bodies of his supporters at the U.S. Capitol, we're more convinced than ever on The BradCast that, as the New York Times Editorial Board declared on New Years Day, "Every Day is Jan. 6 Now". [Audio link to full show is posted at end of this summary.]

We will soon be entering our 19th year at The BRAD BLOG of trying to warn about the ongoing and worsening threats facing American democracy. But the rising tide of authoritarianism in this nation is now more of a threat than at any time in modern decades. If American democracy falls, so does virtually every other pressing demand, like the need to save humanity from the ravages of climate change. So, yeah. It's kind of important, and we will continue to stay on this beat as long as necessary, as long as we can.

Toward that end today, the despicable, disgraced, twice-impeached, failed, loser of a former President, Donald Trump, who lied about voter and election fraud in order to try and steal a Presidential election, cancelled his planned press conference at Mar-a-Lago on the first anniversary of his pathetic, desperate and deadly attack on the U.S. Capitol. As it turns out, he's both a coward and didn't actually have anything to say that hasn't already been heard and/or debunked as bullshit.

His ridiculously (but not surprisingly) childish statement announcing he was calling off the presser came just hours after his pal, Sean Hannity of Fox 'News', was politely invited to answer questions from the U.S. House Select Committee investigating the Capitol assault and Trump's attempt to steal the election which lead up to it. The Committee makes clear in its letter [PDF] that they have already obtained many documents from others regarding Hannity's insider status and direct conversations with Trump in the days before, during and after the attack. While the Committee explained their efforts to go out of their way to avoid any First Amendment press freedom issues with Hannity, and even tried to appeal to his (pretend) patriotism, its unclear whether the Fox propagandist will cooperate.

Next, buttressing the persuasive argument made by Marcy Wheeler with Nicole Sandler on The BradCast last week, Attorney General Merrick Garland, facing pressure from the left to bring accountability to Trump and his cronies, addressed DoJ officials on Wednesday on the occasion of the first anniversary of last year's Capitol attack. After detailing the more than 700 arrests made to date, and at least 250 perpetrators who are still being sought for assaulting law enforcement officials that day, Garland promised the probe was far from complete and was following the facts of the case from the bottom up.

"The Justice Department remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law --- whether they were present that day or were otherwise criminally responsible for the assault on our democracy," the AG vowed, adding: "We will follow the facts wherever they lead."

He also highlighted how the U.S. Supreme Court has radically gutted the Voting Rights Act twice over the past decade, and called again for new federal legislation to give the DoJ tools they need to assure the right to vote and to combat state legislatures institutionalizing the ability to subvert election results on a partisan whim.

Finally, we're joined again today by WILL BUNCH, longtime national correspondent and columnist at Philadelphia Inquirer. Bunch was with us on January 6th last year for a wild ride of a broadcast that day as the Capitol was still under assault during the official confirmation of Joe Biden's Electoral College victory as we went to air. At the time, it was particularly unclear what exactly the MAGA Mob was doing and how they might be stopped.

Among the topics of our conversation one year later with Bunch (who just tested positive for COVID!): Lessons learned since Jan. 6 and the many questions still unknown; The many, still confusing reasons and explanations as to why it took so long for law enforcement to respond to the worse attack on the Capitol in two centuries (he suggests part of that was due to "a dog that didn't bark"); Whether or not there should have been more accountability brought by the Justice Department by now (he notes that the Watergate probe took much longer); And his thoughts on Garland's comments at the DoJ today...among much more!

"Honestly, it's taken a full year and it's taken really diligent, praise-worthy work from the January 6th Committee in the House to bring into focus some of what we saw happening that day, that we didn't fully understand in real time," Bunch observes. "What the goals were, who was behind what and why. We've learned so much in the last twelve months."

We've got a lot to discuss on today's program...

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On today's BradCast: Merry Christmas. Christmas is cancelled. Thanks Joe Manchin and Omicron.

Manchin dropped a bombshell over the weekend, announcing on Fox "News" that he could not support the Build Back Better (BBB) act, the better part of the historically progressive agenda of President Biden and of largely every other Democrat in the House and Senate. That, after the measure was scaled from a $6.5 trillion package to just $1.75 trillion in order to appease the West Virginia Democrat. If Manchin remains a "NO", the bill --- and, perhaps the Biden Presidency along with it --- is largely dead. The White House offered an unusually lenthy and, frankly, blistering statement in response to Manchin, calling him out for his lack of "good faith" and broken promises made to the President personally. We share that blistering response in full today.

It should be noted that all of the limp reasons Manchin offered for breaking his promise to support BBB are all BS. The bill is fully paid for (unlike the bipartisan infrastructure bill that Manchin whole-heartedly supported and voted for) and it will actual lower the national deficit eventually, not increase it; The bill will not worsen inflation either. It will in fact, ease it. Moreover, since Manchin's announcement, the biggest Wall Street economists have actually downgraded their outlook for 2022 based on Manchin's sleazy move; And no, the monthly child tax credit expansion that lifted half of the nation's children out of poverty during its first year, after originally being included in Biden's American Rescue Plan earlier this year, will not lead parents to spend it on drugs.

The bad news (for now) of Manchin's self-serving decision is on par with COVID's decision to not be done with us yet, as the Omicron variant, just before airtime, was declared by the CDC to now be the most dominant variant in the nation. They say it now accounts for about 73% of new cases. That was fast. As we'd warned. That's how wildly transmissible it is. Desi Doyen joins us with some clear, sobering thoughts from WaPo's national science reporter Dan Diamond that you may wish to consider on how to help keep yourself and your family safe over the holidays.

On this matter, it should be noted, since some are dismissing the dangers of Omicron --- citing its predicted infections as mostly "mild" --- that means only that many cases may not result in hospitalization. Don't fool yourself by convincing yourself that, even if you do contract Omicron, it will most likely be a "mild" case of COVID. Short of asymptomatic cases, a "mild" version of COVID could lay you up for weeks or longer. It means you won't be hospitalized, but that's about it. And, yes, it's going to land a lot of people in the hospital, as experts believe we're likely to begin seeing as many as 500,000 infections per day. During the January 2021 peak we had "only" about 250,000 infections a day.

Finally, before opening up the phones today to listeners on Manchin, Omicron and more, some slightly better news. Donald Trump is terrified that he is soon to be indicted in New York. So, as he does when he knows he's in big trouble, he has filed a ridiculous lawsuit against New York Attorney General Letitia James in hopes of buying time. It probably won't work.

Then, callers ring in on all of the above. It was a very lively show --- particularly considering the content we had to work with today...

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It's been a rough close of the year for those of us fighting to preserve democracy in these United States against the rising authoritarian tide from the Right. But while it's has been a tough slog for passage of federal voting rights and election protection legislation in the U.S. Senate, there have been several critical victories for fans of democracy in federal court over this past week, as covered on today's BradCast. [Audio link to full show is posted below this summary.]

First up, some quick news on the continuing probe by the U.S. House Select Committee investigating Donald Trump's attempt to steal the 2020 election by inciting an insurrection at the U.S. Capitol on January 6th. GOP dirty tricksters and longtime Trump pal Roger Stone invoked his 5th Amendment right against self-incrimination before the Committee today. While Stone is the first to admit to doing so publicly, he is the third Trump henchman to reportedly have done so to date. In 2019, Stone was convicted of seven criminal felonies, including lying to Congress and obstructing the probe into Russian interference in the 2016 election, before eventually being pardoned for all charges by Trump on his way out of office.

The House Committee appears to now be homing in on the question of, in Vice Chair Liz Cheney's words: "Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congress's official proceedings to count Electoral Votes." If so, and if charged with and found guilty of said action or inaction, the former President could face as many as 20 years in prison under federal law.

Fox "News", on the other hand, is already in federal court, facing a $1.6 billion defamation lawsuit by the Dominion Voting Systems company. On Thursday, a federal judge denied the Republican propaganda outlet's Motion to Dismiss the case. That is a major hurdle for the private voting system vendor to have cleared, allowing their case to move on to the discovery and trial phase. Both Dominion and another private election vendor, Smartmatic, have filed several defamation suits against Fox and other rightwing media outlets, as well as Trump lawyers and allies such as Rudy Giuliani [PDF], Sidney Powell [PDF] and MyPillow CEO Mike Lindell [PDF], for their false claims that Dominion and Smartmatic stole the election for Joe Biden. Giuliani, Powell and Lindell's Motions to Dismiss in their similar defamation suits, in which the voting companies are seeking more than a billion dollars in each, were all rejected over the summer.

Next, more good court news came in late last week in the eight different lawsuits now filed challenging the state of Georgia's voter-suppression and election subversion law known as SB202. The measure was adopted by state Republicans earlier in the year on the heels of Trump's evidence-free claim that the 2020 election he lost to Biden in the Peach State was rigged, and after the elections of the state's Democratic U.S. Senators Jon Ossoff and Raphael Warnock in the January runoff.

Late last week the Trump-appointed judge overseeing all eight challenges to SB202, allowed all of them to proceed in full, rejecting the Motions to Dismiss filed by the State and Republican groups that have joined the defendants. Seven of those suits, including those filed by the NAACP, ACLU, Stacey Abrams' Fair Fight organization and the U.S. Dept. of Justice, focus largely on race-based violations of the Voting Rights Act.

The eighth case, filed by the Coalition for Good Governance [PDF], in which I am a named plaintiff representing media, challenges SB202's election subversion clause and several others which, the suit contends, violate the First Amendment of the Constitution. SB202's election subversion clause allows the State Board of Elections to replace county elections officials with partisans, for virtually any reason they like, who can then overturn elections, also for virtually any reason they like. Other provisions of the law challenged by CGG prevent the public and media outlets like our own, from basic election oversight and reporting functions that have been in place for decades if not centuries, such as the right to photograph inside of polling places or during the tallying of absentee ballots.

Earlier this year, in August, U.S. District Judge J.P. Boulee granted an injunction [PDF] on SB202's photography ban in advance of Georgia's November municipal elections. But his ruling last week [PDF] was much broader in allowing all eight challenges to the law to proceed in full toward the discovery and trial phases. It was, as my guest explains today, a major victory for all of the plaintiffs.

We're joined today by MARILYN MARKS, Executive Director of the non-partisan Coalition for Good Governance, to discuss the good news in that case, new developments in her separate, longstanding case challenging the use of Georgia's new, 100% unverifiable touchscreen voting machines made by Dominion Voting Systems and much MUCH more. We haven't spoken on air with Marks, usually a frequent guest, in about six months! So we've got a LOT to catch up with today!

Among the many points in our wide-ranging conversation...

• Marks offers her reaction to Fox "News" losing its Motion to Dismiss in Dominion's defamation case against them; the conflicting emotions in supporting Dominion in their defamation cases, given that likely nobody in the nation has been tougher on Dominion's terrible voting systems than she has been; and why it is that, as unrelenting as she's been against Dominion for so many years (The Coalition's lawsuit seeks to ban their touchscreen systems across the entire state), the company has never sued her or her organization for defamation.

• Speaking of the Coalition's case against GA's use of the Dominion touchscreens (which is separate from their SB202 challenge), Marks updates us on a report created for the court by plaintiff's expert Dr. Alex Halderman, finding vulnerabilities in Dominion's voting systems that are so disturbing the federal judge has sealed his report as for "Attorneys Eyes Only," meaning that even Marks has not been allowed to see it But, she notes, Dominion now has access to that report. If so, as we discuss, that means that, under California law (where several counties also use these same terrible systems), the company must now share the vulnerabilities in that sealed report with California's Sec. of State. In turn, CA must then report the vulnerabilities to the U.S. Election Assistance Commission. (The report by Halderman and the vulnerabilities he allegedly found became an issue here in the Golden State earlier this year, just prior to the California Gubernatorial Recall election in September, after Dominon's central Election Management System software was apparently stolen and duplicated under the auspices of a rightwing Mesa County, Colorado election official and released to the Internet during Mike Lindell's failed "Cybersecurity Symposium" in South Dakota.) It is unknown if Dominion has yet to share Halderman's report with the CA Sec. of State, as per state law. Marks notes that Halderman has said the vulnerabilities are "even more serious" than those found in the older Diebold touchscreens GA used to use, before they were banned by this same lawsuit and replaced with the vulnerable Dominion systems. "Dominion has to inform the California Sec. of State within 30 days of getting reports of defects, failures, etc.," she explains, "So yes, it should be happening soon."

• Marks details why "it was a big victory" that Judge Boulee allowed all of the SB202 cases to proceed, including the one filed by the Coalition. She details how her group's challenge to SBS202 is very different from the other seven that the judge allowed to proceed as well, while he suggested that some of the overlapping cases may be combined in the days ahead. She notes that, despite being a Trump appointee, he appears to be doing a very thorough job of overseeing all of the cases, including points made by both plaintiffs and defendants alike.

• She clarifies how even if SB202 is struck down in full, state law in Georgia would still allow much of the recent purging of Black Democratic elections officials from county boards of elections, as we discussed with one of those purged, longtime county election officials and voting rights leaders Helen Butler of The People's Agenda on the show earlier in the week. "Unfortunately, you and Helen are right about that," Marks confirms.

• We discuss --- and have a minor difference of opinion --- regarding a recently dismissed lawsuit in Georgia that challenged the state's 2020 election results. That case, filed by a group named VoterGA, alleged thousands of fraudulent ballots were included in the 2020 results. It was dismissed in recent weeks for reasons of standing that both Marks and I find questionable. Our small disagreement is related to my argument that the case should have been allowed to proceed because, even if VoterGA's complaint was based on false claims of fraud, those who question election results (even those conned by a lying, disgraced former President) ought to be able to examine election results and ballots for themselves, as long as they pay the costs for the exercise and ballots are taken out of the secure custody of elections officials. (That, in contrast to the what we saw earlier this year in the Cyber Ninjas' clown show "audit" in Maricopa County, Arizona.) Marks, a longtime, huge advocate for transparency and public oversight of elections supports that idea, but notes that VoterGA failed to seek such oversight during the period when they could have done so under state law. Further, she explains, the group failed to join earlier efforts to the election to change state law in order to declare paper ballots and digital ballot images to be official public records, fully reviewable by citizens and groups like VoterGA and the Coalition for Good Governance.

• Finally, Marks also offers her reaction to the recently discovered news that Trump attorney and longtime GOP "voter fraud" fraudster Cleta Mitchell, had been quietly named to an Advisory Board for the U.S. Election Assistance Commission (EAC) earlier this year. Her appointment in April was not publicly reported until November. Mitchell participated from the White House on Trump's infamous January 2nd phone call with GA Sec. of State Brad Raffensperger when the desperate, outgoing President attempted to bully Raffensperger, urging him to "find" enough votes to steal the election for him in the Peach State. The EAC, meanwhile, which Mitchell is now advising, is responsible for certifying voting systems used in the U.S. and helps states and counties on regulations and best practices for federal elections.

There is a lot of important information about elections and election integrity in today's conversation with Marks. Though we better not wait another six months to do it again or we'll have to have a three hour show!...

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A whole lotta Trump Accountability News going on all at once again on today's BradCast. Too slowly, to be sure, but going on nonetheless. Even if not (yet) at the DoJ. [Audio link to full show is posted below this summary.]

On Monday night, the bipartisan House Select Committee on the January 6th attack on the U.S. Capitol voted unanimously to refer criminal contempt charges to the Dept. of Justice for Donald Trump's former Chief of Staff Mark Meadows. During their hearing, Committee Vice Chair Liz Cheney (R-WY) read a number of texts from Fox "News" personalities and from Don Jr., sent to Meadows during the hours the Capitol was under attack after Trump incited the riot in his last gasp effort to steal the 2020 election. The messages were pleas to get Meadows to convince Trump to call it off. Those same Fox personalities would soon go on the air and pretend that "antifa" was behind the deadly assault. The texts prove they knew otherwise and, according to Cheney, serve as more "evidence of President Trump's supreme dereliction of duty during those 187 minutes" when he failed to act while the U.S. Capitol was under assault by domestic terrorists.

Committee member Adam Schiff (D-CA) shared several damning text messages from unidentified members of Congress that were sent to Meadows as well, noting that, due to the ongoing investigation, the lawmakers were not being named "at this time." Separately, Committee Chair Bennie Thompson (D-MS) said those names would eventually be made public, as the Contempt referral for Meadows also referenced several "members of Congress" who participated in phone calls and White House meetings to help strategize before the eventual bloody insurrection.

Meanwhile, another House Select Committee investigating the coronavirus crisis may be heading toward separate contempt charges against former Trump official and prominent COVID denier, Peter Navarro. He says he cannot cooperate with that Committee's probe because Trump gave him a "direct order" not to, claiming Executive Privilege (which former Presidents do not have), and that because of it, "this matter is out of my hands."

"Trump's supreme dereliction of duty" in 2020 is unspeakable in many cases, but it's only part of his unspeakable legacy and a seemingly unending list of criminal culpability.

But never mind 2020. Some good government groups are still seeking accountability for the 2016 campaign that put the disgraced former President into the White House in the first place. Last week, Free Speech for People (FSFP) and the Campaign for Accountability filed suit [PDF] in D.C. federal court against the Federal Election Commission (FEC) for failing to take action on a complaint they filed in December of 2016. That complaint alleged unlawful "coordination" between the Trump Campaign and the Russian Federation.

"Even today, despite multiple investigations, critical information about the money spent in the 2016 election is still unknown," said RON FEIN, Legal Director of FSFP, in a statement announcing the new lawsuit. "How much did the Russian Federation spend? When and for which efforts did it make the payments? How much (and which) of that spending was ‘coordinated’ with the Trump campaign? Answering these questions is the FEC’s job, and they’ve sat on it for almost five years."

Now, says Fein, who joins us on today's program, the groups have no choice but to take the FEC to court to force the government's long-dysfunctional federal campaign regulator to investigate the complaint. Fein explains how "coordination" has a very different meaning in campaign finance law than it does in the matters that Special Counsel Robert Mueller looked at in his two-year probe. "Congress passed a law specifying that coordination 'shall not require agreement or formal collaboration,'" he says. "It could be a wink and a nod. Put that into the context of things like Trump saying, 'Russia, if you're listening, I hope you find those emails'," after which Russia attempted to hack the Clinton campaign, and the question of unlawful coordination under campaign finance law becomes plain to see.

"I don't mean this as a personal attack on Mueller or anyone who worked on that team," Fein clarifies, "because they're not campaign finance experts, but they missed an important area of the law that the Federal Election Commission has the authority to investigate, and the obligation to at least make a decision on our administrative complaint that alleged this."

FSFP's "2016 administrative complaint alleged that the Russian government paid for computer hacks, social media posts, and paid political advertisements to influence the 2016 election, and that the Trump campaign engaged in 'coordination' with the Russian government," the group notes in their statement announcing the new suit.

"There were many aspects of what happened in the 2016 election that were extremely troubling, from a legal as well as from a broader, democracy-preservation standpoint," Fein tells me today. "For example, even illegal political spending is required to be disclosed. That's what both the Russian government and the Trump Campaign failed to do. And that's the information that we would have if they disclosed it."

The six member FEC, with three Commissioners appointed by each major party, is notorious for tie votes that end up killing action against campaign finance violations that even the FEC's own staff argues should be pursued. In this case, Fein says, the FEC didn't even hold a vote on their complaint over the past five years. Their lawsuit is meant to force the Commission to hold that vote. If the court orders them to do so and the complaint then fails to receive the necessary four votes to proceed with a full investigation, FSFP can sue the Commission again. It's potentially a long road, but one that could actually be short-cutted.

"Because it takes four votes to do anything in the FEC, if there is not a four-vote majority to appear in court --- this has happened several times recently --- the FEC has simply defaulted," explains Fein. "And then the statute provides --- and this was rarely, if ever, used until just the past year or so --- the statute provides that if there's a default judgement, then the plaintiff can just go ahead and sue the parties that they filed the administrative complaint against directly. In other words, if that plays out that way, then we'd be in a position to sue the Trump Campaign and the Russian government and cut the FEC out of the picture entirely."

Still a long road, but a much shorter one that doesn't rely on the corrupted FEC.

In the meantime, FSFP --- as we discussed with its co-founder and President John Bonifaz early last month --- is continuing its campaign calling for the resignation of Attorney General Merrick Garland for failing to meet the moment in taking action on the endless list of criminal allegations against Trump and his minions before, during and after his Presidency. When I inquire with Fein as to whether the recent criminal Contempt indictments against former Trump lackey Steve Bannon has changed the group's outlook, he notes that, if anything, "the call for Garland to resign is even stronger right now."

You'll need to tune in to find out why.

And then, one more bit of breaking Trump Accountability that came in during today's show, as a Trump appointed federal judge rejected the former President's lawsuit seeking to block House Ways and Means Committee Chair Richie Neal (D-MA) from obtaining Trump's tax records. The ruling is the latest in a roller-coaster legal battle that begin in April of 2019. Trump's Treasury Department refused to turn over the documents to Congress, as required by law. Biden's has agreed to. Trump sued to stop them. Trump now has 14 days to decide if he will appeal.

Finally, we close with Desi Doyen and today's grim Green News Report following the deadly, climate change-fueled tornado swarm that slammed Kentucky and several other states over the weekend. Though she also has some slightly brighter news at the same time, as the Biden Administration reveals its new, electric vehicle charging strategy, made possible by the recent passage of the $1.2 trillion infrastructure bill...

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Yes, the walls are continuing to close in on our disgraced, twice-impeached, indescribably criminal previous President, as discussed in two encouraging news stories today. But much of his damage is already done, to a rightwing party that has become so whacked out and authoritarian that the rails they are now off of can no longer be seen. On the other hand, we've got more good news for labor, the economy and maybe even democracy under Joe Biden's Presidency on today's BradCast...whether the corporate media decides to notice such things or not. [Audio link to full program is posted at the end of this summary.]

Among the enormous grab bag of stories covered on today's program...

• Lowest in 52 years: New weekly jobless claims come in at another record low today. And, while you might think such good news numbers, not seen since 1969, would be both cause of celebration and front page news alerts, that sort of thing only happens when such things occur while's there's a Republican in the White House, apparently.

• Good news brewing for workers: A Starbucks shop in Buffalo, New York becomes the first of the coffee giant's corporate-owned stores to become unionized in the United States. As discussed with labor historian Nelson Lichtenstein on a recent BradCast, the company will spend untold millions to keep that from spreading to its tens of thousands of other stores where workers may finally be realizing the collective bargaining is good for everybody.

• At least someone's doing something about it: Italy issues a record fine to e-commerce giant Amazon of more than a billion dollars for their monopolistic practices. Why doesn't the U.S. do the same thing? Perhaps it will with Joe Biden's new, anti-monopoly warriors setting up shop at the Federal Trade Commission and the anti-trust division at the Dept. of Justice.

• Unsolved MAGA mysteries: Some of the wingnuts on pillow impresario and failed election fraud fraudster Mike Lindell's streaming disinformation channel think it must be a Big Government conspiracy causing rightwing anti-vax and anti-mask warriors to keeping contracting COVID and dying from it. We think there may be another explanation.

• You decide: Authoritarian Fox "News" prime time star Laura Ingram can't figure out what Washington Post's Dana Milbank could possibly be referring to in calling for media to stand up for democracy right now. "Authoritarians? What are they even talking about?," Ingram puzzles. "Authoritarians? Who's that?!"

• Show-Me shame: Missouri's embarrassing wingnut Attorney General and U.S. Senate hopeful Eric Schmitt embarrasses my old home state with a letter welcoming President Biden to the Show Me state for his "first visit as President to one of the 25 states that cast its electoral votes for President Trump in 2020" before, on official state AG letterhead, describing him as a "socialist" endangering "the livelihoods of tens of millions" by mandating vaccines or testing for many workers. For an AG, you'd think he'd be better at fact-checking. (Biden has actually visited seven other Trump states before arriving in MO.) But, it's Schmitt's recent Big Government mandate to local public health officials and school boards across the state to immediately end "all" public health orders --- for mask mandates, quarantines and more --- that has one of our listeners from the state (an elementary school teacher) so troubled. She also smartly wonders: "What happened to Republicans being the party of local control?"

• I ❤ New York: As to those walls continuing to close in on the criminal former President, we've got two related pieces of good news today. In one, New York Attorney General Leticia James is reportedly calling Trump in for a deposition in her civil suit examining years of apparent tax and bank fraud by the Trump Organization.

• I ❤ the D.C. Court of Appeal: In today's second Trump accountability story, the federal appeals court in D.C. has denied his appeal claiming "Executive Privilege" should block the release of a treasure trove of White House documents regarding his January 6th attack on the U.S. Capitol, as subpoenaed from the National Archives by the House Select Committee investigating the insurrection and approved by the current Commander-in-Chief (the only one who ACTUALLY is able to invoke Executive Privilege.)

• 'Yes, Democracy is hard': Democracy is down but not out...yet. President Biden convened the first Summit for Democracy today, with more than 100 of the world's democratic nations invited to attend. We share part of his opening statement, wherein he acknowledges that democracy is on a "backward slide", even here in the U.S., but that its still well worth fighting for and definitely beats the alternative of autocracy, rising around the world, and even here at home.

• State of emergency: Finally, Desi Doyen joins us for our latest Green News Report, covering Biden's new Executive Orders to achieve net zero emissions by 2050; Florida taking unprecedented steps to save beloved manatees; troubling news for New Englanders this winter; and a heads-up on a new, blockbuster Hollywood "comedy" aiming to underscore our climate change emergency in a very clever way...

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IN TODAY'S RADIO REPORT: Climate change is changing Western U.S. forests, and altering mountain snowpack; December heat wave breaks records, sparks unusual late-season fires; Climate change is coming for Christmas trees; PLUS: Oil giant Shell ditches controversial Cambo drilling project in Scotland... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): A fraught and rocky energy transition pathway; CO2 tax at Europe's border: Revolution or protectionism?; One U.S. state consumes half the oil from the Amazon rainforest; Gambling 'America’s Amazon': toxic coal ash waste pit in one of America’s most biodiverse river systems; How state and local governments can leverage landfill solar; Norway rules out 2022 oil licenses in unexplored areas... PLUS: Desertification: How to stop the shifting sands... and much, MUCH more! ...