There is no small amount of irony throughout today's BradCast, as Republican lawmakers threaten to impeach a newly elected state Supreme Court Justice just days after she was sworn in. Do they think we don't remember how they pretended to be outraged(!) in 2020 and 2021, charging Democrats were offending voters with attempted "election nullification" by twice impeaching the former President at the end of his four-year term?

Before we get to that mess in Wisconsin today, speaking of The Former Guy, two of his co-defendants in his fourth criminal indictment of the year (the RICO case in Georgia for his attempted to steal the 2020 election there) surrendered at a Fulton County jail on Tuesday. John Eastman and Scott Hall both turned themselves in after arranging to be released on bond after booking.

Eastman is the far-right Trump attorney and architect of the unlawful/unconstitutional failed scheme to have then Vice President Mike Pence toss out legitimate Electoral College votes on January 6th, 2021. Hall, little known to most of the nation but well known by now to longtime BradCast listeners, is the Atlanta bail bondsman (well, that'll come in handy!) who confessed to frequent guest on this program, Marilyn Marks of the Coalition for Good Governance, that he helped run the unlawful MAGA breach of Georgia's sensitive voting system hardware and software in Coffee County, GA on January 7th, 2021.

Marks had the wherewithal to record Hall's phone call to her. We aired it for the first time on this program last year and have been closely covering the Coffee County breach ever since (even as GA Sec. of State Brad Raffensperger appears to still be covering it up.) That scheme, part of a multi-state conspiracy, was allegedly hatched in Trump's Oval Office in December of 2020, and paid for by another co-defendant, Trump attorney Sidney Powell, and plays a key role in the 41-count grand jury RICO indictment [PDF] secured last week by Fulton County D.A. Fani Willis. More surrenders, including Trump's own, are to come this week before the Friday deadline, after which Willis has vowed to seek arrest warrants.

As that plays out in the Peach State, desperate Republican lawmakers in the Badger State may be seeing the writing on the wall. Their 15 years of autocratic, partisan gerrymandered majority rule of both chambers of the Wisconsin state Legislature may finally be coming to an end following the statewide landslide election victory last April of Janet Protasiewicz to the state Supreme Court.

On August 1, Justice Protasiewicz was finally sworn in (as pictured above), giving liberals on the High Court a 4 to 3 majority for the first time in some 15 years. The next day, August 2, the first of two petitions was filed with the Court seeking a ruling that the GOP's extreme partisan gerrymandered Legislative maps for both the state Assembly and Senate are unlawful violations of the state's Constitution. Plaintiffs seek not only new, fair maps in advance of the 2024 elections, but they are also asking the Court to order an emergency special election for all seats in the Senate next year. According to plaintiffs, current office holders "lack legal entitlement" to hold those seats due to the unlawful maps in place since 2011, as first approved by the state's hard-right radical then-Governor Scott Walker.

Republicans are both furious and terrified about the two new lawsuits filed by voters, leading current, far-right Assembly Speaker and autocracy fan, Robin Vos (arguably one of the biggest benefactors of the states "rigged" maps), to float the idea of impeaching Protasiewicz if she fails to recuse herself from both cases. Vos argues that, during her campaign earlier this year, Protasiewicz "prejudged" the cases by describing the obviously unfair maps as both unfair and rigged.

There are a whole bunch of problems with Vos' argument, one that was laughably shared in a recent "intemperate dissent" penned in response to these cases by Walker-appointed Justice Rebecca Bradley.

Longtime BRAD BLOG legal analyst ERNEST A. CANNING has been closely following and writing about the matter. He joins us today to detail the allegations against Protasiewicz, the hypocrisy of Bradley, and the constitutional crisis that could occur in the Badger State if Vos moves ahead with impeachment and removal by the state's Republican gerrymandered Assembly and Senate.

"For the Republicans to hold on to a 2/3rds majority in the Senate, even when they received as little as 45% of the vote, tells you what they've done. This is a deeply anti-democratic project," Canning explains. "If they're willing to impeach simply to hold on to power, that in itself is a direct assault on democracy. Particularly when you consider the argument that they really don't have a legal basis for the seats they are holding right now."

We also share a comment today on this entire fine mess from friend of the show, national affairs correspondent at The Nation and WI favorite son, John Nichols.

Finally, Desi Doyen joins us for our latest Green News Report as hurricane season suddenly kicks into full gear in the U.S., wildfire season continues unabated across Canada, and extreme drought partially shuts down operations at the Panama Canal. Also, before we close today, some grim news out of this year's climate change-fueled wildfires in Greece, and a quick update on Wednesday night's upcoming "Trump-free" 2024 Republican Presidential debate in Milwaukee...

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If acted upon, a recent threat by Wisconsin's Republican Assembly Speaker Robin Vos to impeach newly seated state Supreme Court Justice Janet Protasiewicz could give rise to a Badger State constitutional crisis --- albeit, a crisis that can be somewhat ameliorated by the ability of Wisconsin's Democratic Governor Tony Evers to appoint her replacement.

The political gamesmanship that could play out in the weeks ahead, thanks to sore loser Republicans in the state's gerrymandered Legislature, may rival or even surpass some of the worst partisan excesses of the fading Scott Walker era.

As detailed last week, Wisconsin voters, mathematicians and computer scientists filed a pair of petitions (Clarke v. Wisconsin Election Commission and Wright v. Wisconsin Election Commission) directly with the Wisconsin Supreme Court earlier this month.

Petitioners seek to break the chains of the GOP's 12-year entrenched and politically-engineered control of both chambers of the Badger State legislature --- control that was and is the product of what petitioners allege to be unlawful extreme partisan gerrymandering.

The petitions, consistent with a dissent issued by three of the Court's liberal justices last year in Johnson v. Wisconsin Elections Commission, allege that the Badger State's existing Legislative maps violate voter rights as guaranteed by multiple provisions of the Wisconsin Constitution.

The voters' petition in Clarke not only seeks the creation of fair state Senate and Assembly maps in time for next year's election, but also seeks the issuance of an emergency writ that would schedule a Special Election for those WI Senators whose terms would not otherwise expire until 2027. The voter petitioners argue that all currently serving state Senators "lack legal entitlement" to their respective offices because they were procured via unconstitutionally configured districts.

Vos, who owes his position as Speaker to those partisan gerrymandered maps, claims Protasiewicz "prejudged" the outcome of the new cases during her campaign for the seat earlier this year. He threatened to impeach her if she dared take part in the pending challenges. That "prejudgment" accusation, however, would be far more apt when applied to right-wing WI Supreme Court Justice Rebecca Bradley when, last year, she joined with the right wing majority, in Johnson --- a decision, which, per the dissent, violated Wisconsin's constitutionally-mandated separation of powers by overriding a governor's veto in order to saddle the electorate with the Republican-drawn, partisan gerrymandered Legislative map.

Bradley authored an intemperate dissent in the new cases...

If you had "Hurricane in Southern California" on your Climate Crisis 2023 Bingo card, please come on up to accept your prize. Details on that on today's BradCast, along with a whole bunch of other stuff we've had to set aside of late, thanks to the now 91 criminal felony charges being faced by our corrupt and disgraced former President. [Audio link to full show follows this summary.]

Among the stories covered today that (largely) have nothing to do with felony indictments...

• Hurricane Hilary spins up suddenly off the coast of Mexico and is now gaining strength amid an El Nino. The storm is said to be heading north to make what could be an "exceedingly rare" landfall over the next few days somewhere here in Southern California or along the Baja Peninsula before moving up and into Arizona --- if you believe scientists who are experts in this sort of thing.

• The gerrymandered Republican state legislature in North Carolina on Wednesday overrode vetoes by Democratic Gov. Roy Cooper to enact new laws that are unspeakable cruel to, among others, transgender children. If you are unaware, we explain exactly why these types of laws --- now adopted by 22 GOP-controlled states (though being challenged in court in most of them) --- are so awful and cruel. That is, unless you are a Republican, like those who stole control of the NC legislature, who believe Big Government should intercede between doctors and patients and that so-called "parental rights" should also be overruled by Big Government autocratic fiat.

• Speaking of autocracy, gerrymanders and Big Government Republicans now dictating to small, local government and voters...the morally and ethically broken GOP-controlled state legislature in Texas has recently passed a law to oust the chief election official in Harris County (Houston) --- and only in Harris County --- just months before upcoming municipal elections in the state's largest and most Democratic-leaning County. A state judge this week found the new law in violation of the Lone Star State's constitution. But, just hours later, the state put that ruling on hold by appealing it to the TX Supreme Court (all Republican). The November elections are now just weeks away and, unless something changes quickly, will apparently be run by the Harris County Tax Assessor-Collector who has zero experience running elections and had nothing to do with the months-long planning for the one where early voting is set to begin next month.

• In far more encouraging news about autocracy, gerrymandering and, in this case, democracy, we head to the great state of Wisconsin. On August 1, Justice Janet Protasiewicz became the state Supreme Court's newest member after being elected earlier this year. Her landslide (for Wisconsin) 11-point victory in April means that liberals now hold a majority on the state's High Court for the first time in about 15 years. On August 2, a group of petitioners filed with the state Supremes to not only force new, fair legislative maps for the state's House and Senate for the first time in more than a decade, but also for emergency elections next year for all members of the state Senate, many of whom will not otherwise face reelection until 2026 despite occupying seats that petitioners argue are held only thanks to the GOP's unconstitutional partisan gerrymanders. BRAD BLOG legal analyst Ernie Canning wrote about this challenge to the state's illicit, entrenched legislative majorities this week and the potentially very good news it represents for Badger State voters. Just after airtime today, however, he updated his article with...well, some more good news but also...some troubling news about the gerrymandered GOP's new scheme to undermine democracy, the rule of law, the state constitution and state voters with impeachment proceedings against Protasiewicz in hopes of stealing back the Court to hold onto their entrenched, corrupt state legislative majorities. (See Ernie's UPDATE today on that story for more details.)

• Then, a bit of listener mail in response to my apparently controversial suggestions of late that Donald Trump may very well not be on the general election ballot by November of next year.

• And, finally, Desi Doyen has our latest Green News Report with updates on the horrific fires on Maui and in Canada, but some very encouraging news about President Biden and the Democrats' landmark climate law, signed one year ago this week, which is already resulting in a clean energy manufacturing, construction and jobs boom in the U.S. --- and even overseas!...

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Elections have consequences.

Recently, in "The Darkest Hour is Just Before Dawn", we described how the decision by the U.S. Supreme Court's corrupt, right-wing "radicals in robes" last year to overturn the Constitutional right to an abortion led directly to the election of pro-choice Wisconsin Supreme Court Justice Janet Protasiewicz "by 11 percentage points, a huge margin in a narrowly divided state," as The New York Times described it.

On Aug. 1, the new Justice was seated, thereby flipping the WI's Supreme Court from a 4-3 right-wing majority to a 4-3 liberal majority for the first time in more than 15 years.

The very next day, on Aug. 2, state voters filed a Petition [PDF] directly with the WI Supreme Court. In Clarke v. Wisconsin Elections Commission, petitioners seek to break the chains of the GOP's 12-year entrenched control in both Houses of the Badger State legislature --- control that was and is the product of what petitioners allege to be unlawful, extreme partisan gerrymandering.

Two days after that, a second Petition [PDF] (Wright v. Wisconsin Elections Commission) was also filed in the WI Supreme Court by a group of mathematicians and computer scientists. In addition to presenting essentially the same legal challenge, the Wright petitioners bolstered both cases with objective scientific evidence establishing that the 2011 and 2021 Wisconsin legislative maps are the product of unlawful gerrymandering.

Both petitions are based upon a scathing judicial dissent issued last year in Johnson v. Wisconsin Elections Commission. In their dissenting opinion, the Court's three liberal Justices --- then in the minority --- opined that the WI Supreme Court's right-wing majority usurped the constitutional functions of the Badger State's other branches. In Johnson, the Court's then-majority overrode Democratic Governor Tony Evers' veto of the 2021 gerrymander after Badger State Republicans in the Legislature failed to muster sufficient votes to override the Governor's veto on their own. Both petitions and the dissent identify multiple provisions within the WI Constitution that were violated by extreme partisan gerrymandering.

The Clarke Petition not only seeks to replace the partisan gerrymandered map with a fair map in time for next year's legislative elections but also seeks an emergency writ that would schedule a 2024 special election for all Badger State senators, including those whose terms would not otherwise expire until 2027. This is based upon the argument that all state Senators "lack legal entitlement to their office" because their respective offices are the product of unconstitutionally configured districts.

The Petitions, however, do not seek to redress Wisconsin's partisan gerrymandered Congressional map which helped hand Republicans six of the Badger State's eight seats in the U.S. House of Representatives, in a state where almost all statewide seats are now held by Democrats and where Joe Biden won in 2020...

"Darkness cannot drive out darkness; only light can do that."
-- Rev. Dr. Martin Luther King, Jr.

When our corrupted U.S. Supreme Court, in June, handed down their closing opinions for last year's term, it became clear that we are facing a dark judicial hour in this nation.

Dark for women whose reproductive liberty and very lives have been placed at risk; dark for those who are drowning in seemingly insurmountable student debt; dark for those in the LGBTQ+ community who are seeing their very existence and right to medical care being challenged; dark for young African-American students hoping to acquire a higher education so as to overcome our nation's legacy of systemic racism; dark for the families of the ever-growing number of victims of mass shootings.

Our judicial institutions, for the moment, are still holding when it comes to accountability for the scoundrel who served as our 45th President. But, for too many others, the High Court has wrought a darkness brought on by the corrosive influence of the billionaire class and the "dark money" that billionaires and corporations use to corrupt our political and legal institutions.

That darkness comes courtesy of the Supreme Court's infamous 2010 Citizens United decision. It is a darkness also facilitated by political chicanery resulting in a Republican Party, which lost the popular vote in seven of the last eight Presidential Elections, packing a "corrupt" supermajority of six right-wing ideologues onto the nine-member High Court.

Their dark, radical interpretations of the Rule of Law have done more than simply endanger democracy's survival. By inventing a Second Amendment right of an individual to bear arms unrelated to military service in a State's "well-regulated" militia, the Roberts Court has become "destructive" of the first of the "unalienable Rights" listed in our nation's Declaration of Independence --- the right to "Life"!

Early last month, for example, CBS published a jaw-dropping U.S. statistic, citing "26 mass shootings in the first five days of July."

Yet, it is the dark and oppressive nature of the immensely unpopular decisions handed down by six unelected "radicals in robes", that, ironically, may help to facilitate a new dawn. The bright side of their decisions can be found in an incensed electorate, whose approval of the Court, as presently constituted, has plunged to a dismal 29%.

Democracy, as the late British MP Tony Benn described it, is "more revolutionary than socialist ideas." It is the light that can drive out the darkness.

The very existence of public revulsion towards the dark turn by the Court in recent years, such as overturning abortion rights and much more, make a 2024 Blue Tsunami possible. If the source of the darkness lies in the decisions of a corrupt and radicalized Supreme Court, then Democrats must convey a clear and coherent message that a vote for their candidates will serve to restore the light...including with reform of the Court itself...

Ten years ago, a BradCast like today's would have been unimaginable. Today, it's just our latest BradCast. [Audio link to full show follows below this summary.]

Among our many stories covered (some of which we've been trying to get to all week but for all the breaking news that kept bumping them!)...

• The former President of the United States pleaded "not guilty" to felony crimes in his third arraignment in four months. This one at the federal courthouse in D.C., on four alleged charges [PDF] brought by Special Counsel Jack Smith related to Donald J. Trump's failed conspiracies to steal the 2020 Presidential election before, during and after his January 6, 2021 insurrection. Defendant Trump was reportedly warned by the magistrate judge overseeing his arraignment about committing more crimes, tampering with jurors or communicating with co-conspirators while he was freed pending trial.

• Congressional Republicans still pretend they are "fiscal conservatives". Shamefully, the media still allows them to do so. But their brand of "fiscal conservatism" is, once again, costing the Government and American people untold billions. This week, the Fitch Rating service downgraded the U.S. credit rating from top tier AAA to AA+, citing principally the GOP's recent brinkmanship threatening to allow the U.S. government to default on its debts for the first time in history, and even due to the January 6, 2021 attack on the U.S. Capitol. The newly lowered credit rating led the stock market to dive in response, is already increasing the cost of government borrowing and mortgage rates for homeowners.

• On Tuesday, the state Supreme Court in Wisconsin officially flipped to a liberal majority for the first time in about 15 years after the election of Milwaukee Judge Janet Protasiewicz to the high court back in early April. The new era in the critical Presidential battleground state comes not a moment too soon, as Republicans in the gerrymandered state Senate are attempting to oust Elections Administrator Meagan Wolfe from the state's Election Commission after unanimously appointing her four years ago. When Trump lost the state in 2020, state Republicans decided the experienced administrator who has successfully overseen thousands of state election jurisdictions and is well-respected by clerks and experts of all parties, had cheated --- or didn't cheat enough --- or something. And now, amusingly, Democrats on the Election Commission are citing a ridiculous, 4 to 3 opinion by the state Supremes from last year, when the court had a rightwing majority, which allowed agency heads to remain in place after their term had ended. (The ruling was meant to support a sleazy GOP scheme to prevent Democratic Gov. Tony Evers from being able to appoint his own nominees to state agencies.) The 2024 election in the critical battleground state now hangs in the balance and may --- or may not --- as Bolt's Cameron Joseph reports, lead the Court's liberals to change their position on the issue when this matter, almost certainly, makes it's way to the newly liberal high court.

• Michigan's failed 2022 Republican candidate for Attorney General, Matt DePerno, was indicted this week along with a former GOP State Rep. on state charges related to accessing and tampering with voting systems. The Trump-endorsed Matt DePerno was a 2020 election denier already under investigation for the alleged crimes when he was nominated by his party to become the state's top law enforcement official last year. State Attorney General Dana Nessell then referred the probe to a Special Prosecutor who brought charges this week against DePerno, former State Rep. Daire Rendon and, as we've learned since getting off air, GOP attorney and Trump ally Stefanie Lambert. The Special Prosecutor, D.J. Hilson, suggests more charges are likely coming as part of a scheme by the MAGA Republicans to take voting system tabulators from several counties in order to "test" them for...something or other. Lambert and four others targeted by the probe, also participated in the breach of sensitive voting system hardware and software in Coffee County, Georgia, a story which we broke on this show last year and have been covering in detail ever since.

• Speaking of Georgia, election deniers, voting system breaches and GOP attempts to steal the 2020 election, Fulton County District Attorney Fani Willis, over the weekend, said she is "ready to go". She made the remarks to a local news outlet, suggesting she will be bringing indictments in her broad conspiracy probe of Team Trump's failed attempt to steal the Peach State's 2020 election "before September the first of 2023". Willis recently warned County officials to "stay alert" and keep staffers "safe" as barricades have now been erected around the County Courthouse in anticipation of new indictments. In her warning to County Commissioners, she shared a sample of the appalling, racist threats her office has received recently. All signs suggest that Trump --- and perhaps many others --- are about to be indicted in her probe. It would be Trump's fourth such criminal indictment in the past four months. We told you long ago accountability would be coming. Now, it finally is. Bigly!

• Finally, Desi Doyen joins us for our latest Green News Report, with a climate in crisis that couldn't care less about politics. A new study finds that man-made climate change is getting very costly for small businesses; record high temps are, ironically, forcing the shut down of oil refineries and raising gas prices in the bargain (neat trick, eh?); and, speaking of Georgia, the state has finally opened the nation's first new nuclear plant in decades. It is already costing state ratepayers a lot more money...

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Apologies in advance if you need to rinse off today's BradCast with a hot shower. We did our best to keep it family friendly. It wasn't always easy. [Audio link to full show follows this summary.]

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

• It's Election Day in Kentucky, Pennsylvania and parts of Florida for some key state, municipal and special elections. We run down several of the key races and will have noteworthy results, as available, on tomorrow's program.

• The political group calling itself "No Labels" is reportedly working to become an official political party in all 50 states in hopes of placing a Presidential candidate on the ballot in 2024. The group, founded in 2010, claims to be a non-partisan "centrist" coalition of both Democrats and Republicans, though their efforts to date seemed designed mostly to harm Democrats. See, for example, their lobbying of Senators Joe Manchin and Kyrsten Sinema in opposition of reforming the Senate filibuster in 2021. Also, internal documents have revealed their funders include far-right dark money billionaires such as David Kochand Peter Theil, according to Daily Beast, and Clarence Thomas benefactor Harlan Crow, according to New Republic. Now, the Secretary of State in Maine is charging the group has been scamming voters into signing a "petition" that is actually a change of party form. Just 5,000 voters need to become members in the state for the party to be allowed on the ballot. Apparently 6,000 have now signed up and the state has some questions about it.

• Really, we did our best to keep this report no more graphic than PG-13, but it has to be told because there are some very serious crimes sort of hidden in the new 70-page lawsuit [PDF] filed against Rudy Giuliani by a former employee who accuses him of some pretty horrific "sexual assault, battery, gender discrimination and harassment, fostering a hostile work environment, retaliation, breach of contract, and violations of state labor laws."

  The hostile work environment allegedly included "misogynistic, racist, and antisemitic communications, constant sexual attacks, threats when she brought up the salary she was owed, and threats when she finally found the courage to confront him with her fears and the possibility of legal action."

  But of potential criminal note in the suit filed by Noelle Dunphy against Giuliani in New York on Monday, is not only the off-the-books payments (she says he gave her just $12,000 of the $1 million he'd promised), but that the former NYC mayor, federal prosecutor and Trump attorney was, according to the lawsuit, allegedly "selling pardons for $2 million, which he and President Trump would split." (!!!)

  Moreover, Dunphy claims to have audio recordings of Giuliani, including "some in which she says he can be heard making sexual comments, demanding sex and making sexist, racist, and antisemitic remarks." Does she have any in which Rudy is discussing selling Presidential pardons and splitting the proceeds with Trump? I suspect prosecutors may want to find that out in the not-too-distant future.

• Speaking of antisemitism, on Monday, Florida Governor and desperate Presidential hopeful Ron DeSantis signed yet another bill forcing his far-right ideology onto others with yet another ban on freedoms. This one bars public colleges and universities from investing in diversity, equity and inclusion (DEI) programs. DeSantis has previously enacted state-imposed bans on various forms of free speech and books that his far-right Big Government state lackeys find objectionable. That has already resulted in bans on books said to cite issues of race, gender and sexuality, including math books (somehow) and social study texts. But now the Jewish Telegraphic Agency is reporting that the State is also banning educational textbooks on the Holocaust and/or forcing publishers to modify them in order to receive official State approval for use in Florida K-12 schools and public universities. “This is what modern day fascism looks like," charges human rights lawyer Qasim Rashid. "Remember, the main reason extremists would want to ban teaching about a past atrocity is to make it easier to enable that atrocity in the future."

• We do have at least one story today that isn't creepy and horrible today, ironically enough. The still-Rightwing-controlled Wisconsin Supreme Court actually issued a ruling that isn't insane, overturning a lower state court's insane, seemingly Fox "News"-inspired order that hospitals must use Ivermectin horse-medicine to treat COVID-19 when a patient insists. The ruling overturns that madness comes in advance of liberals taking over the state high court majority beginning in August, following the election of a new liberal justice in the Badger State earlier this year.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on a devastating cyclone in Myanmar; the enormous cost of plugging abandoned oil and gas well in the Gulf of Mexico; and the Biden EPA's proposal of landmark new to curb climate warming emissions from the nation's power plants...

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Today on The BradCast we talk with one of the few folks who got it right in 2022, when arguing that the data in the run-up to the midterms did not suggest a "red wave" would be coming for Republicans. Naturally, he was dismissed by the corporate media at the time. [Audio link to full show is posted below this summary.]

But first up, it's been a really really rough legal week for Fox "News", as jury selection in the $1.6 billion defamation suit they are facing from Dominion Voting Systems is supposed to begin tomorrow. We'll see if that happens. But we begin today with an explanation of why this case is so important and why Fox is now, arguably, the most dangerous institution in America (and, potentially, the world.) It's not due to their Republican politics, but due to the danger their propaganda poses to democracy itself.

Relatedly, over the weekend Fox reportedly settled with a Venezuelan businessman who sued the Republican propaganda outlet for having falsely named him on air as having participated in a scheme to steal the 2020 election from the former President. The terms of the settlement are undisclosed. But, given the evidence revealed so far in the Dominion lawsuit, it's safe to assume Fox likely paid a whole lotta money to make that other guy's suit go away.

On Tuesday in the Dominion case, Judge Eric Davis issued several pre-trial rulings, limiting what Fox could argue in court. Among them was that Fox would not be allowed to argue that the false claims they aired about the 2020 election being rigged against Trump were only made because Fox believed them to be "newsworthy" at the time. (They didn't, as evidence has already shown. They were lying about that on air.) Judge Davis was also furious to learn only this week that Fox lied to both Dominion and the court about Fox Corp. CEO Rupert Murdoch's position as an officer at Fox "News", where he apparently serves as "executive chair" but failed multiple times to report as much.

On Wednesday, Judge Davis sanctioned Fox after it became clear they had withheld evidence that should have been turned over during discovery long ago. He stated he was launching a third-party investigation of the circumstances and was concerned about "very serious" "misrepresentations to the court," later adding: "I need people to tell me the truth. And by the way, omission is a lie." All not a very good way for Fox to begin a defamation case regarding their alleged lies.

But also, there was this: A Fox Corp. shareholder has now filed a lawsuit against Rupert Murdoch, his son Lachlan, and several Fox Corp. board members, due to their "decision to chase viewers by promoting the false stolen election claims [which] has exposed the Company to public ridicule and negatively impacted the credibility of Fox News." The shareholder, Robert Schwarz, charges that "FOX knew --- from the Board on down --- that Fox News was reporting false and dangerous misinformation ... [and] ... was more concerned about short-term ratings and market share than the long-term damages of its failure to tell the truth."

For those who may remember my interview in February with Media Matters CEO Angelo Carusone, this is exactly the type of shareholder lawsuit for violation of fiduciary duty that he predicted would come in the wake of Dominion's suit. And here they come. Bloomberg Law reports more are likely on the way. "They won't be able to sustain that from a financial perspective" Carusone predicted on the show in late February, noting that the "cascading effects" from the voting machine company's lawsuit "puts control of the company in jeopardy." Good.

Then, we're joined by SIMON ROSENBERG, longtime political strategist, creator and President of NDN/New Policy Institute, and now creator and publisher of the "Hopium Chronicles" newsletter. We've got a lot too deep dive with Rosenberg about. Along with another favorite guest of ours, Tom Bonier of TargetSmart, Rosenberg led the way last year in arguing that, contrary to claims from Republicans and misleading reporting by corporate media, data clearly suggested there was unlikely to be a "red wave" in the 2022 midterms. He was right. There wasn't. But that didn't prevent folks like FiveThirtyEight's Nate Silver from accusing him at the time of relying on "hopium" in his analysis.

Now Rosenberg is gathering allies for a new project he describes as "Get to 55". As he details today, it's an effort to grow the Democratic and pro-democracy coalition to increase the Democratic President's victory margin from 51.4% in 2020 to 55% in 2024 and keep it there for a while. "It may be the only way we’re going to get the Republicans to abandon MAGA and become a more traditional center-right party," he recently wrote. Getting to 55%, he argued, "will be good for Democrats of course, but it will also be good for the country and the long-term future of the Republican Party itself."

Part of that strategy includes pulling in both disaffected Republican Never Trumpers and, especially, young voters into the Democratic coalition. What young voters pulled off last week, through a concerted effort to successfully help flip the Wisconsin Supreme Court to a liberal majority for the first time in 15 years, serves as a great object lesson in how it can be done. That remarkable effort resulted in a jaw-dropping 11-point win for the Supreme Court candidate endorsed by the Democrats and for what Republicans were describing the next day as "a five-alarm warning to Republicans about 2024."

But, while increasing turnout of young voters is one thing, will working with Never Trumpers like Bill Kristol and Liz Cheney force the Dems off of more popular, progressive policies in order to win over that 55% coalition? Tune in for Rosenberg's thoughts on that and much more on today's BradCast!...

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On today's BradCast: The good news just seems to keep on coming. We'll take it while it lasts! Tuesday brought huge election victories for democracy and progressives in Chicago and Wisconsin! [Audio liNk to full show follows this summary.]

In Chicago, Democratic progressive teacher and union member Brandon Johnson defeated conservative, self-proclaimed "tough on crime" Democrat Paul Vallas to become the new Windy City Mayor in a stunning victory.

But the biggest election of the night, and perhaps of 2023, was the Wisconsin state Supreme Court victory of liberal Milwaukee Judge Janet Protasiewicz over far-right former state Supreme Court Justice Dan Kelly, a Republican activist supported by anti-choice groups who advised his party in their failed attempt to overturn the state's 2020 election. Her victory creates a progressive majority on the high court for the first time in 15 years.

In a closely divided state where elections are traditionally very close, often within 1 or 2 points, Protasiewicz reportedly blew Kelly away by a whopping 11 points as of this afternoon's tally. It was Kelly's second defeat in running for the Supreme Court in as many years.

And it comes not a moment too soon. The Badger State's new, 4 to 3 progressive high court majority will likely face a host of critical issues for both the state and nation in the years ahead, including an 1849 abortion ban which Republicans are hoping to enforce; wildly gerrymandered state and Congressional district maps in one of the most gerrymandered states in the nation; voting rights issues; and hopes by Republicans of trying to steal the 2024 Presidential election.

We're delighted to be joined once again today to discuss all of this good news by Wisconsin's favorite son and progressive journalist, JOHN NICHOLS of The Nation, and co-author, with Bernie Sanders, of the new book, It's Okay to be Angry About Capitalism.

Nichols says Tuesday's mayoral race in Chicago was "one of the most significant election results in the country for urban politics in quite awhile." He describes the previously little-known Johnson as having built a "multi-racial, multi-ethnic, multi-generational rainbow coalition" that propelled him to victory. "He beat the guy that everybody bet was going to be the next mayor of Chicago. Brandon Johnson will take office as a progressive who ran on taxing the rich, reforming the police, and investing money in public education, public health, and public services. A pretty remarkable win."

But the bulk of our time is spent discussing the extraordinary, long-awaited Supreme Court victory in Wisconsin, which, with some $45 million spent on both candidates, clocks in as the most expensive judicial race in U.S. history.

"It was a bitter race. It was an intense race," Nichols tells me in trying to explain Kelly's incredible election night remarks in which he attempted to eviscerate his opponent in one of the most incredible sore-loser "concession" speeches in modern memory. Kelly described the contest as "the most deeply deceitful, dishonorable, despicable campaigns I have ever seen run for the courts," going on to attack Protasiewicz as "a serial liar" who has "demeaned the judiciary."

"It's going to go down in history," Nichols says referring to Kelly's election night outburst. "I've seen bitter concessions. I've seen angry concessions. I have seen refusals to concede. I have never, up until now, seen a concession that literally made people cringe."

We've got a lot to discuss about the new majority on the state's high court; what it means for Wisconsin moving forward; whether Republicans, with a narrow state Senate Special Election victory last night will attempt to impeach Protasiewicz with their newly won, gerrymandered super-majority in the upper chamber; and why Nichols, as he reports at The Nation today, believes this was "the most important election of 2023...for any American who cares about democracy, fair elections, voting rights, and much more."

Despite the good news, however, Nichols reminds us that WI is still a closely divided state, capable of wild swings. "The bottom line is this: Don't take your eyes away from Wisconsin," he advises. "It is a battleground state. This is the state of Robert M. LaFollette, the greatest progressive ever to serve in the U.S. Senate, and of Joe McCarthy, the most reactionary person, I would argue, to serve in the U.S. Senate. Those realities still exist. And this Supreme Court race is a very encouraging result as part of a very encouraging pattern in Wisconsin. But when you take your eyes off the prize, when you aren't paying attention, patterns can shift back."

Finally today, with all of the encouraging news of late, a few reminders that all of this good news at the national level, where Republican policies are wildly unpopular, also means that Rightwingers are embracing violent responses and GOP-controlled states are upping their desperation in hopes of holding on to control by hook and by crook. In many such states, it's not creeping authoritarianism in play, it's actual authoritarianism.

In Tennessee, for example, state Republicans are hoping to expel three Democratic state House members who dared support peaceful protesters calling for gun safety measures following last week's school shooting in Nashville. In Texas, GOP state lawmakers have quietly introduced a bill to allow the Sec. of State to overturn election results in the state's most populous and Democratic-leaning County; and in Florida, authoritarian Gov. Ron DeSantis is deploying Big Government weaponization against those, like the Walt Disney Company, who disagree with his anti-freedom, anti-LGBTQ policies...

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In what appears to be a momentary pause (of sorts) in the Indictment Watch this week for our disgraced former President, we take the opportunity on today's BradCast to make sure you're up to date with what our guest today describes as "the most important election of the year." [Audio link to full show follows below this summary.]

Before we get to that guest today, even with the momentary break from the likely criminal indictment for Donald Trump in New York, there was quite the extraordinary flurry of activity overnight (literally) in Special Counsel Jack Smith's federal grand jury investigation of the thousands of documents --- many highly classified --- that Trump stole from the White House upon leaving office.

Last week, D.C.'s Chief District Court judge Beryl Howell, in a sealed ruling, ordered Evan Corcoran, one of Trump's attorneys in the Mar-a-Lago stolen documents case, to give both documents (reportedly including transcripts of audio tapes!) and testimony to the grand jury. Corcoran had previously invoked attorney-client privilege to avoid testifying about his conversations with Trump. But Howell reportedly viewed evidence leading her to determine there was a prima facie case that Trump used Corcoran in the furtherance of yet another crime, thus piercing the attorney-client privilege with the fraud-crime exception to it.

Trump appealed Howell's Friday order to the D.C. Circuit Court of Appeal which, last night, issued an administrative stay while ordering Team Trump to submit their brief in the appeal by midnight last night! They further ordered the DoJ's response to it by 6 a.m. this morning! Longtime attorneys and prosecutors were stunned by the unheard of speed in the court's scheduling. Some suggested that may be a sign that federal judges are fed up with Trump's stalling tactics. Others suggest the emergency order signaled "an urgent issue of National Security" was at stake or even "potential espionage." Yikes! We discuss.

In any event, late this afternoon, the three-judge Appeals Court panel lifted the stay on Howell's ruling and ordered Corcoran to both turn over the documents in question and testify to the grand jury. Trump could still appeal to the U.S. Supreme Court, but it's believed he'll be no more successful there on this motion. Much more to come in this case.

Next, we're joined by longtime progressive journalist, author and Wisconsin native JOHN NICHOLS, National Affairs Correspondent at The Nation and Associate Editor at Madison WI's Capitol Times, to discuss this bizarre moment in Presidential accountability history and the extraordinarily heated, expensive and important WI state Supreme Court election now underway. Early voting began this week for the April 4 contest that may finally flip control of the state's high court to liberal jurists for the first time in 15 years.

Nichols explains why the supposedly non-partisan race --- between liberal Milwaukee County Circuit judge Janet Protasiewicz and far-right former state Supreme Court Justice Daniel Kelly --- is so critical to both Wisconsin and to the rest of the nation in advance of the 2024 Presidential election in the battleground state.

The Protasiewicz camp has accused Kelly, who was unseated from the high court in 2020 after being soundly defeated, of receiving $120,000 from the Republican Party to advise them on overturning that year's Presidential election results in the Badger State, via the failed "fake electors" scheme. Protasiewicz also describes Kelly, who is endorsed by several anti-abortion rights groups as a "radical" "extremist".

For his part, Kelly's campaign characterizes Protasiewicz as "soft on crime", "woke", and several other standard GOP smears that may not be quite as effective as Republicans think, according to Nichols.

That said, there are ton of issues likely to come before WI's high court in the coming months and years that will have a huge impact on both Badger State residents and the rest of the nation, including the validity of the state's 1849 abortion ban "that Republicans want to reanimate," as Nichols explains; the state's recent "anti-labor laws that [former Gov. Scott] Walker" enacted; "a chance to undo gerrymandering to make sure that voting rights are protected and elections are fair," not to mention rulings that could determine who ends up winning the 2024 Presidential election in the state, where, Nichols notes, "four of our last six Presidential elections in Wisconsin were decided by under 25,000 votes" out of more than 3 million votes cast.

"Bottom line is," Nichols tells me, "if you end up with a 4-3 liberal majority on this court that actually looks at cases in a fair and reasonable way," there are myriad rulings from the last 15 years of far-right state Supreme Court control that could finally be reversed.

Among other topics discussed with Nichols today: Whether, after well over a decade of covering WI Supreme Court elections, we will finally see it flip on April 4; a point of disagreement regarding whether judges should be forced to compete in elections at all, much less in so-called "non-partisan" ones like those in WI; and his new best seller, just published with co-author Bernie Sanders, titled It's Okay to be Angry About Capitalism.

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Today on The BradCast: It was a good day for democracy in the U.S. yesterday, in our continuing battle against the rise of autocracy here at home. The news overseas on that same score, however, thanks to Russia's criminal, autocratic leader, remains significantly dicier. [Audio link to full show is posted below this summary.]

FIRST UP TODAY: It was the first big Special Election night of 2023 in the U.S. on Tuesday. As we saw in advance of last year's 2022 midterms --- when Republicans ignored the evidence before their eyes to hoax themselves into believing a "red wave" was coming (which never did) --- Democrats are once again outperforming expectations in Special Elections around the nation.

We've got results, some of them quite stunning, out of marquee races yesterday in New Hampshire for state House, Virginia for the U.S. House, and in Kentucky for State Senate. In each, Democrats radically outperformed both expectations and history, often by 10 or more points.

But, the most critical race of the night may have been the primary election in Wisconsin, where a vacant swing-seat on the state Supreme Court may finally flip the majority to progressives in the upcoming April 4 general election after years of control by rightwingers. Tuesday's open primary featured two progressives and two so-called conservatives, with the top two vote-getters advancing to the general. Progressive Milwaukee County Judge Janet Protasiewicz easily bested the competition with some 46% of the vote. The two rightwingers, former Supreme Court Justice Dan Kelly and Waukesha County Judge Jennifer Dorow, came in a tight second and third place, with 24% and 22% each, respectively, followed by progressive Dane County Judge Everett Mitchell with 7%.

That means Protasiewicz and Kelly, state Democrats' preferred competition, will square off on April 4. Kelly is a radical, rightwing extremist, election denier, marriage equality opponent, and paid RNC consultant who helped organize Donald Trump's fake 2020 electors scheme in the state. He also lost a previous Supreme Court race in the closely divided swing-state by a whopping 10 points in 2020. In a state where Dems now hold almost every statewide executive position, Republicans are forced to cling to majorities in the state legislature thanks to wildly gerrymandered districts. A progressive majority on the bench, therefore, is expected to be critical over the next few years regarding abortion rights, gun safety, gerrymandering and much more, including voting rights in advance of the 2024 Presidential election.

If voters turnout and vote in April as they did last night, Protasiewicz would defeat Kelly by about 7 points. Of course, its Wisconsin, so I'd be careful about counting chickens before counting ballots just over one month from now.

NEXT UP: Russian President Vladimir Putin's nuclear saber rattling continued on Tuesday during his state of the nation speech. The autocrat announced a unilateral suspension of participation in New START, the last remaining arms control treaty between the U.S. and Russia.

There is a great deal to unpack in all of this, including what Obama-era New START was supposed to do; how the U.S., under Donald Trump, also pulled out unilaterally from a different pact (the Reagan/Gorbachev-era Intermediate-Range Nuclear Forces or INF Treaty); what "suspension" of New START actually means; and how the announcement appears to be yet another desperate attempt by Putin to coerce his way into somehow winning a war of aggression that he appears to be losing in Ukraine, as Russia's unlawful invasion sees its one-year anniversary this week.

To help with all of that today, we're joined by longtime nuclear weapons policy analyst STEPHEN SCHWARTZ who formerly served as Executive Director and Publisher of the Bulletin of the Atomic Scientists. They are the groups who control the notorious "Doomsday Clock". Schwartz, who tweets as @AtomicAnalyst, is also the author of Atomic Audit: The Costs and Consequences of U.S. Nuclear Weapons Since 1940.

"There is no provision in the [New START] treaty for 'suspending' the treaty. You're either in it or not," explains Schwartz. "The suspension is, I guess, a wily way for Putin to get what he wants. Which is, I think, frankly, just an extension of what he's been doing over the last year. This is a nuclear threat by another name."

"It's an effort to frighten the public in the United States, NATO, and Ukraine, into letting let him basically blackmail those countries into letting him do whatever he wants with Ukraine. So he's got this bludgeon --- and it's really the only tool that he has right now --- and he's waving it around until his demands are satisfied."

It doesn't appear to be working. President Joe Biden spoke in Poland yesterday, following a surprise appearance with Ukrainian President Volodymyr Zelenskyy in Kyiv on Monday. "We’re seeing again today what the people of Poland and the people all across Europe saw for decades: Appetites of the autocrat cannot be appeased," declared Biden to cheers in Warsaw. "They must be opposed."

While taking Putin seriously, Schwartz also sees a larger principle at stake. "The way I see it, and I'm no big fan of war at all, is if we just listen to Putin and say 'You're right, we can't risk nuclear war so we're going to stand back and let you carve up Ukraine however you want. And, hey, if you want to take Belarus and Moldova, who are we to stop you?,' I think that would be a terrible precedent for the rest of the world. Not only with regard to what Russia might do in the future, but other countries that have nuclear weapons or might want them."

"The Biden Administration and NATO have been very careful. If you look at every time Putin has done one of these things, the United States doesn't dismiss it and doesn't panic. They walk down the middle and I think that is the right approach here. We need to show that nuclear weapons are fundamentally useless, not just for prosecuting a war, but also for blackmail."

"We need to isolate Putin in this regard," argues Schwartz. "Otherwise, the future world that we're going to live in, brought to you by nuclear coercion, is going to be far worse than anything we dealt with during the Cold War."

Among the many related matters Schwartz speaks to today: Russia's violation of the 1994 Budapest Memorandum, in which Ukraine was guaranteed security and sovereignty after the fall of the Soviet Union in exchange for turning over all nuclear weapons to Russia; The Bulletin of the Atomic Scientists' recent move of the Doomsday Clock to "90 Seconds to Midnight," the closest it has ever been to proverbial "Midnight". Is the world really closer to "Doomsday" now than it was at the height of the Cold War? We discuss all of that and much more on today's very informative program...

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Breaking news today and a weekend full of otherwise dumb news resulted in a bit of a hodge-podge on today's BradCast. I hope you'll enjoy it anyway! [Audio link to full show follows below this summary.]

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

• Rescue efforts continue in the aftermath of Sunday's horrific, pre-dawn, 7.8 magnitude earthquake --- and several huge aftershocks --- in Southern Turkey and Northern Syria. As we went to air, the death toll from both countries was more than 3,400. That tragic number is likely to continue to rise.

• American Republicans are, no doubt, breathing easier today following the great Chinese Spy Balloon Crisis that gripped them with fear and threatened their very lives and those of their families for several days since last week. On Saturday, the U.S. military shot down the high altitude balloon off the coast of South Carolina and have been collecting its remnants for study. Thankfully, nobody was hurt throughout this days long national nightmare, and the Dept. of Defense suggests the U.S. gained more from the exercise, on balance, than China did. The DoD claims our borders were similarly breached by Chinese spy balloons three times during the Trump Administration. Despite fevered demands from some on the Right, neither President Biden nor Vice President Harris resigned in shame amid "the catastrophic Chinese Spy Balloon spectacle [that] clearly threatened American families" from coast to coast.

• Great news for the wealthy! Thanks to campaign finance legislation adopted during the George W. Bush era in 2002, and huge inflation numbers in 2022, the amount of money that can now be donated to a single candidate for a single election has been increased from $2,900 to $3,300. The amount that can be given to national party committees, according to the Federal Elections Commission (FEC) has increased from $36,500 to $41,300 per year. And the amount allowed for payoffs to special national party committees, such as for national party conventions, has spiked from $109,500 to $123,900. Of course, those limits also apply to poor and working-class people instead. So, it's all totally fair and just some good ol' American "free speech" at work!

• After declining to support Donald Trump's two Presidential runs in 2016 and 2020, the Koch Network is getting back in the game, vowing to oppose Trump this year by declaring their support for one non-Trump Republican by summer's end. We'll see if they have any better luck this year than their similar losing strategy back in 2016.

• Despite conceding that Trump lost the 2020 election in Wisconsin, according to an audio recording obtained by AP, his campaign team in the Badger State vowed to help "fan the flame" of phony fraud as early as two days after Biden's win there.

• Love him (or his policies) or hate him (or his policies), Joe Biden has accomplished more in the first two years of his Presidency than perhaps any other American President in history going back to at least FDR. Nonetheless, just one day before his second official State of the Union address on Tuesday, new polling out today from Washington Post and ABC News finds that 62% of Americans believe Biden has accomplished "not very much" or "little or nothing" in the first two years of his term. That may be an extraordinary failure by Democrats and the White House to get the word out about their own accomplishments. But the greatest indictment here should be for the corporate mainstream media whose only actual (Constitutionally-protected) job is to inform the public and educate the American electorate! Clearly, they have failed. Again. We discuss.

• Finally, callers ring in today mostly on the topic of Biden's accomplishments or --- as several incorrectly see it --- lack thereof...

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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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Let's enjoy the good news on today's BradCast --- and we've got quite a bit of it --- because things may or may not be as bright tomorrow, as returns come in from the U.S. Senate runoff in Georgia and the corrupt rightwing U.S. Supreme Court hears a case they may use to undermine American democracy as we have known it for more than 200 years. [Audio link to full show follow this summary.]

But, for tonight, at least, there is a whole bunch of good news regarding a whole bunch of bad news for our disgraced former President...which is great news for everyone else...

• A New York jury in Manhattan took little more than one day to find the Trump Organization guilty of all criminal state tax fraud charges brought against it --- 17 counts in all. That follows its longtime Chief Financial Officer, Allen Weisselberg's guilty plea on 15 counts of fraud. He's set to receive about five months in prison after his plea and agreement to testify against the company. A company, however, can't be sentenced to prison, so a fine will be levied instead. But the Manhattan D.A.'s office may have other plans for criminal charges against Donald Trump, which we discuss as well today.

• Meanwhile, Trump is now claiming that he didn't say what everybody saw him say, when he called for the "termination" of the U.S. Constitution over the weekend. It was, of course, part of his continuing effort to pretend the 2020 Presidential election that he lost was actually stolen from him. More disturbing, however, is the lack of elected Republican officials who, while pretending to be "Constitutional conservatives", are unable to say whether Trump's comments disqualify him from becoming President again.

• But, back to brighter news as we continue to try and keep track of accountability for at least 56 known criminal violations of law by the former President since he first ran for office. (That doesn't include all of the civil violations, such as the $250 million lawsuit filed by New York Attorney General Letitia James against him, his company and his three oldest children on state tax fraud violations.) The Manhattan D.A.'s office of Alvin Bragg, which successfully prosecuted the criminal tax fraud cases against the Trump Organization, has made a new hire that suggests the office may be eyeing new criminal charges against Trump himself this time. We 'splain.

• Also on Tuesday, the Chair of the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's many failed attempts to steal the 2020 election, said that the panel will be making criminal referrals to the U.S. Dept. of Justice before year's end. That may or may not be bad news for Trump himself and many others in the MAGA Cinematic Universe. But it almost certainly ain't good news for any of them.

• Also also on Tuesday, it is being reported that Jack Smith --- newly tapped by Attorney General Merrick Garland as Special Counsel overseeing the DoJ's federal criminal probes into January 6, the documents stolen by Trump from the White House, and any other matters related to either of those cases --- has issued his first subpoenas since taking his new position. Officials in Wisconsin, Michigan and Arizona according to Washington Post, as well as in Pennsylvania, as confirmed by AP, have all recently received demands from Smith for "any and all communications with Trump, his campaign, and a long list of aides and allies."

It's going to be a very long rest-of-his-life for Donald Trump --- unless he pulls a Ken Lay first. Of course, we wish him nothing but the best.

• And, finally, we finish up today with Desi Doyen and our latest Green News Report, including news on the electric grid attack in North Carolina; Russia targeting energy infrastructure in Ukraine (a war crime); and EV sales now surging in U.S. and across the globe...

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"Election Day" coverage continues today into its second week on BradCast, as more of the closest races are being called and as a clearer picture emerges as to what actually happened and why. [Audio link to full show follows this summary.]

Shortly after airtime on Monday night, media outlets finally called the very close Arizona Governor's race for Democratic Sec. of State Katie Hobbs over former TV news anchor and failed Trump-wannabe Kari Lake. As we detail, Lake's apparent narrow loss was likely particularly satisfying for outgoing GOP Rep. Liz Cheney.

Hobbs' lead over Lake, with almost all votes tallied, is 0.7% as we go to air. That is above the 0.5% or less required for an automatic recount in AZ, where state law (shamefully) does not allow for candidates to request and pay for a recount on their own. That, of course, will allow Lake to continue to present evidence-free claims of "fraud" in her election, particularly given unexplained Election Day failures of some optical scanner at some polling places in Maricopa County. That shouldn't have prevented anybody from voting --- thankfully, Arizona votes on hand-marked paper ballots --- but it did mean that some ballots cast at the polls on Election Day had to be tabulated back at County headquarters later.

Presuming Hobbs' victory is certified as expected, that means the AZ's Governor's office turns from "red" to "blue" for the first time in 13 years. (It'll be the third state where that happened this year.) Add to that the state's two Democratic U.S. Senators and Democrat Adrian Fontes' victory over Trump-backed election liar Mark Finchem for Sec. of State, and Democrat Kris Mayes currently leading Republican Abe Hamadeh (if barely --- and easily within recount territory for now) in the race to replace the state's outgoing Republican Attorney General. All of that looks a lot like a new "blue" state, with every major statewide seat in AZ perhaps soon to be occupied by a Democrat in advance of 2024.

Yes, it was a stunning midterm election across the nation, as that "red wave" that Republicans and corporate media imagined and promised, never arrived.

"This is the best midterm election result for a newly-elected Democratic President in their first term since Franklin Delano Roosevelt in 1934," notes our guest today, progressive journalist and author JOHN NICHOLS of The Nation, describing the results as "remarkable" and "against all sorts of historical patterns," while observing that this is the "third election cycle in a row where Donald Trump has been the dominant figure in the Republican Party and the Republican Party has lost. It's kind of a pattern."

So why did the results defy history? "I think the answer is that our politics have changed. We're not in the same world that we were in before," explains Nichols, who we have turned to many times over the years following Election Days to try and make sense of them. "Local media doesn't exist the way it used to, so elections are nationalized. We have seen the two parties go more to their corners --- the Democrats at least somewhat to the left, Republicans way to the right --- so we have to adjust our filter. And if we do, we understand that this election actually tells us a lot about where potential Democratic majorities and coalitions are in the future."

We dig deep into the remarkable results and how they may have been even better for the Democrats had the party not been so taken by their own fears that the media might have been right about the "red wave" which never came. Those poor predictions (which often contradicted the media's own available evidence to the contrary) also resulted in an overconfident GOP which, like the Democrats, ended up spending money in many of the wrong races. Nichols explains how Dem victories might have been even broader had they fought more aggressively and less defensively by funding, for example, more rural races where Democrats could have also won with more support from the Party.

He breaks down the likely reasons that the excellent Democratic candidate Mandela Barnes, in Nichols home state of Wisconsin, ended up losing to the insufferable Republican insurrection enthusiast Sen. Ron Johnson, and why other excellent candidates, if arguably less progressive ones, like Tim Ryan in Ohio and Cheri Beasley in North Carolina, ended up falling short.

In addition we also dig into how critical young voters --- lots of them! --- were to what ultimately happened this year. "Young people ought to be where you're putting a lot of your resources. As a party, Democrats need to be talking to young voters, bringing young people into leadership positions in the party. If you do, the rewards are immense," he avers. "Under 30 and especially under 25, the bias is 28% in favor of the Democrats. At the very end of the 2022 cycle, in states across the country, you had a lot of young voters lining up and casting votes. They don't turn out at the same percentage, at the same level, as older voters do. But if they turn out strong, it has a huge impact."

We also discuss how an institutionalist like Joe Biden has been clever enough as President to shift his policies toward the progressive left, in tune with those voters and the American electorate overall.

"Let's be very clear," Nichols argues today, "despite what games pundits try to play, Americans had a very clear choice. In 2022, they had a choice between an extreme rightwing Republican Party straying toward authoritarianism on many issues and a Democratic Party that was edging toward progressivism, and was attacked for that. And what did the American people decide to do? In a surprise to everyone, to the politicians and the pundits, they decided to go for the party that is edging towards progressivism."

Finally today, we close with Desi Doyen and our latest Green News Report, as Biden pledges leadership and funding at the U.N. climate conference in Egypt, and restarts climate negotiations with China...

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