Both the solutions to the problems we face and the problems themselves, are created and/or ultimately settled at the ballot box. In theory. So, once again, much of our coverage on today's BradCast --- both good news and bad --- revolves around that fact in one way or another. [Audio link to full show follows this summary.]

A good chunk of today's show focuses in on the fallout following Sunday's late-night capitulation by seven Senate Democrats and one independent who caucuses with them over the federal government shutdown. A central point is that the huge majority of Dems in both chambers of Congress did not capitulate. They stood united during the longest government shutdown in U.S. history in favor of holding out for the restoration of enormous cuts by Donald Trump and Congressional Republicans to health care, including the Affordable Care Act, Medicaid and Medicare.

And, while the shutdown's imminent end is a disappointment to many who wanted the fight to continue --- especially those who understand that the 7+1 caving Democrats received little to nothing in return for their decision to vote with the Republicans --- it's important to understand that the failure was not by "the Democrats", but by those 7+1 (and, arguably, Senate Minority Leader Chuck Schumer who shamefully failed to prevent it) and the hundreds of Republicans in both chambers who unanimously stand by their cuts to health care subsidies that will result in skyrocketing prices --- by as much as 400% or even higher as of January 1 --- for millions of Americans, along with the loss of coverage for millions and the unnecessary deaths of tens of thousands.

It's also important to notice how well the Democratic caucus hung together this time --- how they are learning to fight in the Trump era, as opposed to similar situations in the recent past --- until a handful of rogue lawmakers undermined them on Sunday night. The Senators who caved should be held to account. Not the ones who didn't. That's particularly important to remember as the Continuing Resolution now working its way through Congress to reopen the government will time out again at the end of January, when all of this may start up all over again.

Tune in for much more detail and nuance on all of the above.

Among the stories cited in support of that particular argument, and other news covered on today's program...

• Good news in the Gerrymandering Wars! A judge in Utah has ordered implementation of a new U.S. House map for 2026 that includes a new, heavily "blue" district in Salt Lake City. It will likely flip one of the state's four currently "red" seats in the U.S. House to "blue" next year.

• Donald Trump's approval ratings continue to plummet through the shutdown and last week's blowout election results for Democrats. Relatedly, eight counties in California that voted for Trump last year voted in favor of Prop 50 last week, to redistrict the state to flip as many as five "red" U.S. House seats to "blue" in response to Trump and Texas Republicans' mid-decade gerrymander. (All further begging the question about the wisdom of the handful of Senate Dems to end the shutdown before affordable health care coverage could be restored to millions of Americans.)

• While there are many reasonable arguments for reopening the government after 40 days of the longest shutdown in U.S. history, with many Americans suffering, even the right-leaning "center left" Third Way group slammed the supposed "moderate centrists" who caved on Sunday night. In a statement the group's President said they "oppose the agreement in the Senate to end the government shutdown," arguing: "This was a battle worth fighting, and it was worth fighting longer."

• Trump issued full pardons over the weekend to 77 of his personal attorneys and political allies, including the fake electors in swingstates he lost, who worked so hard to try and help him steal the 2020 election. Those receiving clemency including folks like Rudy Giuliani, Sidney Powell, John Eastman, Ken Chesebro, Jenna Ellis, Christina Bobb, and many others involved in spreading lies about fraud in 2020, the fake electors scheme and the unlawful efforts to breach voting systems in places like Coffee County, Georgia. While many of those pardoned are facing state criminal charges, which a Presidential pardon can't change, none are currently facing federal charges. That begs the question of why he pardoned them and who else may be covered by the vaguely worded clemency statement. The Dept. of Justice's former Pardon Attorney, who was replaced by Trump, believes that the criminal President is sending a message that he has their back if they are needed to violate the law again to help him try and steal future elections.

• On Monday, the corrupt, activist, rightwing U.S. Supreme Court majority announced they would hear a case regarding the Republican National Committee's challenge to Mississippi's law that allows mail-in ballots cast and postmarked by Election Day to be counted if they arrive up until five days afterward. The RNC and Mississippi State Republican Party argue that when Congress defined "Election Day", they meant that lawful ballots could only be cast on that day. A SCOTUS ruling in their favor, against the State, could undermine elections in some 30 states with similar laws allowing for late arriving ballots, just in time to create chaos in the critical 2026 midterms.

• Finally, Desi Doyen joins us for our latest Green News Report, as a new round of U.N. climate talks kicks off in Brazil without U.S. in attendance; and as Australia finds itself with so much rooftop solar energy they are now planning to give it away for free...

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

Among our coverage today...

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: Honestly, I tried. But it was really hard to find any part of the case heard by the corrupted U.S. Supreme Court on Thursday that wasn't just absolutely ridiculous. [Audio link to full show follows this summary.]

For nearly three hours this morning, the nine Justices themselves --- including a number of its rightwingers --- seemed to struggle to pretend that any of this made sense. In Trump v. United States [PDF], the disgraced four-time indictee is arguing that former Presidents of the United States have "absolute immunity" from any and all crimes they may have committed while serving in office, including murdering his political opponents or anything else you can think of.

As absurd as it sounds, Donald Trump has used this novel claim to, so far, successfully delay his federal trial on four criminal counts brought by Special Counsel Jack Smith related to Trump's many failed efforts to steal the 2020 Presidential election. SCOTUS has helped by delaying today's hearing for months and may help further depending on when they decide to release their opinion, and whether or not that opinion will lead to still more delays in the lower courts.

After losing this argument at the trial court last year and then unanimously at the D.C. Court of Appeals, Trump brought the case to SCOTUS, packed with three of his own appointees. They did him the favor of taking up his losing argument and putting off their Oral Argument on it until today, almost certainly delaying his trial for trying to steal the 2020 election until AFTER the 2024 election. [Transcript and audio of today's proceedings here.]

"This Court has never recognized absolute criminal immunity for any public official. Petitioner, however, claims that a former President has permanent criminal immunity for his official acts, unless he was impeached and convicted," argued Michael Dreeban, Counselor to Jack Smith, in his opening statement. "His novel theory would immunize former Presidents for criminal liability for bribery, treason, sedition, murder and, here, conspiring to use fraud to overturn the results of an election and perpetuate himself in power. Such Presidential immunity has no foundation in the Constitution."

In taking the case, the Court decided to hear the following question: "Whether and if so to what extent does a former President enjoy Presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

But what "official acts" are they even talking about? Smith's indictment accuses Trump of things like organizing fake slates of electors; pressuring state officials and the DOJ and his Vice President to fraudulently change certified election results; and directing supporters to the Capitol on Jan. 6, 2021 after telling them to "fight like hell or we won't have a country anymore." The Justices --- as well as our two guests today --- all seemed to have a very difficult time finding any "official acts" for which Trump is being accused.

We're joined today by two excellent guests. Former Chief of the Fraud and Public Corruption unit at the U.S. Attorney's office in D.C., RANDALL D. ELIASON now teaches at George Washington University Law School, publishes the SidebarsBlog newsletter, and contributes to New York Times. Former Deputy Asst. Attorney General at DoJ, LISA GRAVES is now Executive Director of Truth North Research. They each know far more about all of this and the specifics of the Rule of Law than I do. But they too had trouble coming up with much of anything Trump has been charged with that has anything to do with "official acts" as President.

Its an "astonishing argument," says Graves. "What's at issue in this case is a set of conduct by this President to basically subvert our democracy through a variety of means. None of these are official acts. But even if somehow a President were engaged in an 'official act,' like appointing an ambassador, he couldn't take a bribe in the context of doing so. It just seems crazy that here we are with the U.S. Supreme Court basically delaying the prosecution of Donald Trump for a set of acts that are clearly outside the bounds of a Commander-in-Chief, whose job is to take care that the law is faithfully executed."

There was no conflict in the lower courts to resolve, but at least four members of the High Court decided they wanted to hear this silly argument nonetheless in which Trump and his attorney John Sauer have been arguing that, without immunity, Presidents would be unable to take bold, decisive action. It would "chill" their ability to do their job for the American people.

"The easiest response is that for nearly 250 years, that hasn't deterred Presidents from taking bold, decisive action," Eliason responds today. "Because they've also been willing to recognize that they need to act in compliance with federal criminal law, and they might be held accountable if they don't. On the one hand, he's saying there's a chilling effect on all these Presidents, even though it hasn't bothered any President in the past. On the other hand, he's saying 'But of course he could be prosecuted IF he's impeached and removed.' Well there's a chilling effect. So why doesn't that undercut his argument?"

We share audio clips from today's hearing, along with much more insight on all of it from Eliason and Graves, including why this case was accepted in the first place; the "Bizarro Superman world" in which we are having this argument and the "repugnant" idea of Clarence Thomas sitting on this case at all, as Graves observes; the argument by Sauer that unless statutes specifically say they are to apply to the President, like the federal bribery statute, they can't be held against him (Eliason, who headed up the DOJ's bribery prosecutions unit in D.C., notes the bribery statute actually "does not name the President, but nobody thinks that the President is immune for bribery"); and, of course, how and when they believe the Court will ultimately rule.

ALSO TODAY... On Wednesday, a grand jury in Arizona indicted Trump's former Chief of Staff Mark Meadows, his attorney Rudy Giuliani, his other attorney John Eastman and 15 others, including 11 Republican fake electors (including two sitting state Senators and the former head of the state GOP), for their efforts to try and steal the 2020 election for Trump in the state.

AND FINALLY... Desi Doyen joins us for our latest Green News Report, with grim-as-ever news, but also some really cool news from out here in California, where the state has been powered by 100% renewable energy --- largely solar --- for much or all of the day for a whole bunch of days in a row in recent weeks. So, there's that positive note to end today with, in any event!...

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Tonight's breaking news about the disgraced former President and insurrectionist being barred from the 2024 ballot in Colorado under the U.S. Constitution's "Insurrectionist Disqualification Clause" came just minutes before we were finishing up today's BradCast --- our last one of the year! But I suspect we'll have plenty to discuss when we return in 2024. [Audio link to full show follows this summary.]

Among the stories we did have time to cover in full on today's program...

• We open with a homerun public comment from a young man at a meeting of the Sarasota County, Florida School Board last week, calling for the resignation of Board Member and co-founder of Moms for Liberty, Bridget Ziegler. That, following the rape allegations against her husband, Christian Ziegler, Chair of the Florida Republican Party, by a woman who says she was involved in a threesome relationship with Christian and Bridget, a supposed "conservative" who rocketed to rightwing national fame as her Moms for Liberty group worked with FL Gov. Ron DeSantis to adopt the state's "Don't Say Gay Law" and to ban books from schools on LGBTQ-related issues. That, even as Bridget was allegedly involved in a sexual affair with another woman. But the guy's comment at the Sarasota School Board --- from which Bridget is still refusing to resign --- was killer.

• Good news at the end of the year for voting rights out of --- of all places --- the very far-right 5th U.S. Circuit Court of Appeals, in two different opinions issued on Friday, in fact. In one, the full court allowed a lower court ruling to stand mandating a new U.S. House map for Louisiana before 2024, after finding that the current map was an unlawful racial gerrymander by state Republicans under Section 2 of the Voting Rights Act. The other decision by the 5th Circuit allows a Texas voter suppression law --- which bans online voter registration, in a state with the lowest voter turnout in 2020 --- to stand. That's not good. But both decisions re-affirmed that voters and private organizations do have a legal right to sue to block racist voter suppression laws under Section 2 of the Voting Rights Act. Those affirmations come after the 8th Circuit Court of Appeals ruled just last month, for the first time since the creation of the Voting Rights Act in 1965, that only the U.S. Attorney General can sue to enforce Section 2 of the VRA. If allowed to stand at SCOTUS, the 8th Circuit's ruling would be an extraordinary blow to the landmark Act. So the 5th Circuit's rejection of those arguments, filed in both cases by Republicans, is a very encouraging sign.

• On Monday, Texas' authoritarian Governor Greg Abbott signed a new state law allowing state police to arrest --- and local judges to deport --- anyone suspected of being an undocumented immigrant. On Tuesday, civil rights groups sued to block the almost certainly unconstitutional new law. At least it used to be unconstitutional, back when SCOTUS overturned a similar "Papers, please!" law out of Arizona in 2012. But that was before there was a packed, stolen and corrupted 6 to 3 Republican majority on the High Court.

• Very bad news for both Donald Trump and Mark Meadows out of the also very conservative 11th U.S. Circuit Court of Appeals on Monday, as a three-judge panel rejected Meadows' attempt to remove his Georgia state criminal indictment related to 2020 election interference from state to federal court. As Law Professor Lee Kovarksy of the University of Texas explained last night, the ruling, written by the court's Chief Judge and very close Clarence Thomas ally, is very bad news for appeals of the "immunity" defenses filed by both Trump and Meadows in several different cases where they are attempting to use that legal gambit to skirt accountability.

• We received a lot of email following yesterday's lively call-in show, in which I asked folks who'd voted for Joe Biden in 2020, but who were planning on not doing so again in 2024, to call in and tell me why. Today we share a few of those notes in response.

• But, for something for nervous pro-democracy Americans to consider over the holidays until we return after the new year, we share a recent column from University of Illinois' Political Science Professor Nicholas Grossman, explaining why folks should not (yet) be freaked out about polls showing Trump defeating Biden next year, and why "pro-democracy Americans [should] approach the 2024 election with enthusiasm, not only dread."

• Finally, Desi Doyen joins us for our final Green News Report of the year! She includes a boatload of details on why, though we may be done with 2023, 2023 ain't yet done with us yet! But she also has some encouraging news on how long-overdue actions to tackle our climate crisis by the Biden Administration are finally beginning to take root as we move into the new year...

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Today was Election Day in a bunch of states across the U.S. Important contests and ballot measures were before voters in this off-year election, including in Ohio, Virginia, Pennsylvania, Kentucky, Mississippi, parts of California and elsewhere. And, as covered on today's BradCast, things did not go well for voters in parts of at least two of those states on Tuesday. [Audio link to full show follows this summary.]

• As we reported at The BRAD BLOG earlier today in some detail, new, unverifiable touchscreen voting machines made by ES&S were reportedly flipping votes in Northampton County, Pennsylvania. This wasn't the type of "flipping" that we've seen many times in the past, where the screens on the voting system are not calibrated correctly and when one tries to select a candidate, a different one gets highlighted instead. This was quite different.

  At a number of precincts across Northampton, a largely suburban enclave outside of Philly, when voters selected either "Yes" or "No" in a statewide retention election for each of two judges (one D and one R), everything presumably worked as expected. But if voters chose "Yes" for one of the judges and "No" for the other, their votes would get reversed to the opposite selections. Making matters worse, the computer printout of those votes would be reversed, while the screen itself would show the voters' actual selections.

  Back in 2019, as we reported at the time, just after the ES&S ExpressVote XL systems --- wildly expensive computerized electronic pencils --- were first purchased for use in Northampton, there were a number of candidates who learned after the election they had received ZERO votes on them. That, of course, was not true, and the paper printouts from the systems were eventually used to discern what were believed to be the correct results of the elections. But, of course, there is no way of knowing if the printed paper records were actually accurate, whether voters bothered to verify them, or if they did so correctly even if they tried to. That's just a few of the problems with every touchscreen Ballot Marking Device (BMD) used across the country. (For example, every voter at every polling place in the entire state of Georgia is still forced to use similarly unverifiable BMD systems made by Dominion Voting Systems.)

  Shamefully, after the 2019 disaster, PA's Northampton County didn't dump the machines then and there and move to verifiable hand-marked paper ballots instead. Today, those same systems melted down for voters again. And, perhaps even more shamefully, the County officials who approved them for use in the first place were blaming everybody but themselves for it, including election officials and ES&S. Perhaps most shameful of all, one of the candidates who, in 2019, was reported to have received "zero" votes in his election at the time for Northampton County Judge, but later found that he had actually won the election, presided over what to do about today's mess. After the problems came to light, he was the Northampton County Judge who, rather than ordering a move to hand-marked provisional paper ballots, instructed election officials to continue using the machines despite the fact that they were reversing votes.

  One local outlet reporting on the mess described today's "solution" to the problem this way: "In cases where the error would pop up for the retention question, the county would flip the results during the post-election canvass." (!!!)

  As noted, this is just a mess. Much more on all of this on today's show. And, I suspect, we'll be covering it more in the days ahead. Let's hope there are no close elections either statewide or in Northampton when PA results are tabulated tonight.

• Also today, it is being reported that, according to several nonpartisan voting rights groups, "an extraordinarily high number" of voters in the zip code of Ohio State University never received their requested absentee ballots by mail. The state held a critical election for a Constitutional measure today to protect abortion rights, as Republicans in the state, including its Sec. of State Frank LaRose, have pulled out all the stops to block the Amendment from passage (including recently purging 26,000 voters quietly from the rolls after the election had already begun.) There is also a proposal to approve recreational marijuana on Tuesday's ballot. Once again, the results, whatever they may be, better not be close, or there will be some hell to pay in the Buckeye State, I suspect.

• In Wisconsin, Republicans appear to be working hard to ensure chaos for next year's critical Presidential election in the Badger State. State Assembly speaker Robin Vos, last week, advanced 15 articles of impeachment against the state's top election official, as part of their years long effort to blame someone --- anyone! --- for Donald Trump's 2020 loss in the battleground state.

• And, speaking of 2020, Mark Meadows, Trump's former Chief of Staff and current co-defendant in the conspiracy case against them and 17 others for attempting to steal the Presidential election in Georgia, is being sued by his own book publisher. The publisher, All Seasons Press, claims that Meadows' reported cooperation in Special Counsel Jack Smith's federal indictment against Trump for his attempt to steal the 2020 election, contradicts Meadows claims in his book that the election was "rigged" and "stolen". ASP is now suing Meadows for millions. And it's hilarious.

• Finally, Desi Doyen joins us for our latest Green News Report, as Australia braces for another record bushfire season amid an El Nino; October 2023 is officially declared the hottest October ever recorded on the planet; Michigan enacts sweeping climate and environmental legislation; and President Biden unveils the nation's largest investment in rail travel in 50 years...

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Today's BradCast might be best summarized by matching up the mugshots and court appearances this week (most of them just today!) of Republican attorneys who are being held accountable for felony crimes, most related to election fraud. [Audio link to full show follows below this summary.]

From left to right of the rogues gallery pictured above...

• Ohio attorney and Trump donor James Saunders was found guilty on Tuesday of two counts of election fraud for having voted twice, once in Ohio and once in Florida, in both the 2020 and 2022 general elections. The judge immediately sent him to jail after the verdict, even before his sentencing next week. Saunders apparently committed the same crimes in 2014 and 2016, but the statute of limitations had already run before Cuyahoga County prosecutors nabbed him.

• Republican Texas Attorney General Ken Paxton's trial on 20 impeachment charges in the state Senate is scheduled to begin on September 5. The photo above (second from left) is his mugshot from 2015 when he was charged with state felony Securities Fraud which he has yet to be tried for. TX voters elected him twice since then, nonetheless. As to the charges for which he has now been impeached, Texas House impeachment managers this week released new details about Paxton's abuse of office as the state's top law enforcement official, which include abuse of office to help his friend and donor Nate Paul, his use of a fake Uber account, burner phones and secret personal emails accounts used, in part, to facilitate his secret visits with his mistress who Paul's firm hired in order to make it easier for Paxton to visit her in Austin. All of that, even as Paul was secretly paying to renovate Paxton's home in McKinney. Paxton, who led the failed U.S. Supreme Court lawsuit attempting to toss out every vote cast in Georgia, Michigan, Wisconsin, and Pennsylvania, in the 2020 Presidential election, is also under federal investigation for many of the crimes he has been impeached for in the Lone Star State where he is now serving his third term as A.G.

• A whole passel of Donald Trump co-defendants --- many of them also Republican attorneys --- were in the news today, as many surrendered to felony charges in Fulton County, Georgia, after being charged in the state racketeering conspiracy indictment along with Trump for their efforts to steal the 2020 election in the Peach State. Seen in mugshots above (slots 3 through 6) are Trump attorneys Rudy Giuliani, John Eastman (booked yesterday), Ken Chesebro, and Sidney Powell. Also surrendering today in Atlanta was Misty Hampton, the Republican Election Director of Coffee County, GA who invited Powell, and a bunch of other MAGA folks in to the Elections Office in the rural, Republican-leaning GA county to make unlawful copies of the state's sensitive voting system software. Also in related news today were Trump's former Chief of Staff Mark Meadows and former Trump DoJ attorney Jeffrey Clark. Both are co-defendants in the RICO case, currently seeking to move their trials to federal court. Both had moved in federal court to postpone or cancel their surrenders in Fulton County. Both motions were rejected by the federal court today just before airtime after Fulton County District Attorney Fani Willis made clear that they had both been given more than enough time before this Friday's deadline to turn themselves in.

In other, occasionally related news on today's program...

• Yevgeny Prigozhin, founder of the Russian mercenary Wagner military battalion and leader of a short-lived coup against his former close ally, Vladimir Putin, earlier this year, reportedly died along with 9 others in a private jet that crashed shortly after takeoff approximately 60 miles north of Moscow on Wednesday. The plane was video-taped falling out of the sky after something appears to have caused an explosion after the jet had reached cruising altitude.

• Milwaukee Public Schools were closed today in Wisconsin due to a dangerous heat wave. The closure comes on the same day that eight GOP candidates --- none named Trump --- are to appear in Milwaukee this evening for the party's first Presidential Primary debate of the 2024 season. Pretty much all of these candidates, many of whom pretended to be furious about school closures due to COVID, are also climate crisis deniers. Nonetheless, they are unlikely to raise the issue of our climate emergency at tonight's debate, despite the school closures today due to climate change in the very city in which they will be debating tonight.

• The newly all-male state Supreme Court in South Carolina reversed the Court's own ruling from earlier this year today, regarding the state Legislature's near total abortion ban, even though the majority opinion concedes the new law infringes "a woman’s right of privacy and bodily autonomy." The 5 men now serving as Justices --- following the lone female Justice's mandatory retirement earlier this year --- just don't care, apparently. Unlike the now-retired female Justice who wrote the majority opinion blocking the new law earlier this year, the dudes now sitting on the state's High Court believe those state Constitutional interests of women do not outweigh "the interest of the unborn child to live."

And finally...

• Trump says he will go in for booking at the Fulton County jail on Thursday evening, during TV's prime-time, of course. As he is set to be arraigned for his fourth criminal indictment of the year (his second one for attempting to steal the 2020 election), musical satirist Randy Rainbow returns with an all new, hilarious tune to mark the occasion and close today's program...

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We've got more Special Coverage on today's BradCast of the fourth --- and, theoretically, last, but who knows? --- criminal indictment of our disgraced former President for the Summer season. [Audio link to full show follows below this summary.]

On Monday's show this week, just hours in advance of the massive new criminal charges out of Georgia, we detailed the dangers to next year's elections of the illicit Coffee County, Georgia voting system software breach carried out by Trump supporters beginning on January 7, 2021 (and covered up in the many months that followed by Sec. of State Brad Raffensperger). The scheme --- which we helped break last year and have been covering ever since --- is now known to have been just one part of a multi-state conspiracy organized by Trump attorney Sidney Powell and hatched inside Trump's Oval Office in December of 2020. It remains a huge threat to the security of next year's Presidential elections across the entire state of Georgia and in more than a dozen states with jurisdictions using the same breached, proprietry hardware and software that was stolen from Coffee County.

On Tuesday's show, we detailed the sprawling 97-page RICO indictment [PDF] of Donald John Trump and 18 co-conspirators charged with 41 felony counts by a grand jury in Fulton County, Georgia late on Monday. The charges are related to Trump's alleged (and failed) criminal enterprise to steal the 2020 Presidential election in the Peach State (and elsewhere) and comes out of the two-year probe by Fulton County, D.A. Fani Willis. We broke down all of the charges, detailed those who were indicted, along with a focus on the specific charges brought against Powell and the three others facing several counts related specifically to conspiracies to commit Computer Theft, Computer Trespass, Computer Invasion of Privacy ("with the intention of examining personal voter data") and Conspiracy to Commit Election Fraud as part of the Coffee County scheme.

The new indictment brings the number of criminal felony charges that our disgraced former President is now personally facing in four different jurisdictions at both the state and federal level to a gob-smacking 91!

And then on today's program, our hot indictment summer continues, with both legal and political analysis of the new indictment with two old friends. Former attorney KEITH BARBER of Daily Kos (who joined us last week for a splendid preview and explanation of what RICO charges are!) is with us again today, along with award-winning Salon columnist and Hullabaloo blogger HEATHER DIGBY PARTON.

Among the many topics discussed on today's program related to the latest Trump Indictment and what it means moving forward into next week's first-of-the-season GOP Presidential debate and next year's election...

• General thoughts on and surprises from the new indictment.
• Barber on "the power of RICO".
• Parton on her article on whether former Trump Chief-of-Staff Mark Meadows may be cooperating in Special Counsel Jack Smith's federal case on Trump's attempt to steal the 2020 election.
• Barber on Meadow's motion to move his indictment from state to federal court.
• How and why did Sen. Lindsey Graham (R-SC) escape indictment from Willis, despite his participation in the criminal enterprise to steal the Peach State election for Trump?
• The still wildly under-investigated matter of the scheme to replace Mike Pence as President of the Senate overseeing the Electoral College certification on January 6, 2021 with Sen. Chuck Grassley (R-IA). (Willis refers fleetingly to this scheme in her indictment, see p. 44; Barber wrote a bit about this as "Trump’s Plot To Kidnap The Vice President" back in April of 2022.)
• Trump's post-indictment Tuesday morning claim that next Monday he will release an "Irrefutable REPORT" on "Presidential Election Fraud which took place in Georgia" in 2020 which he claims will be a "complete EXONERATION!" for him. (Giggle.)
• How that "REPORT" is likely to be an unlawful continuation of the same criminal enterprise under RICO that he is already charged with.
• What we should expect from next week's first-of-the-season 2024 GOP Presidential debate in Milwaukee and whether Trump will (or should) show up for it.
• My continuing --- if, apparently, controversial --- Spidey Sense (not a prediction...just a sense, as explained today) that Trump will, ultimately, not end up being the GOP Presidential candidate on next year's ballot...

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We thought it possible that the news might break during yesterday's program, as we were covering some very related news. It happened, instead, later in the evening, just a few hours after we signed off from The BradCast. And it was just about as broad and sweeping as we've been arguing that it was likely to be. [Audio link to full show follows this summary.]

A Fulton County, Georgia grand jury handed up a sprawling 97-page indictment [PDF] on Monday evening, detailing 41 criminal felony counts for its 19 named defendants. Leading the case, of course, are the 13 new charges against Donald John Trump, who is alleged by Fulton County District Attorney Fani Willis to have run a racketeering (RICO) scheme with the other 18 defendants. The purpose of their criminal enterprise, the indictment details, was to steal the 2020 election from Joe Biden, Georgia voters and the American people. Happily, his racket failed.

The charging document details the counts related to the many different unlawful ways in which Trump and his co-conspirators attempted to flip the 2020 results in the Peach State, including by strong-arming state officials from members of the Legislator to the Secretary of State; lying to them all about non-existent voter fraud; threatening election workers into making false confessions; creating fake Trump electors as part of the scheme to pressure the Vice President into discarding the legitimate Electoral College results on January 6, 2021; and more, including the notorious voting system software breach in Coffee County which we had a hand in breaking on The BradCast more than a year ago.

Trump's indicted co-conspirators include his disgraced attorneys Rudy Giuliani, John Eastman, Ken Chesebro and Sidney Powell; his former Chief of Staff Mark Meadows; former DoJ official Jeffrey Clark; a number of GOP operatives who conspired to threaten election worker Ruby Freeman; former GA GOP chair David Shafer; sitting GOP state Senator Shawn Still; former Coffee County GOP chair Cathy Latham; former Coffee County Director of Elections Misty Hampton and Atlanta bail bondsman, Scott Hall.

It was Hall's ill-considered phone call to frequent BradCast guest Marilyn Marks of the Coalition of Good Governance, bragging about his role in the entire illicit scheme to image hard drives on voting and tabulation systems made by Dominion Voting Systems in Coffee County, which initially helped reveal the unlawful plot last year. That phone call was aired for the first time on our show in May of 2022. We've been covering the entire plot --- a multi-state conspiracy hatched in Trump's Oval Office in December of 2020 and organized by Powell --- ever since on this show and at The BRAD BLOG, even as GA's Sec. of State Brad Raffensperger appears to have been working hard to cover it up ever since. That, despite the ongoing dangers to next year's Presidential election.

The breach plays a major role in Willis' indictment. She charges Powell, Hampton and Hall with seven conspiracy crimes each related to Computer Theft, Computer Trespass, Computer Invasion of Privacy ("with the intention of examining personal voter data with knowledge that such examination was without authority") and Conspiracy to Commit Election Fraud. Latham was also charged with those same seven counts and another four related to her dual role as one of the fake electors in Georgia.

All of that and more is detailed on today's program, including Willis' late night announcement of Trump's fourth criminal indictment in just over four months. He is now, personally, facing 91 charges in four different jurisdictions at both the state and federal level.

Finally today, Desi Doyen joins us for our latest Green News Report, which also happens to include some landmark good news for a happy change (along with the usual amount of grim news), to end today's program...

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On today's BradCast we catch up on where each of the major, still-unindicted criminal investigations of Donald Trump currently stand with the one person who may pay closer attention to the details of the cases than even the prosecutors working on them! [Audio link to full show follows this summary.]

Over the weekend, longtime national security journalist MARCY WHEELER of Emptywheel wrote three articles, summarizing the latest status in each of the three ongoing criminal probes of the already-criminally-indicted-in-New-York former President, and what the final issues are that prosecutors must nail down before indictments can be brought.

Those cases include Special Counsel Jack Smith's federal investigations of Trump's January 6 related conspiracies and the documents he stole from the White House, as well as Fulton County, Georgia District Attorney Fani Willis' broad probe into Trump's failed attempt to strong-arm state officials into stealing the 2020 election from Joe Biden.

Among the many points discussed with Wheeler, who joins us today from Paris...

On Jan 6 and related matters:

• Why determining the legal definition of "corrupt purpose" in the D.C. federal court circuit, in regards to Trump's attempt to obstruct the Electoral College vote certification, is so important to Smith's case.
• Why pending cases against Jan. 6 insurrectionists remain key to that definition.
• Why the fake electors schemes in several states and Trump's fraudulent fundraising on his lies about election fraud is also critical to Smith's case.
• Evidence that Trump's own attorneys knew in advance that their fake electors scheme was unlawful.
• Why nailing down testimony from cooperating witnesses is so important and whether former VP Mike Pence --- who testified before Smith's federal grand jury last week about Trump's attempt to have him assassinated --- can be made into a sympathetic witness on the stand.
• Will we see a broad set of indictments against Trump regarding Jan. 6 or just one or two focused, easily provable charges?
• Is Smith investigating the multi-state conspiracy to breach voting system software in states like Georgia, Michigan, Colorado and elsewhere as part of his probe?

On the Stolen Documents:

• What's the hold-up in bringing charges on what has always seemed like the simplest of the many ongoing cases?
• Why it's helpful that Smith is overseeing both this case and the Jan 6 probe, given that several witnesses are key to each of the cases.
• What the specific criminal charges may ultimately be, and the important related decision on whether they will be brought in Florida or in D.C.

On the GA Conspiracy:

• What's the hold-up for D.A. Willis in bringing charges in the Georgia-related crimes?
• Why Trump is likely to try and move any GA charges to the federal level (and into Smith's lap).
• How and why a number of co-conspirators may have suddenly decided to cooperate with Willis after all in recent days.
• How there may be an additional 24(!) previously-unknown witnesses to Trump's infamous Jan 2, 2021 phone call to the GA Sec. of State attempting to strong-arm him to "find" 11,000 votes to steal the state's election from Biden.

That's just a sample, of course. Wheeler joins us for the full hour. Dig in...

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On today's BradCast: Maybe now Jack Smith will start investigating the multi-state criminal plot by MAGA conspiracists to breach voting system software? Now that we know the unlawful scheme actually began in Donald Trump's Oval Office, as overseen by Trump himself, back in December of 2020? [Audio link to full show follows below.]

We have been reporting on the unlawful, criminal breaches of sensitive voting and tabulation system software by MAGA rightwingers following the 2020 election for nearly two years at this point. Most notably, we've focused most closely on the incident that occurred in the rural, right-leaning Coffee County, Georgia, where local GOP Board of Election members, County Commissioners and Republican Party officials allowed outsiders organized and funded by Trump lawyer Sidney Powell, to come in to the elections office to make illicit copies of the County's sensitive, proprietary election management software made by Dominion Voting Systems. The software in rural Coffee County also happens to be the exact same software that is used across the entire battleground state, thanks to the insistence of Republican Sec. of State Brad Raffensperger.

We first learned about the Coffee County breach last year, thanks to Marilyn Marks, founder of Coalition for Good Governance, which has a long-running federal lawsuit against the state, seeking to the ban the use of Raffensperger's 100% unverifiable touchscreen voting systems made by Dominion. She received a bizarre phone call --- which we previously aired on this program --- from an Atlanta-area businessman named Scott Hall, essentially confessing to the unlawful breach in Coffee County on January 7, 2021. He thought Marks was a fellow MAGA traveler. She wasn't. She is a non-partisan election integrity advocate. A real one.

Since that breach, which included the participation of folks like Doug Logan of Cyber Ninjas (the clowns who ran that phony audit of the 2020 Presidential election in Phoenix, Arizona in 2021), was revealed, thanks to Marks' ongoing civil lawsuit, Sec. Raffensperger seems to have been working very hard to cover the entire thing up and, according to our guest today, DoJ Special Counsel Jack Smith does not appear to be investigating.

Hopefully, that may have changed as of Friday, when two major media outlets ran scoops based on a new letter [PDF] sent by our guest today, SUSAN GREENHALGH of Free Speech for People, to U.S. Attorney General Merrick Garland, Special Counsel Jack Smith and FBI Director Christopher Wray.

First, CNN reported Friday morning that text messages obtained via Marks' lawsuit revealed two of the software breaching Trump operatives discussed whether to somehow use information gleaned from their unlawful actions to try and prevent the certification of Democratic U.S. Senator Jon Ossoff's January 5th, 2021 U.S. Senate runoff victory over Republican David Purdue, or whether they should "hold it for a bigger moment."

Then, later on Friday, the New York Times ran a report detailing Greenhalgh's discovery that the plot to breach voting system software in several states --- which we already knew had been organized and funded by Powell --- was actually hatched during the infamous "crazy" meeting in the Oval Office on December 18, 2020. That, based on testimony to the House January 6 Committee that Greenhalgh documented from several Trump aides who were in the room where it happened that night. Attendees at the meeting included Powell, Rudy Giuliani, Michael Flynn, former Overstock.com CEO (and plot funder) Patrick Byrne, Chief of Staff Mark Meadows and others. It went on for hours and was presided over by Donald Trump himself.

So, maybe Smith or Garland or Wray will be interested in investigating the multi-state conspiracy plot now?!

Greenhalgh explains that cybersecurity experts are concerned that the stolen software "can be used in disinformation campaigns, which we are already seeing happen. It could be used to fabricate evidence." She notes that "in 2020 when all those [Trump] lawsuits failed, it was because there wasn't any real or credible evidence. But software is mutable. You can play around with it. Could this be used to try and fabricate some false evidence to say, 'Look, this is what we found on some voting machines and look they stole the election?'"

"Most ominously," she warns, the software could be used to "to develop and tailor malware that could be deployed to actually start stealing votes, in the very way that we had people arguing was done in the 2020 election --- but now it's coming from the very same people that actually made those outrageous and baseless claims. Now [they] have the ammunition and basically the keys to the vault that could enable them to do much more nefarious things like actually hack an election."

So, why hasn't this been investigated by the Feds before now, as a response sent by the FBI to Greenhalgh in January [PDF] indicates, claiming the Bureau can only investigate after "a formal request for assistance" by "local authorities"? Why does GA Sec. of State Raffensperger, wrongly viewed as a hero for not stealing the 2020 election for Trump, seem to be working so very hard to cover up what happened in Coffee County? Why have corporate media been so reticent to dig into the story? Why have Greenhalgh and Marks had to do the bulk of the heavy lifting to even get us to this point? Why haven't members of Congress jumped in to demand a proper probe at the federal level? And will a proper federal probe finally happen now that the matter has found its way smack dab into Smith's purview by landing, via the New York Times, in Trump's Oval Office? (All thanks, of course, to the indefatigable work of Susan, Marilyn and their nonprofit organizations!)

"There's a lot more to this story to report," Greenhalgh insists. "As you know, it's still just the tip of the iceberg and there's a lot more information underneath that can still be reported. Greenhalgh's February follow-up letter to the FBI's response [PDF], for example, notes that, contrary to the assertion from R. Joseph Rothrock, Chief of the FBI's Public Corruption and Civil Rights Section, the Georgia State Elections Board says that it has, in fact, "requested assistance from the FBI." That, according to a public statement from its Chair in September of 2022

Tune in for answers to all of the above questions and many others on today's BradCast, which also includes some cameo call-ins from both Marks (who suggests listeners contact their U.S. Senators to ask them to demand a DoJ probe) and GA election integrity advocate Jeanne Dufort!...

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We didn't learn much. But we learned a little. And the evidence, as discussed on today's BradCast, suggests there is much more to come. [Audio link to full report follows this summary.]

On Monday, Fulton County Superior Court Judge Robert McBurney ordered the partial release of the final report by the Special Purpose Grand Jury convened by Fulton County District Attorney Fani Willis last year. She is probing whether or not Donald Trump and his allies unlawfully pressured Georgia officials to change the 2020 Presidential election results to declare him the winner, despite his having lost to Joe Biden by about 12,000 votes.

Today, about five pages from that report were released, including its introduction, conclusion, and one section finding that "A majority of the grand jury believes that perjury may have been committed by one or more witnesses testifying before it."

After hearing "evidence from or involving 75 witnesses during the course" of their investigation, the 26-member panel (including three alternates) went on to recommend "the District Attorney seek appropriate indictments for such crimes where the evidence is compelling." They also determined "by a unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election."

The portions of their report released on Thursday did not include any specific names, however, out of concern by both Willis and McBurney, of "fairness" to any potential future defendants. During the hearing on whether to release the report partially, in full, or at all, back on January 24, Willis asked McBurney to temporarily withhold the report "in the interest of justice and the rights of, not the state, but others," as she explained that charging "decisions are imminent."

Based on court documents, witness statements and other information, the Special Grand Jury, which completed its work in December, was believed to be examining phone calls made by Trump and others to Georgia officials, such as the notorious one from January 2, 2021, in which Trump was famously heard threatened the state's Secretary of State and instructed him to "find" enough votes to flip the election from Biden to himself; the state's 16 fake Republican electors who falsely declared themselves "duly elected and qualified"; false allegations of fraud presented to state lawmakers by Rudy Giuliani and others; Attempts to pressure election workers into falsely confessing to fraud; and the unlawful, secret duplication of voting system software by GOP operatives in rural Coffee County, among other things.

We're joined today for insight and analysis by KEITH BARBER, attorney and legal commentator formerly known as "KeithDB" at Daily Kos, who now writes at Medium. He explains that it was actually remarks from Judge McBurney on Monday, when ordering the partial release of the Special Grand Jury report, that leads him to believe the panel's full report recommends indictment of our disgraced former President.

"The biggest hint that it likely includes Trump is in the judge's decision ordering the release. In that decision," Barber explains, "the judge expressed special concern for the due process rights of potential defendants who did nothave an opportunity to testify before the grand jury. And, as we know, a whole lot of people testified, including Rudy Giuliani, Lindsey Graham, and many more. The one who did not have an opportunity to testify, who was never asked to, is Donald Trump."

In fact, as Washington Post observes, "At least 18 people have been notified that they are targets of the election interference investigation, according to court documents and statements from their attorneys." Giuliani has said he is one of them. The 16 fake electors were reportedly told the same. Who might the 18th be? Well, while Trump's legal team in Georgia stated that their client was never invited to testify, they refused to comment when asked if he'd been given notice by Willis that he's a target.

Another curious point we also discuss is that, despite Judge McBurney describing the full report as including "a roster of who should (or should not) be indicted, and for what, in relation to the conduct (and aftermath) of the 2020 general election in Georgia," the report's conclusion is on a page that is numbered as "9". Barber observes that a separate Special Grand Jury Report from 2012 [PDF], out of the state's DeKalb County, recommended charges for just one person. But that report was 83 pages in length. What does that mean? We discuss.

One potential explanation for the apparently short report from Fulton County, as I note, is that those that the Grand Jury recommendations for indictment may be listed in an Appendix to their report, which may come on pages numbered after the report's "conclusion" section.

We read those tea leaves and many others today, including why Willis' "imminent" charging decisions may be taking a while to become indictments. We also discuss the delightfully fascinating data point that Georgia's state Constitution bars the Governor (currently, Republican Brian Kemp) from issuing pardons. Only a state commission appointed by the Governor may do so, but only after the perpetrator in question has completed their sentence. Given that Willis may be working toward invoking the state's expansive racketeering statutes in this case --- which can add many years to state sentences when defendants are found to have participated in a conspiracy --- that could result in very long, unpardonable prison sentences for Trump, Giuliani, the fake electors (which included both GA's current Lt. Governor and the state's Republican Party chair) among others.

Also today, Desi Doyen joins us for our latest Green News Report on back-to-back disasters in New Zealand; more bad news for Antarctica's melting glaciers; and the bizarre flip of a switch that seems to have happened on Fox 'News' and (naturally) among Republicans regarding the horrific toxic chemical train derailment and explosion that happened about two weeks ago in East Palestine, Ohio.

Suddenly, they care about the health of nearby residents? The lack of regulations for the rail industry? (Which Trump rolled back after new rail safety rules were enacted by Obama, by the way.) They suddenly give a damn about the EPA not acting aggressively enough? Really? Well, not really, as we discuss before finishing off today with a few wise words on all of this from Trae Crowder, the Tennessee-born political comedian known as "the liberal redneck"...

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Some tea leaf reading was necessary on today's BradCast, but it's our consensus that the news out of a hearing today at the Fulton County, Georgia Superior Court is encouraging. [Audio link to full show is posted below this summary.]

BUT FIRST TODAY, maddeningly, we've got to run through the litany of mass shooting over just the past 24 hours or so, following the horrific massacre over the weekend at a dance hall in Monterey Park, near Los Angeles. Since covering that shooting which resulted in 11 dead and 9 injured on yesterday's program, the massacres --- most apparently carried out with semi-automatic weapons and extended magazines that allow at least 30 rounds to be fired in seconds --- have continued. Two more in California. Another in Iowa. Another in Washington state. Republicans continue to send their thoughts and prayers. Democrats continue to try and actually do something about the epidemic.

AND SPEAKING OF EPIDEMICS, apparently the mishandling of classified documents by former Vice Presidents is a bit of an epidemic. Today, it was Mike Pence's turn to announce that his attorneys found "a small number of documents bearing classified markings" stored at his new palatial home in Indiana. While CNN's report compares the situation to Joe Biden's in paragraph 3, one must read all the way to paragraph 13 before the former President is mentioned.

You may remember him. He's the one who, literally, stole hundreds of classified documents comprising thousands of pages, on purpose, when he left the White House. He then repeatedly refused to return them to federal government officials (to whom he lied) for more than a year, despite the government begging him to return them and being forced to subpoena them, before finally taking them by force via a federal search warrant finding probable cause that multiple crimes were under way by the former President.

Once again, we've got to provide appropriate context to the story today since corporate media continues to fail to do so. In brief, the Pence and Biden cases are ones in which they discovered they had several documents they shouldn't have had in their possession, likely stored there by aides without their knowledge. After discovering them, the former Veeps then notified authorities and returned the documents. That, of course, is nothing like the felony crimes that Donald Trump pulled off and, apparently, continues to pull off even today, with dozens of classified documents still known to be missing.

Our friend Marcy Wheeler, investigative national security journalist, provided a handy chart today to help a few of our failed corporate media friends out when attempting to report on these apparently totally confusing matters...

NEXT, we move to the fascinating --- and encouraging, we think --- hearing at Fulton County Superior Court today. Two weeks ago, a Special Process Grand Jury convened by Fulton County D.A. Fani Willis completed its work and was dissolved. After eight months of investigation and some 75 interviews with subpoenaed witness, the panel completed a report and submitted it to Willis and Superior Court Judge Robert McBurney. While Special Process Grand Juries in GA, unlike regular Grand Juries, are not empaneled to issue indictments, they may recommend such indictments in their final report.

The panel has been investigating efforts by Trump and his supporters after the 2020 Presidential election to strong-arm state officials into stealing results on his behalf after he narrowly lost in the Peach State. The probe was kicked off by Willis shortly after the release of Trump's infamous, January 2, 2021 phone call to GA Sec. of State Brad Raffensperger, asking him to "find" 11,870 votes "one more than we have" to steal the election for Trump and threatening the Secretary with legal action if he failed to do so.

In addition to that, the Special Grand Jury is believed to have been investigating calls made by other Trump allies to state officials; false allegations of election fraud proffered to state legislators; attempts to threaten and pressure poll workers into falsely confessing to fraud; the 16 Georgia Republicans who falsely claimed to be "duly elected and qualified" electors; the abrupt resignation of Trump's U.S. Attorney in Atlanta; and the unlawful breach and duplication of voting system software and data in rural Coffee County (as originally reported in detail on this program.)

Nobody other than Willis and McBurney (and the Special Grand Jurors) know what is in their report, but the panel requested that it be made public. Today's hearing in Atlanta was convened to determine if that would happen in full immediately, in part immediately, or not at all until sometime in the future. Willis and her office argued against immediate public disclosure of report, offering some tasty morsels as to why.

"We think, for future defendants to be treated fairly, it's not appropriate at this time to have this report released," Willis told the Judge. "At this time, in the interest of justice and the rights of, not the state, but others, we are asking that the report not be released because you, having seeing that report... [pause]...decisions are imminent."

What does that mean exactly? We discuss. Along with the counter arguments from an attorney representing media outlets such as the Atlanta Journal Constitution, New York Times and Wall Street Journal who argued today for the immediate public disclosure of the Special Grand Jury report. "We believe the report should be released now and in its entirety," argued the media intervenors' attorney, Tom Clyde. The question is difficult, given the rarity of Special Process Grand Juries in GA and the extraordinary circumstances of what they've been investigation. Judge McBurney is now considering his options. Willis is free to move ahead with indictments at any time, no matter what is ultimately decided about the report.

FINALLY TODAY, Desi Doyen has our latest Green News Report, with news on California's recently disastrous string of punishing storms; a new report on whether off-shore wind power is killing whales off the U.S. northeast coast; the high cost of weather disasters in the U.S. in 2022; and some good news for manatees off the coast of Florida...

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The violence was no accident. It was not a peaceful protest that spun out of control. Instead, as Rep. Elizabeth Cheney (R-WY) observed, in explaining her Jan. 11, 2021 vote to impeach, a then "President of the United States summoned the mob, assembled the mob, and lit the flame for this attack." It was, by the former President's deliberate design, a violent insurrection.

In its Executive Summary [PDF] released last week, the bipartisan House Select Committee to Investigate the January 6th Attack on the United States Capitol amplified its referral to the U.S. Department of Justice for potential prosecution of former President Donald J. Trump et al. under provisions of 18 U.S.C. §2383 - Rebellion or Insurrection, which expressly applies to anyone who "incites" an insurrection.

"A Federal Court", the Committee observed, "has already concluded that President Trump's statements during his Ellipse speech were "plausibly words of incitement not protected by the First Amendment."

Those "words", uttered by the then President on January 6, 2021 at what was billed as a "Stop the Steal Rally" at the Ellipse near the White House, included 22 occasions in which Trump urged his supporters to "fight". He told them: "We fight like hell. And if you don't fight like hell, you're not going to have a country anymore." Trump offered those words to an angry, armed mob gathered in D.C. that morning after his lawyer, Rudy Giuliani, at the same rally, called for "trial by combat."

While not mentioned in the Committee report's Executive Summary, the video recordings of the rally reflect that, as the former President was speaking, the crowd chanted: "Fight for Trump! Fight for Trump!"

Trump knew those he'd summoned to Washington D.C. on Jan. 6 were both armed and dangerous. According to Cassidy Hutchinson, an aide to then Chief of Staff Mark Meadows and one of the J6 Committee's star witnesses, Trump became irate when "thousands would not pass through the magnetometers" at the rally site, which had been erected by the Secret Service for his protection. She testified that the former President said: "I don't F'ing care that they have weapons. They're not here to hurt me."

Given the totality of the evidence assembled by the Committee over the past 18 months, detailing Trump's multifaceted effort to overturn and steal the election from the American people in order to retain the Presidency, a prosecutor would be well positioned to argue that, when Trump directed thousands of angry and armed supporters to move to the Capitol, he was extolling them to essentially carry out a violent coup and that the words uttered at the Ellipse were, indeed, "incitement" within the meaning of the Insurrection statute.

Indeed, his reported irate antics in response to his Secret Service detail's refusal to permit him to accompany the mob at the Capitol, suggests that the former President saw his own role as that of an insurrectionist Commander in Chief --- someone who could direct the actions of an armed mob that included members of extremist militias clad in tactical gear.

As defined by the U.S. Supreme Court in Brandenburg v. Ohio (1969), however, speech is prohibited only where it is (1) "directed at inciting or producing imminent lawless action", and (2) "likely to incite or produce such action." [Emphasis added.]

That definition provides room for Trump's legal counsel to argue the former President merely told the crowd to "go to the Capitol"; that it wasn't an incitement to "imminent" violence.

However, that plausible defense evaporated on Jan. 6, 2021 at 2:24 p.m. when Trump tweeted...

As early voting records are smashed and lines are obscenely long once again in advance of Tuesday's U.S. Senate Runoff Election Day, today's BradCast offers a maddening reminder of why we've been covering Georgia elections, in such detail, for so many years. [Audio link to full show follows this summary.]

Thanks to state Republicans who cut the time for runoff elections by more than half after the 2020 elections, voters across the GA are now forced to wait in hours-long lines to vote early this week in the contest between incumbent Democratic Sen. Raphael Warnock and Trump-backed former football player and unapologetic liar Herschel Walker. While early voting records are being broken, as we detailed yesterday, much of that is thanks to the GOP's SB202 voter suppression bill [PDF], adopted last year by the state legislature, supported by its Republican Sec. of State Brad Raffensperger and signed by its Republican Governor Brian Kemp.

Where Peach State voters had as many as 17 early voting days in the November 8 elections, they now have no more than 7. And with the compressed time between the general and the runoff, few are able to request, receive and return absentee mail ballots in time. Instead, voters are now being forced to stand in line to vote at polling places on the state's 100% unverifiable touchscreen computer voting systems.

We're joined today to discuss that and much more by longtime election integrity champion JEANNE DUFORT of the Coalition for Good Governance. Dufort has served as Georgia election observer for many years, representing both the Democratic and Libertarian Parties at various times in the Peach State's rural, Republican-leaning Morgan County. She is also a named plaintiff (Full Disclosure: Along with me!) in the Coalition's lawsuit challenging several of the many disturbing provisions of SB202.

Dufort offers insight today from on the ground on how things went for voters on November 8, with most of SB202's voting restrictions in place; why it's now so difficult to vote there once again in the runoff; and why voters should be concerned about the ability to know if results reported next week by Raffensperger's insecure and unverifiable touchscreen systems --- forced on voters at every polling place, instead of verifiable hand-marked paper ballots! --- will actually reflect the intent of state voters.

"You can break all the daily [early voting] records that you want and still not have enough capacity for everybody who wants to vote," she explains. "All of the bottlenecks are at check-in. They haven't been able to figure out how to get enough check-in stations to get 17 days-worth of early voting, plus people who would prefer to vote by mail but don't think they can" into the short early voting period now allotted by SB202. "Compressing all that into these seven days is ten pounds in a five pound sack."

In addition to check-in bottlenecks, the computerized voting systems don't make any of it easier or faster, particularly in an election with one single race on most ballots across the state. "It would be faster if they handed them a ballot and just marked it. That would be faster than putting the card into the machine, bringing it up, tabbing through the things, do the check and waiting for the printer. It's just stupid. When you think about marking a ballot by a pen and then watch the process on a machine, it seems amazing that somebody would spend $3,000 on a machine to do what a $1 pen would do. But here we are."

As usual, there is much much more to discuss with Dufort about all of this today!

Also on today's program...

• "Dems in array!" In a rare display of unity on the left, House Democrats voted unanimously on Wednesday for their new leadership beginning in January. New York's Rep. Hakeem Jeffries will be the first black American to head up a major political party in Congress, taking the reigns following Nancy Pelosi's historic tenure as she and the rest of the party's longtime leadership team step aside to allow a new, younger generation to take over. All of that by way of contrast with the chaos on the GOP side and whether Rep. Kevin McCarthy will be able to muster enough votes from his own caucus to become the new Republican House Speaker next year.

• With Pelosi still serving as Speaker in the lame duck session of Congress, the House passed two bills today to try and help avert a rail strike that would cripple the nation's economy. With 4 of 12 rail unions opposing a new contract negotiated with the help of the White House in September --- granting a 24% pay raise to workers, but failing to allow for paid sick days --- a bipartisan bill would force the agreement to be adopted. A second bill passed by all Democrats and only three Republicans in the House on Wednesday would mandate seven paid sick days per year. Whether either measure can now be passed in the Senate, where approval by 10 Republicans would be needed to overcome a filibuster, remains to be seen.

• And, in a unanimous three-paragraph ruling late Tuesday, the South Carolina Supreme Court ordered Trump's last Chief of Staff, Mark Meadows, to testify before the Special Grand Jury in Atlanta convened by Fulton County District Attorney Fani Willis to probe the Trump-lead conspiracy to strong-arm GA election officials into changing the 2020 results in his favor. Meadows argued he didn't have to testify due to executive privilege. SC's Supreme Court tersely responded in their order: "We have reviewed the arguments raised by [Meadows] and find them to be manifestly without merit." Ouch...

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We've got some surprisingly good-ish news throughout today's BradCast. Given the grim days of late, we apologize in advance for any confusion. [Audio link to full show is posted below this summary.]

Last night, not long after we got off air, there were two pieces of encouraging news on the possibility of seeing criminal accountability against our disgraced former President and his multiple failed attempts to steal the 2020 election. One of those encouraging items was an interview with Attorney General Merrick Garland on NBC News, in which Garland reiterated, yet again, that the DoJ is working diligently "to bring to justice everybody who's criminally responsible for interfering with the peaceful transfer of power from one administration to another."

The second, was an exclusive report from Washington Post confirming that "The Justice Department is investigating President Donald Trump’s actions as part of its criminal probe of efforts to overturn the 2020 election results." Many have been questioning for months whether that has been the case, even as a number of guests on this program have repeatedly made the case that Garland and the DoJ are, in fact, proceeding exactly as they would expect if such an investigation was under way. The Post story now seems to confirm that.

Moreover, their reporting also includes several enticing new details, such as the fact that DoJ has, as early as April, retrieved phone records from senior officials in Trump World, including his former Chief of Staff Mark Meadows; that the probe is broad and is specifically asking federal grand jury witnesses about Trump's orders to attorneys and staffers and about his White House meetings in December of 2020 and January of 2021; and includes a number of subpoenas that appear to suggest a whole bunch of top Team Trumpers are actively being targeted by the probe in addition to Trump himself.

And today, CNN is reporting that Meadows' deputy, Cassidy Hutchinson --- who offered bombshell testimony recently to the bipartisan U.S. House Select Committee investigating the Jan. 6 insurrection and Trump's attempts to steal the 2020 election --- is now cooperating with federal prosecutors. Additionally, Trump's former Communications Director, Alyssa Farah Griffin, told the news outlet today that she was "aware of other White House officials who have been reached out to by DOJ and are planning to cooperate."

So, yeah, there's some good news for today. But that's not all we have for you.

Earlier this year, we reported in detail on the U.S. Postal Service's outrageous plan to purchase 165,000 much-needed new delivery trucks. But, under the direction of their corrupt Postmaster General Louis DeJoy, appointed during the Trump Administration, a phony economic and environmental study resulted in a deal with a defense contractor that would result in 90% of those vehicles being gas-guzzlers that got just over 8 miles per gallon, while only 10% of the purchase would be for clean, electric vehicles. That, despite our ever-worsening climate emergency and the USPS Inspector General determining that 95% of current routes could, in fact, be handled by EVs.

President Biden has vowed to shift the entire federal fleet to all-electric vehicles by 2035, when he has targeted cutting deadly greenhouse gas emissions by half (on the way to net-zero carbon emissions by 2050). When this corrupt deal came to light, it was opposed by the White House, 16 states and the District of Columbia, as well as a number of environmental groups who filed lawsuits against the quasi-independent government agency.

Well, good(ish) news! Last week, the Postal Service announced they would purchase four times as many EVs as originally planned, increasing the percentage in the new fleet from 10% to 40%.

"The good news is that public pressure is starting to work," our guest today, ADRIAN MARTINEZ, Senior Attorney at Earthjustice, a non-profit environmental law group, tells us. His organization is one of several who filed suit against the Postal Service's original plan to purchase 150,000 gas-powered trucks that would produce roughly the same amount of global warming carbon dioxide as 4.3 million internal combustion passenger vehicles.

Martinez joined us back in February, when he explained the trucks would end up comprising about 30% of the federal government's huge automotive fleet and would burn through "a jaw-dropping 2 to 4 billion gallons of fuel" over their expected 20-year lifetime.

"We still have a lot more work to be done," he says today, responding to the positive news and citing "more than 100,000 emails to the Postal Service" his group helped facilitate. "It's litigation, it's the public correspondence with the Postal Service, and the public pressure working. We've still got a long way to go with them, but it shows you that the more you weigh in, the more you can make progress."

We discuss the scam that has resulted in contractor Oshkosh Defense procuring this contract despite never having manufactured any EVs, and the company's plan to build the USPS trucks at a new non-union facility in South Carolina, instead of their union shop in Wisconsin. We also discuss how it is even possible that DeJoy is still in his post and how new nominees to the USPS Board of Governors may be able to eventually remove him and change the equation on all of this.

"This is a fleet that should be 100% electric," Martinez argues. "We're now seeing shifts in this agency, and what I take is that we need to put even more pressure on the agency to get them where they need to be. This is so many vehicles, and so much oil that we can prevent from being burned, that the stakes are really high."

"Getting everyone to put pressure on this is important," he explains. "This is one of the largest, if not the largest vehicle procurement in history, so we can't get this wrong."

Finally today, in just a bit more good news, President Biden is no longer in isolation from his bout with COVID. After two negative tests, last night and this morning, he looked and sounded much better as he offered his first in-person public remarks in the Rose Garden before heading into the Oval Office for the first time in almost a week. In his remarks, some of which we share today, the 79-year old President credited vaccinations, boosters and anti-viral treatments --- which are now free for all Americans --- for his largely minor symptoms and quick recovery...

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