We'd love to tout all of the encouraging news we have for you on today's BradCast. We have quite a bit of it. Problem is, while we have a lot of it, each story is largely just marginally encouraging in and of itself. Still, these days, we'll take what we can get! [Audio link to full show follows this summary.]

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

• An appeals court in Wisconsin unanimously blocks a wingnut lower court judge's ruling from a few weeks ago that had declared the use of absentee ballot drop boxes to be in violation of state law, despite the many years that they've been in use. Who knew? So, good news that the judge was overturned for now. Bad news that the appellate court order only applies for now to the state's upcoming February primary elections.

• Seemingly encouraging news out of Alabama today --- perhaps the only unqualified good news we've got to share with you all day, in fact! A three-judge federal court panel --- including two Trump appointees --- have rejected the state GOP's newly redistricted U.S. House map, declaring it to be an unlawful racial gerrymander in violation of the federal Voting Rights Act. The court's ruling, if it withstands appeal, would require the Republican-majority state legislature to draw two Black majority districts instead of one. That, in a state with a 27% Black electorate, represented for years by 6 Republican White men and 1 African-American Representative.

• While the U.S. (and EU and NATO) continue their warnings of an "IMMINENT INVASION!" of Ukraine by Russia, Ukrainian officials have a message for the world: Please calm the fuck down! (Though please keep sending those weapons in the mean time.)

• Oh, look! Wingnut radio conspiracy theorist, professional grifter, Donald Trump buddy, and key instigator of the deadly January 6th attack on the U.S. Capitol, Alex Jones, quietly sat down this week for questioning with the U.S. House Select Committee investigating Trump's attempt to steal the 2020 election. That, even though Jones had previous filed a lawsuit to quash his subpoena from the Committee. Apparently, he pleaded the Fifth "almost 100 times" for some reason in the bargain, he says.

• And, speaking of pleading the Fifth, (former?) law professor John Eastman, who wrote the memos detailing a plot for how then Vice President Mike Pence could "legally" steal the election for Trump by refusing to accept lawfully certified 2020 Electoral College votes on January 6th, also chose to avoid self-incrimination in criminal matters by invoking the privilege when he testified recently to the Committee. As of a court hearing on Monday, we now know he did so 146 times! That, according to details proffered during the hearing for a suit in which Eastman is suing his former employer, Chapman University. He is hoping to prevent them from releasing 19,000 of his emails subpoenaed by the House Select Committee and written from his university email address while working for free for Trump (unbeknownst to the non-partisan university, which eventually fired him for doing so.) The judge in the case is reportedly not happy with Eastman, and has ordered him to make a list of which of the 19,000 subpoenaed emails he believes should be withheld from the Committee due to attorney-client privilege.

• Meanwhile, it continues to be a lousy time to be associated with our disgraced, twice-impeached loser of a former President. Even for a coal lobbyist. Democrats in the Virginia state Senate say they are now united in their hopes of blocking the new GOP Governor Glenn Youngkin's nomination of former Trump EPA Administrator (and coal lobbyist!) Andrew Wheeler for the commonwealth's top environmental official. SAD! That, after 150 former EPA employees signed a letter to the state Senators accusing Wheeler of having "pursued an extremist approach, methodically weakening EPA’s ability to protect public health and the environment, instead favoring polluters." (Though because the state Senate Dems haven't yet taken the very rare step of blocking the new Guv's nominee, the news is still to be considered marginally good for the moment.)

• Finally, while it should be very good news that we are sharing our 1,200th Green News Report today --- coincidentally in the same week that The BRAD BLOG is celebrating our 18th birthday --- the fact that we've had to do 1,200 GNRs (instead of saving humanity and the entire planet about 800 episodes ago) makes the good news only marginal as well. As usual, the content of today's report doesn't help much either...though even there, we've got a bit of marginally encouraging news for ya.

You're welcome!...

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IN TODAY'S RADIO REPORT: Chemical pollution threatens stability of the global ecosystem, scientists warn; Escalating tensions between Russia and Ukraine set to roil global energy prices; Shell Oil carbon capture facility emits more greenhouse gases than it captures; PLUS: Automakers call Intel's new $20 billion Ohio manufacturing hub critical to EV production... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Could the world become too warm to hold Winter Olympics?; NJ bans foam packing peanuts; France’s nuclear decline a "threat to Europe"; What ratepayers should know about the Plant Vogtle expansion; 'Nurdles are everywhere': how plastic pellets ravaged a Sri Lankan paradise; Aerial surveys detect dozens of methane super-emitters in Permian Basin; How Biden could close coal plants without CO2 regulations; House panel broadens probe into climate disinformation by Big Oil... PLUS: High court drops 'earthquake' on federal water protections... and much, MUCH more! ...

We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

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We've got a lot to catch up with on today's BradCast, after a weekend lost to recovery from our Moderna booster shots. [Audio link to full show is posted below this summary.]

First up, we discuss how things went following Friday boosters for both Desi and myself. For me, as after the second shot, not so good (though much better than actual COVID!) For Desi...it was pretty much business as usual beyond a bit of fatigue. Either way: Go get your shots! Also, just before air, California announced they are re-instituting a statewide mask mandate for indoor, public spaces amid another surge in COVID cases.

Next, 74 people are now confirmed dead in Kentucky alone, and more than a dozen were killed in four other Midwestern states on Friday night after a swarm of very late season tornadoes devastated an eight-state area, as unusually warm December air met with a cold front. Predictably, a climate change-fueled disaster ensued as the states, particularly Kentucky, now wrestle with mass power and water outages amid freezing temperatures for tens of thousands of residents while trying to sift through rubble and continue recovery efforts. Desi details the extreme weather's known connections to climate change and how (and if) corporate media are bothering to cite the causes for yet another deadly, intense, out-of-season extreme weather event.

Then, also breaking over the weekend, the release of a PowerPoint document called "Election Fraud, Foreign Interference & Options for JAN 6". It was obtained by the U.S. House Select Committee investigating January 6, from Donald Trump's former Chief of Staff Mark Meadows. The document was turned over to the Committee as part of a tranche of email and text message documents from Meadows before he decided he would stop cooperating with them. He will now almost certainly face federal criminal contempt charges, just as Trump's former aide Steve Bannon is now facing for also failing to answer lawful subpoenas from Congress.

This latest "smoking gun" document --- a 38-page version of which was circulated after the election last year, and a very similar 36-page version dated on Jan. 5 --- further cements the details behind the broad criminal conspiracy to steal the 2020 election from Joe Biden and the American people by Donald Trump and his minions. In this case, those cronies include the bulk of his Campaign staff and attorneys, much of his White House staff, members of the Dept. of Justice and a whole bunch of elected officials both in Congress and in the states.

We walk through a number of the evidence-free assertions made in the PowerPoint presentation which, according to Meadows, was to be shared with people "on the Hill" on January 5. Among those assertions, that China and Venezuela had "systematically gained control over our election system constituting a national security emergency," after "electronic voting machines were compromised."

Of course, there is zero evidence included in the document for those extraordinary claims. And those referencing Venezuela are known to be nonsense, since they are directly based on my own exclusive reporting at The BRAD BLOG from 2008 to 2010, which Team Trump subsequently lifted, twisted, mangled and bastardized to somehow support their false, easily-disproven and evidence-free narrative.

As to the "national security emergency" cited by the document, Trump was encouraged to declare one in order to then order ballots collected by the National Guard and U.S. Marshalls in all 50 states, to be counted by them once "invalid" and "fraudulent" ballots were somehow removed. Those same National Guard members, Meadows' documents also assert, according to the House Committee, were also to be tasked to "protect pro Trump people" on January 6 during the attack on the U.S. Capitol after Pence refused to go along with the plan to declare the Electoral College votes invalid. The last effort by Team Trump to steal the election was, as we all know, to hurl thousands of his gullible supporters at the Capitol itself in hopes of preventing the Constitutional certification of Joe Biden's legitimate election victory. The subsequent deadly attack was exactly what Bannon blatantly teased on his "War Room" podcast on January 5th. They were all in on it, including a bunch of members of Congress, as the Jan 6 Committee has recently been suggesting.

We explain much more detail on what is revealed by the ridiculous claims in the PowerPoint presentation on today's program, and how the guy --- retired U.S. Army Colonel Philip Waldron --- who reportedly circulated it among the dupes on the Right, actually met with Meadows at the White House as many as 10 times in the run-up to January 6th.

But the main point is this: Donald Trump and his minions employed a coordinated attempt to steal the 2020 Presidential election. It was not haphazard and it was not just low level operatives. And it was not, as media and many Dems still mis-describe it, an attempt to overturn or reverse or question or subvert the results. It was not an attempt to ferret out "voter fraud" or "election fraud". Donald Trump tried to STEAL the 2020 election and this was the "Rosetta Stone" road map for it. It would help the nation understand how close we came to losing what is left of our democracy entirely if it was described in those simple, basic and absolutely accurate terms.

What do about it? That will, no doubt, be the subject of future programs. But, at least today, hopefully, you will understand what happened and what didn't --- along with what they tried to do, and what they failed to do --- so we can all take action to make sure, somehow, something like this can never happen again...

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It seemed like everything I read before today's BradCast, everything I was pushed toward via social media, everything that I simply happened to stumble upon on my own one way or another, felt like a soundtrack for America's rising authoritarianism. Everything, that is, except for the inspirational words about journalism from Pope Francis. [Audio link to full show follows this summary.]

Among the stories providing today's unmistakably dark drumbeat of America's rising authoritarianism...

• The Pope pays "homage" to journalists and journalism, including this passage that serves us inspiration today: "Your mission is to explain the world, to make it less dark, to make those who live there fear it less and look at others with greater awareness, and also with more confidence. It is not an easy mission. It is difficult to think, meditate, deepen, stop to collect ideas and to study the contexts and precedents of a news item. The risk, you know well, is that of letting oneself be crushed by the news instead of being able to make sense of it." [The full comments in Italian; The Vatican's translation.]

• More disturbing, extreme GOP gerrymandering this week in both Ohio and Georgia (and what we think Democrats should do in response before it's successfully used by Republicans take over the U.S. House majority in 2022 and then steal the American Presidency with it in 2024.)

• Picking up on where we left off at the end of yesterday's BradCast, with the violent death threats against Michigan's Republican Rep. Fred Upton, who dared vote for Joe Biden's non-controversial, bipartisan infrastructure bill. Upton is hardly the only Republican now being turned on by fellow Republicans for voting to improve the nation's roads and bridges. Or, as Georgia's Rep. Marjorie Taylor Greene describes it, a "communist takeover of America". Rep. Anthony Gonzales (R-OH) voted, along with Upton, in favor of Trump's second impeachment earlier this year following the January 6th attack on the U.S. Capitol, incited by the disgraced President as part of his efforts to steal the 2020 election. Gonzales has decided not to run for re-election and explained his thoughts over the weekend on the "political loser" Trump, the mistake his party has made by backing him, and his plans to fight against Trump's re-election in 2024 if he runs. Gonzales' thoughts are worth hearing (so we share some of them), though they also reveal that Gonzales does not have clean hands himself in the ugly, growing divisiveness between Republicans and Democrats. (And between Republicans and other Republicans who are deemed not Trumpy enough.)

• Speaking of which, despite a 93% record of voting with the former President during his four years in office (a higher percentage than Trump apparatchiks Jim Jordan, Elise Stefanik, Paul Gosar or Matt Gaetz), the Wyoming state Republican Central Committee voted over the weekend to no longer recognize conservative Republican Rep. Liz Cheney as a member of their party. Yes, that's how twisted --- and terrifying --- and authoritarian --- the Republican Party has now become. (Can you hear the drumbeat?)

• New details, via a new book from ABC News' Jonathan Karl, on how Trump Campaign attorney, Jenna Ellis, sent a memo with instructions to then Vice-President Mike Pence on the specific steps he needed to take in order to direct several swing-state legislatures and the U.S. House to steal the Presidential election on January 6th.

• Not authoritarian enough for ya yet? It goes all the way down to the ground. The School Board in Spotsylvania County, Virginia, last week, had a debate about whether they should ban certain books from school libraries or whether they should both ban and burn them. Seriously. (Hearing those drums yet?) For now, they voted unanimously to ban them...and to reconsider burning later. They are hardly the only ones on the increasingly hard right to cancel facts and ideas they do not like. Over the summer, Florida's authoritarian Governor and Presidential hopeful Ron DeSantis convinced his appointed State Board of Education to approve a rule banning critical race theory and the use of material from the New York Times' Pulitzer Prize winning "1619 Project" from Florida classrooms.

• While it's still remarkable that Trump has yet to face charges for mass homicide for the hundreds of thousands of Americans he helped to die from the coronavirus last year, more details are now emerging, via the U.S. House Select Subcommittee on the Coronavirus Crisis, about how the Administration purposefully suppressed science and public health guidance from the CDC last year. Amidst the most deadly pandemic in more than 100 years, the Administration, according to testimony and documentation from both current and former public health officials given to the Subcommittee, decisions were made to alter scientific guidance and prevent health officials from communicating directly with the public. They were even given instructions at various points to destroy evidence of their email communications on these matters. Sounds like criminal activity to me. (You still there, Merrick Garland?)

• Finally, taking a break from the drumbeat of rising American authoritarianism, Desi Doyen joins us for our latest Green News Report, as the U.N.'s COP26 climate summit in Glasgow ends in overtime with progress, compromises and disappointments. And President Biden signs his landmark, bipartisan $1.2 trillion infrastructure deal with billions of dollars worth of long-overdue climate-related measures contained within...

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Oddly enough, covering good old fashion primary special election results for the U.S. House feels like a palate cleanser today on The BradCast, with all of the other ongoing nightmares around us. Even a scrappy one between Democrats in Ohio. [Audio link to full show is posted at end of this summary.]

Two vacant U.S. House seats are up for grabs in the Buckeye State. One in a very "red" district (the 15th), vacated by GOP Rep. Steve Stiver for a gig at the Ohio Chamber of Commerce. It will almost certainly stay in Republican hands this November. The other, in the very "blue" 11th Congressional District, comprised of Cleveland and Akron, was vacated by Rep. Marcia Fudge, who became Joe Biden's Secretary of Housing and Urban Development. That one will almost certainly stay in Democratic control this Fall. So, all the action in both races was to win their respective party's nomination on Tuesday.

In the 15th, the Donald Trump-endorsed coal lobbyist Mike Carey, who vows to vote like Ohio's Rep. Jim Jordan, easily topped an 11-candidate field to keep "draining the swamp" in D.C., by filling it up with Republican lobbyists in elected positions. And in the 11th, Cuyahoga County Council member Shontel Brown appears victorious over former Ohio legislator turned Bernie Sanders' backer Nina Turner, in a race that seemed to be Turner's to lose until things got very ugly in the final weeks.

Brown, the centrist, was supported nationally by Hillary Clinton, SC's kingmaker Rep. James Clyburn, and, in the final weeks, both the Israel lobby and the Congressional Black Caucus, which usually doesn't become involved in primary races, particularly between two African-American candidates. Both groups dumped millions into the race on behalf of Brown in the weeks before Election Day. Turner, for her part, was supported nationally by Sanders, Rep. Alexandria Ocasio-Cortez and other well-known progressives, including many in the CBC. But, according to Turner in her concession speech Tuesday night, it was "evil money" from outside groups that turned the tide against her. To be fair, Turner's own words and actions were turned against her in TV ads, highlighting some pretty ugly attacks she had made against the Democratic Party and even its standard bearer Joe Biden during the 2020 primaries. Nonetheless, it does appear to have been establishment money that ultimately tipped the scales against Turner.

We're joined today once again by longtime progressive champion and journalist JOHN NICHOLS, Washington Correspondent at The Nation, to break down what the results on Tuesday night mean --- or don't --- for Democrats and the feisty progressive movement hoping to challenge the Party establishment.

Nichols sees the local party machine as having made the ultimate difference for Brown, who chaired the Cuyahoga County Dems. He says the local party has "real strength," adding: "I do think that there was a tremendous amount of pressure brought on that race that focused a lot of attention on things that Nina Turner had said in the past about Joe Biden, about some other Democrats, and she was portrayed as being somebody who wouldn't be loyal enough to the Democratic Party or to Democratic organization."

But "there are always battles for the soul of political parties," he observers. "This goes back 75-80 years, this battle between progressives and centrists, between those who want the party to be transformational, and those who want it to be managerial.  Similarly, there have been such battles in the Republican Party over the years, going back definitely to the days of Joe McCarthy, Barry Goldwater, Ronald Reagan, a fight between the further right and moderates."

"What I'm telling you is, this is politics," he says.

We also discuss the big money in the 11th District race and the pathetically low voter turnout --- less than 17%, which both media and the Cuyahoga County Board of Elections described as "higher than expected"(!) --- as factors in Tuesday's primary and what all of it means, if anything, for the Party moving forward.

Also today, in a second segment with Nichols, we discuss the "Death Cult" that is now the GOP, as Florida Gov. Ron DeSantis --- even as his state is https://www.reuters.com/...rnor-2021-08-02/smashing all-time pandemic records for both infections and hospitalizations --- actually issued an Executive Order just last week barring schools from requiring face coverings as the school year begins in a matter of weeks. That, even while GOP denialism and the Delta variant of the coronavirus have helped the Sunshine State to lead the nation right now in per capita COVID infections.

As Nichols reports at The Nation this week, DeSantis is hardly the only one in his party putting constituents at risk with mad, anti-science positioning in hopes of becoming the next Donald Trump, or even his 2024 running-mate. But, Nichols explains, while "DeSantis has fully taken in this authoritarian rightwing approach," there are signs that his "really destructive approach" to governing may be backfiring as he faces re-election in 2022. He cites new statewide polling showing that potential Democratic opponents to the Governor "are suddenly either ahead of him or essentially tied with him." Apparently independent voters in the state aren't all that keen on "death by DeSantis".

We also discuss the potentially "transformational" infrastructure, jobs and health care package that Biden and the Democrats are --- against all odds --- still on track to pass this year via a $1 trillion bipartisan bill and a $3.5 trillion Democratic-only bill paired with it, that both establishment and progressive Dems hope to hammer out and push through with a simple majority vote. Does Nichols believe this remarkable achievement will be possible in the end? Tune in to find out.

Finally, while many elected Republicans are falling over themselves to kill their own constituents as quickly as possible by pushing against mask and vaccine mandates and science itself, one Republican Governor --- who had played along for a while, earlier this year --- now has regrets...

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There is nothing wrong with citizens --- no matter how partisan or misinformed --- demanding to know for themselves that election results have been accurately recorded and reported. That's true even in cases where they have been blatantly lied to by, say, a disgraced, failed President of the United States. But post-election audits must be done in full public view from top to bottom, with all processes and evidence from the election kept within a transparent, well-documented, secure chain-of-custody at every step. Two ongoing post-election audits from the 2020 election are currently underway. One offers an example of exactly how not to do such a probe, the other one is shaping up to be a model for the nation.

Among the stories covered on today's BradCast [Audio link to show follows this summary]...

• Ohio Gov. Mike DeWine's scheme to hold a $1 million lottery each week for the next five weeks for any Buckeye Stater 18 and over who has received at least one COVID vaccine shot, appears to be working. While we've got a few suggestions on how it could have been done more effectively, at least it appears to have slowed and even reversed (for some ages) the state's recent drop-off in the number of folks getting their shots. As it turns out, Ohioans seem to like DeWine's plan to offer federal government-sponsored cash prizes (yes, socialism!) courtesy of the America Rescue Plan in exchange for receiving life-saving inoculation from a deadly disease. More states should consider the same and the federal government oughta just pay people to get their shots! We suspect a crisp $100 bill in exchange for a shot in the arm would do the trick. (By the way, Ohioans need to opt-in for the lottery, at OhioVaxAMillion.com, to be eligible for the prizes!)

• Another direct benefit for Americans from the American Rescue Plan (Biden's emergency pandemic relief and stimulus bill adopted by Democrats while being VOTED DOWN BY EVERY SINGLE REPUBLICAN IN CONGRESS), is the expanded child tax credits which will, beginning in July, send monthly checks of $300 per child under 6, and $250 for kids between 6 and 17, to parents making less than $150,000 over the next year. If Americans liked the Democrats' $1,400 individual payments from the ARP, they may love its expanded child tax credits which start this summer. Experts say the payments are likely to help cut child poverty in half this year. Hopefully, Dems will remember to loudly remind Americans of all parties which party it was that made those payments possible, and which party attempted to prevent them. Democrats are not usually very good at that. And hopefully they'll be able to extend those payments through at least 2025 as Biden has proposed in his American Families Plan --- which Republicans also oppose.

• Then it's back to the clown show "audit" theater in Maricopa County, Arizona, where the county's 2.1 million public ballots from the 2020 Presidential and Senatorial elections last year are being inspected, in secret, by a private company with no experience in elections, voting systems or audits named Cyber Ninjas. Now, it seems, the Ninjas and a number of their allegedly false claims made about the materials turned over to them by the County (as ordered by a state court in response to the Republican-controlled state Senate's mandate) were the final straw for the majority GOP Maricopa County Board of Supervisors and its new Republican County Recorder.

  On Monday, the 5-person Board (4 Rs, 1 D), denounced the audit as a "sham" and a "con," lamenting the "spectacle" that they say "is harming all of us" and turning Arizona into "a laughingstock". The new Republican County Recorder, Steven Richer, now in charge of elections in one of the nation's largest counties, blasted the Ninjas for what he describes as blatantly false claims that election databases were unlawfully deleted and for ensuring attacks on his new staff. The Board also sent a blistering 13-page letter [PDF] to the state Senate's President detailing their anger, frustration and embarrassment, calling for the audit to be ended, while responding to charges they claim to be lies coming out of process. The Maricopa "audit" is now in it's third week in Phoenix, but reportedly nowhere near complete.

• Meanwhile, by way of a critical contrast, another post-election forensic audit is underway in Windham, New Hampshire, led by actual experts in post-election audits and voting systems. Unlike the evidence-free claims of fraud in AZ, there is reason to be alarmed by the results of a state House of Representatives race in the town of 14,000 people. There, on election night last November, in an 8-person race (4 Ds and 4 Rs) for 4 seats in the state House, all four Republican candidates won. According to the computer tabulations, they were the four top vote-getters for those seats, with the Democratic candidate, Kristi St. Laurent, coming in 5th by just 24 votes.

  Last November, after she requested a hand-count of the town's hand-marked paper ballots --- previously tallied only by 20-year old, easily manipulated, oft-failed Diebold optical scanners --- it was discovered that the 4 Republicans actually received about 300 more votes each than the tabulators had reported on Election Night. And St. Laurent, the hand-tally found, actually received 99 fewer votes than initially credited with. So what explains the discrepancy between the computer count and the hand count? That's what the auditors began to investigate last week in one of the most open, professional, well-documented and transparent such processes I've ever seen in my nearly twenty years on this beat.

  This week, the auditors explained --- via the live streaming audio and video coming out of the audit room, their own Twitter feed, as well as in interviews with local media --- their leading working theory that could explain the numbers seen one way (incorrectly) by the computer scanners and another way (correctly) by the hand-counters last November. Their working theory, if it bears out, would explain the disparity between the two separate tallies last November. We explain that theory today. And, no, unlike our disgraced former President's recent false claims about both Arizona and New Hampshire, the reasonable hypothesis does not involve "massive election fraud" with "thousands and thousands" of newly "found" ballots. It involves the scanners misreading folds on mail-in ballots as votes.

  But, of course, most critically, the side-by-side comparison of the clown show "audit" theater in Maricopa, which the public (and even local officials) are not allowed to fully oversee, versus the methodical, transparent, public process being carried out in Windham, should be an illustrative model for all future such probes. In the case of Windham, we are likely to have an answer to the mystery that everyone can agree with when all is said and done in the next few weeks. In Maricopa, I think its safe to say, little is expected to be settled one way or another after this ill-considered exercise is finally finished...if it ever is.

• Finally today, Desi Doyen joins us for our latest Green News Report, as calls grow for increased cybersecurity for the nation's energy infrastructure in the wake of last week's Colonial Pipeline ransomware attack; another pipeline company defies a shutdown order from a state Governor; and the EPA finally shuts down --- at least for now --- a disastrous, toxic mess of an oil refinery in the U.S. Virgin Islands...among other American disaster tales hastening our worsening climate crisis...

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We barely made it for today's BradCast, after a nightmarish computer crash. So, if today's show is an odd, disjointed mess that makes no sense at all, feel free to blame Microsoft. But if it's great, I'll take all the credit! [Audio link to full show is posted below summary.]

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

• Huge news today from the CDC! "This is a great day for America," President Joe Biden proclaimed in the Rose Garden, after his mask free meeting with vaccinated Republicans in the Oval. The fully vaccinated may now take off their masks in most places both indoors and out, and end social distancing protocols, according to the CDC's surprise announcement. There are a few caveats, as we discuss, and, of course, even though this weekend marks two weeks since the second COVID shot for Desi and me (and the "fully vaccinated" status that comes with it), we've still got a few reservations.

• Even the friends on Fox and Friends admit they are all vaxxed up now! But even that hasn't kept them from continuing to pump disinformation about vaccines into the veins and brains of their horrifically misinformed viewers.

• The quest continues to get shots into arms of the hesitant --- many of whom not-coincidentally-at-all happen to be Republican male and Fox "News" viewers. Some GOP state Governors are now coming up with clever incentives. West Virginia's Jim Justice is offering $100 savings bonds to residents age 16 to 35 who get their shots. Ohio's Mike DeWine announced on Wednesday that vaxxed up Buckeye Staters will be eligible to win 1 million dollars in a lottery, five weeks in a row! (But why not 10 winners each week of $100,000? We discuss.) In both cases, the payoffs are coming courtesy of the federal government, via Joe Biden and the Democrats' American Rescue Plan, which no Republicans voted for. But it's nice to see Republican Governors enticing their residents with "socialist" cash prizes!

• And then there's Georgia's embarrassing Republican Rep. Marjorie Taylor Greene who "aggressively confronted" New York's Democratic Rep. Alexandria Ocasio-Cortez on Wednesday night in the halls of Congress. She followed her, stalked her, and called her a "terrorist" and a "chicken" for refusing, apparently, to debate her about...whatever. It was some top-notch 5th grade level bullying, but nothing new for the loathsome Greene. Her caucus, apparently, has no problem with her behavior, even as they voted this week to remove Rep. Liz Cheney from her leadership position because she refuses to participate in the Big Lie about a stolen election and believes Donald Trump should be held accountable for inciting an insurrection on the U.S. Capitol.

• And, yes, it was an insurrection, despite the attempts by House GOPers in recent days to pretend that it was not. (Here's some fresh video evidence if you need it.)

• Speaking of accountability (or lack thereof), Politico offers a fascinating scoop today --- for some reason --- regarding extradition statutes in two different states in the event that, for example, someone who is staying at a resort in Palm Beach, Florida or Bedminster, New Jersey finds themselves criminally indicted by a District Attorney from Manhattan within the next few months. Hmmm....

• And, speaking of a bit more accountability --- let's say, at the federal level --- on Wednesday night, the U.S. House Judiciary Committee struck a court-approved deal with the U.S. Dept. of Justice for Donald Trump's White House Counsel Don McGahn to finally answer his 2019 subpoena to testify about his starring role in the 448-page report [PDF] issued by Special Counsel Robert Mueller concerning at least 10 documented instances of apparent criminal obstruction by the disgraced former President. No extradition charges are needed for federal indictments...unless the perp flees the country.

• Finally, Desi Doyen joins us for our latest Green News Report as the Colonial Pipeline restarts after a ransomware attack shut down the nation's largest pipeline network (and, yes, as I asserted in the GNR, we learned later today the company did pay a ransom to the hackers!); as gas hording Americans on the Eastern Seaboard have been panic-buying; as the Biden Administration greenlights the first major offshore wind farm in the U.S.; and as Tesla dumps Bitcoin due to its massive carbon footprint...

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On today's BradCast: We've got a lot of news to catch you up on from over the weekend --- and from today alone --- before we open the phones to listeners to ring in on Joe Biden's first 100 days in office. [Audio link to full show is posted below.]

First up, today's news...

• Over the weekend, Biden officially declared the killing of 1.5 million Armenians by the Ottoman Empire beginning in 1916 to have been a "genocide". U.S. Presidents from both parties have declined to do so for decades, largely out of deference to Turkey, now a major NATO ally. Biden just went ahead and did it, after declaring his intention the day before to the Turkish President. Yes, it's a 100 year old story, in one respect, but not to the Armenian community which has sought such a declaration on the atrocity from a sitting U.S. President for years.

• The U.S. Supreme Court announced on Monday that it would take up an NRA-backed case next term on the Constitutionality of the right to carry weapons outside of the home, a direct challenge to a century-old New York gun law. Similar statutes are on the books in a number of other states, including Maryland and Massachusetts. Given the news we discussed on last Friday's BradCast about the appalling 6 to 3 opinion issued by the GOP's stolen and packed SCOTUS last week --- and, in lieu of Democrats figuring out how to reform the Court to expand and unpack it --- today's news likely comes as a foreboding sign for gun safety advocates.

• The U.S. Dept. of Justice on Monday announced a sweeping new "patterns and practice" probe of policing by the Louisville-Jefferson County Metro Government and Louisville Metro Police Department in Kentucky, following the middle-of-the-night 2020 police killing of 26-year old Breonna Taylor in her own home during a no-knock raid. The warrant was approved as part of a narcotics investigation which turned up no drugs and for which the City of Louisville has already agreed to a $12 million settlement after the police killing of the African-American emergency medical technician last year.

• The Biden Administration is announcing the launch of an historic $12 billion summer food program to feed lunch to more than 30 million low-income children, as part of the recently passed $1.9 trillion American Rescue Plan. The USDA plan, according to experts who study childhood hunger, will go a long way towards feeding children who face food insecurity during summer months, when free school lunches are not available. The initiative comes on the heels of not only a hunger crisis amid the COVID pandemic, but after years of cutbacks to the Supplemental Nutrition Assistance Program (SNAP) and other programs to combat hunger by the Trump Administration. Another upside: Money spent on SNAP goes directly into local economies.

• In news that broke just before airtime today, the U.S. Census Bureau released its first tranche of new numbers from the 2020 decennial survey revealing that Texas, Florida, North Carolina, Colorado, Montana and Oregon will each pick up Congressional seats in the once-a-decade redistricting process before the 2021 mid-term elections. New York, Ohio and, for the first time in its 170 years of statehood, California, would each lose a seat in the U.S. House. In fact, Texas is picking up two seats, while it, Florida and North Carolina have redistricting processes that are entirely controlled by Republicans, allowing them to gerrymander their states even further than they already are. Many of the Dem-controlled states picking up seats have processes in place that share power with Republicans for redistricting, or have a process controlled by independent commissions to determine new maps.

• In some news that broke during today's show, California officials have announced that Republicans hoping to unseat the state's Democratic Governor Gavin Newsom in a recall election, have obtained the requisite number of verified signatures needed to hold the recall election for the first-term Governor this fall. More on that story, undoubtedly, in the days ahead.

• And lastly, before we turn to callers ringing in on Biden's first 100 days, a word about the unusual, ongoing post-election hand-count in Maricopa County (Phoenix), Arizona, where the Republican-controlled state Senate is using tax-payer money to pay a private company named Cyber Ninjas, run by a Trump-supporting IT expert with no experience in elections, to recount the County's 2.1 million ballots from the 2020 election. The count is examining only the results of last year's Presidential race, reportedly won by Biden, and the U.S. Senate race, won by Democrat Mark Kelly. In both cases, it was the first time in decades for Democratic victories. While we are normally in favor of any and all attempts by citizens to oversee the results of their own elections, the Maricopa count is disturbing on several levels.

  For one, it is being paid for by tax-payer dollars, but run by a Trump supporter who, in addition to having no knowledge of elections or election technology, has a record of promoting demonstrably false claims about the election having been stolen by election system vendors, a number of communist counties, and allies of Joe Biden. The company heading up the count is also not using accepted hand-count practices established by the state. And they also refuses to disclose the amount or additional sources of dark money funding that it is receiving to carry out the hand tally. Moreover --- and most disturbing as of now --- is the fact that the tax-payer funded organizers are barring both media and the general public from overseeing the examination of the ballots from the 2020 election (which should, theoretically be protected and remain in state custody, under federal law, for 22 months.)

  I am in close touch with some of the folks who are working as observers on the count --- the ones with actual experience in post-election audits and recounts, unlike the Republicans in charge of this scheme --- and hope to have more information for you on this in the days ahead. There is no rush, apparently. At the rate of counting being carried out by the paid-for counters --- who not only counting, but examining ballots for signs of fraud --- it could take about 15 months to tally all of the ballots, according to one experienced election integrity advocate closing tracking the process.

• Finally today, in advance of President Biden's first address to a joint a session of Congress on Wednesday night, his 99th day in office, media are rounding up their various assessments of the Administration's first 100 days and grading the President on his performance to date. It seems his bold actions have taken many in both the media and public --- who had previously regarded old Joe as an establishment, institutionalist centrist --- by surprise. We open up the phones to callers to do a bit of the same temperature taking today, to find surprisingly positive reviews for the new President from our usually somewhat cynical and progressive listener base here in Southern California (and, in Minneapolis, Chicago and elsewhere today.)

Enjoy!...

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We have several fairly stunning plot twists to try and make sense of on today's BradCast, as Democrats hit a potential legislative jackpot in the U.S. Senate and Republicans pretend to turn against big business while actually turning against small government. [Audio link to the full show follows the summary below.]

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

• President Biden moves up the date for vaccine eligibility to all Americans by two weeks, announcing that everyone in the U.S., 16 and older, will be eligible to sign up for COVID-19 shots by April 19th. That, as the race against new, deadlier variants --- and the premature easing of safety restrictions --- continues.

• Florida's civil rights champion and 15-term Democratic Congressman Alcee Hastings passes away at age 84 after a battle with pancreatic cancer, further narrowing, for now, the Democrats' already-narrow majority in the U.S. House. That, as...

• Huge new legislative possibilities were opened for Democrats by the Senate Parliamentarian on Monday night. As we briefly explained last week (and in more detail on today's show), an obscure provision in the Budget Act of 1974 will allow Dems to "revise" their Budget Reconciliation bills, allowing them to pass new measures under arcane Senate rules that permit certain budget-related measures to be adopted by a simple majority vote. Democrats already knew they had two opportunities to do that this year --- and avoid the GOP filibuster against all of their proposals --- with budgets for fiscal year 2021 (since Republicans failed to pass one last year when they had control of the upper chamber) and for fiscal year 2022. Biden's COVID relief and stimulus bill, the $1.9 trillion American Rescue Plan, was adopted under the FY 2021 budget reconciliation provision and his $2.25 trillion infrastructure, jobs and climate proposal, the American Jobs Plan, was previously targeted for passage under FY 2022's budget reconciliation. But, after inquiry by Senate Majority Leader Chuck Schumer as to whether a little-known or used provision of the Budget Act would allow more such bills to be adopted as "revisions" to both of those budget reconciliation packages, the Senate Parliamentarian has reportedly given her okay. That means that the American Jobs Plan can be adopted as a "revision" to the 2021 budget, and a previously unimagined set of possibilities has suddenly emerged for the 2022 plan or even additional revisions to 2021. There are some caveats --- as we discuss --- but, as wonky as all of it sounds, it is wildly good news for Democrats.

• That good news for Dems is, of course, more bad news for a Republican Party drifting farther and farther away from both reality and their own supposedly long-held governing values --- at least the ones they pretended to have. Each passing day makes it clear that the GOP is adrift without any actual legislative agenda or principles at all. Senate Minority Leader Mitch McConnell, who has long championed unlimited (and even undisclosed) corporate money in elections and politics, issued a statement on Monday pretending to be outraged by dozens of corporations speaking out democracy and against the voter suppression bill adopted by Republicans in Georgia last week.

• But while Repubs in D.C. are trying on their new, "populist", "anti-corporate" costumes for a post-Trump era, GOPers in state legislatures across the country are still snuggling up with huge corporate interests in the fossil fuel industry to adopt legislation at the state level making it illegal for local towns and cities to ban the use of fossil fuels. Georgia is just the latest of dozens of states where this is happening right now. Among the states where efforts exactly like this are underway or already in place: Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana Mississippi, Missouri, North Carolina, Ohio, Oklahoma, Pennsylvania, Texas, and Utah

  And, if you're keeping score at home, that means the adrift Republican Party now claims to oppose corporate free expression in politics (they don't really) and are against local government decision making (they always have been, at least when small, local governments disagree with the GOP's corporate paymasters). Told you everything was twisted today! Or, as Desi Doyen smartly observes at one point: "It's not logical. It's political."

• Finally, Desi's got our latest Green News Report, as failing infrastructure near Tampa, Florida is posing a huge, toxic crisis to local residents and wildlife; the Biden Administration pushes back against Republicans who pretend they don't know what infrastructure is; troubling new confirmation of climate change in Japan; and some very good news for a town with very bad air in Massachusetts...

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It's a bit of a grab bag on today's BradCast, but one that will hopefully keep you well prepared for your next conversation with any of your still brain-poisoned wingnut friends, family and coworkers.[Audio link to full show is posted below summary.]

Included in our grab bag of coverage today...

• Ohio's Republican Attorney General Dave Yost is suing the Biden Administration because the $350 billion that the Democratic COVID relief bill (the American Rescue Plan) allocates to help all 50 states overcome a revenue cash crunch includes a provision that prevents states from using that free federal money to finance state tax cuts.

• Of course, Ohio could also just refuse to take the $5.5 billion earmarked for them in the federal legislation, which not a single Republican voted for in the U.S. House or Senate, often describing it as a "blue state bailout". But, because we believe in facts around here...As detailed in a new report this week from the financial website WalletHub, Ohio's Republican-majority state government ranks 16th among those most dependent on the federal Government. In fact, the site's latest annual analysis finds that 11 of the top 12 states most dependent on D.C. are all controlled by Republicans, while 12 of the 14 least dependent are run by Democrats. In other words, "blue" state taxpayer dollars continue to be a perpetual "red" state bailout.

• With the election of Joe Biden and two Democratic U.S. Senators in Arizona (the 7th most dependent on federal dollars), the state is finally trending "blue", even as Republicans still hold control of the state legislature and governor's mansion. But turning "purple" is only leading the state Republican Party to lurch farther and farther to the right under the embarrassing --- and now costly --- leadership of AZ GOP Chair Kelli Ward. This week, a state judge ordered the Party to pay $18,000 in costs and attorneys fees to the state's Democratic Secretary of State after a frivolous lawsuit sought to force another post-2020 election audit in Maricopa County (Phoenix). The "bad faith" and "groundless" GOP suit, as the judge noticed in his sanctions order describing the effort as "gaslighting," failed to recognize that the County had already run a post-election hand-counted ballot audit, finding no fraud or inaccuracies in its Dominion Voting System tabulators.

• For good measure, in late January, the Maricopa County Board of Supervisors commissioned another audit, this one examining voting system equipment and source code, searching for malicious software or hardware on the systems used in November, checking for evidence of inappropriate network or Internet connectivity issues and rechecking the accuracy of the tabulation system itself against millions of actual votes cast last year. In all cases, according to the two separate, independent, federally accredited voting system test labs commissioned to carry out the audit, "No Issues" were discovered across the board.

• Despite the clean bill of health from those post-election audits and the failed, evidence-free lawsuits to try and overturn Biden's win in the Grand Canyon State, Republican lawmakers in the state legislature continue to move dozens of voter suppression bills forward in hopes of, at the very least, undercutting the state's very popular mail voting system, as used by 80 percent of voters (Republican and Democratic alike) even before the COVID pandemic. One such measure would both add onerous ID requirements to mail-in ballots and require that absentee ballots be postmarked by the Thursday before Election Day!

• The efforts in Arizona are, of course, being echoed by Republicans in statehouses all across the country of late, with more than 250 voter suppression bills introduced in more than 40 states so far this year. All of which share the hope of making it harder for (certain) voters to cast ballots at all. The GOP has been hard at work at this sort of suppression for some time, though they are doubling and tripling down since the 2020 contest. All of which has echoes for folk singer/song writer MATT SIRCELY, whose new Back of the Line tune harkens back to the voting lines in Ohio in 2004, the lines of protesters marching across the Edmund Pettus Bridge on Bloody Sunday in Selma, Alabama in 1965, and the bread lines of the Great Depression. If Matt thought that thanking me for inspiration on this song would lead us to play it on the show...he is correct!

• Finally, we close with Desi Doyen and our latest Green News Report, as extreme weather slams the North, South and West; as corporate media coverage of climate change fell over a cliff with the COVID pandemic last year; and as a top Texas utility regulator gets fired after being caught on tape helping to rig the system for corporate investors over Lone Star State rate-payers...

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On today's BradCast: While Team Trump spent months pretending the Dominion Voting Systems company stole votes from Trump and flipped them to Biden with their computerized voting and tabulation systems, there is exactly zero independently verifiable evidence to support that baseless conclusion. At the same time, however, recently unearthed documents from the state of Texas and the U.S. Election Assistance Commission (EAC), reveal a gaping security hole in new systems made by the largest voting system company in the nation, Election Systems and Software, Inc. (better known as ES&S), which has systems deployed in dozens of states. [Audio link to full show is posted below summary.]

But, first up today, some annoying (if long overdue) news that Donald Trump finally made it clear(ish), during a Tuesday interview on Fox "News", that he recommends his own supporters should, indeed, get vaccinated against COVID. He cites the "great" and "safe" vaccines that are now available, describing them as "something that works" to prevent the deadly disease. We hope his supporters listen, since they are currently the most disinclined to want to get vaccinated.

Next, some long overdue encouraging news on the Senate legislative filibuster. In a Tuesday interview with ABC News, President Biden --- a longtime Senate institutionalist previously opposed to filibuster reform --- said he now favors it being overhauled. He says he supports a modification to bring back the "talking filibuster", where obstructionists are forced to hold the floor and keep speaking until they can't anymore. That would place the onus on the minority hoping to block legislation, rather than forcing Democrats, in this case, to try and find 60 votes to pass anything at all. Republican Minority Leader Mitch McConnell, who had no problem unilaterally killing the filibuster entirely to steal and pack Trump nominees onto the U.S. Supreme Court, now vows to grind the Senate to a halt if Dems dare change the legislative filibuster. But, of course, McConnell has already done that with his unprecedented use of the legislative filibuster to block everything! We discuss.

Then, on to our main story today. Shortly after the November election last year, Donald Trump and his gaggle of dopey friends and clueless, corrupt attorneys hatched an evidence-free conspiracy theory that Canadian-based Dominion Voting Systems had participated in an elaborate plot to secretly flip votes and steal the election for Biden. (The theory was based in part on my accurate, deep-dive exclusive investigative reporting from 2010, regarding some voting system vendors --- though not Dominion --- who then had ties to Venezuela and its then living President, Hugo Chavez. Team Trump bastardized that reporting to pretend it had something to do with their dumb theory that Dominion stole the 2020 election from Trump.) Dominion has since sued Team Trumpers Rudy Giuliani, Sidney Powell, and MyPillow CEO Mike Lindell for defamation, slapping them with suits for $1.3 billion each. Last week, news out of Stark County, Ohio and out of Louisiana proved that Dominion is, in fact, being financially harmed by the fraudulent "fraud" plot used to try and discredit them.

But the nation's largest voting machine company, ES&S --- with a years-long, thuggish reputation according to elections insiders, along with a long history of failed elections on their crappy, computerized voting and tabulation systems --- largely escaped scrutiny by Republicans after last November's election. But they shouldn't have, given the disturbing, well-supported, deep-dive exclusive that election integrity advocate and Twitter phenom JENNIFER COHN broke last week at Who, What, Why. She joins us today to explain both her well-sourced report and its far-reaching ramifications.

As it turns out, she reports, there is a flaw in ES&S' installation process that prevents "hash-verification" when software is installed or patched onto their ExpressVote touchscreen voting systems. What that means, in layman's terms, is that its impossible to know if the software installed onto the systems actually matches the certified version of the software that was tested by federal testing authorities under the purview of the U.S. Elections Assistance Commission.

This gaping hole --- discovered by the state of Texas in advance of last November's election --- means that untested, modified software, perhaps containing malware, could potentially have been installed onto ES&S' systems in more than a dozen states last year. Even more maddening is that ES&S was well aware of this flaw, but told elections officials (if they happened to notice the failed hash test) that it was nothing to worry about, nothing to see here, everything is fine --- just trust us.

"The strong implication from the documents which were produced is that [ES&S was] telling them that a mismatch should just be treated as a match," Cohn tells me. "That blanket instruction really concerned the Texas examiners when they found out this was happening."

More maddening still, as Cohn reports, is that ES&S forces jurisdictions to allow their own employees or contractors to do these installations, rather than allowing jurisdictions to do so themselves, which might allow local or state officials to do their own hash-verification (or "acceptance testing", as it is known by some in the industry). Some jurisdictions that refuse to allow ES&S to do the installation will have their warrantees void by the company. As one former voting system employee tweeted in response to all of this, it is "like buying a new home and before the closing the seller says, 'You don't need a final walk-through. Just trust me."

"Normally, the customer is supposed to do it. The whole point of it is to make sure that the vendor is being honest and they're not giving malicious vote-flipping software. So to have the vendor do the hash testing themselves defeats the whole point," Cohn explains. "One of the examiners called it 'the fox guarding the henhouse', and said it was ES&S self-certifying their systems. Even the attorneys for the Texas Secretary of state were appalled."

Cohn's reporting at Who, What, Why is based on a passel of documents obtained via public records requests that reveal, for example, a troubled Texas election examiner complaining via email to their Secretary of State's attorney that this security flaw is "a gift wrapped opportunity to an insider threat," before going on to add: "It’s similar to a bank robber knowing that the camera covering teller #3 is broken."

In addition to Texas, ES&S systems used last year in Alabama, Arkansas, Arizona, Washington, DC, Florida, Iowa, Idaho, Indiana, Kansas, Kentucky, Maryland, Michigan, Missouri, Ohio, Tennessee, Washington state, Wisconsin and Wyoming may all have been similarly vulnerable to running modified, vulnerable and uncertified software during the election, as Cohn details in her report, explaining today that it could be as many as 35 states.

And, as if all of that is not yet maddening enough, she also reports on the disturbing reaction from the EAC to this gaping security hole. The federal agency which is supposed to oversee voting system certification, apparently knew about this issue prior to the election, but failed to inform the public and quietly helped patch it all over for ES&S before, essentially, lying about it all once Cohn started asking questions in February. The EAC, as we have reported at The BRAD BLOG for years, has a long and troubling history of protecting private voting system vendors rather than the voters they are supposed to be watching out for.

When the EAC learned about it, Cohn says, they were "in kind of a panic, I think, because if it had leaked out, they couldn't honestly say they knew what had been installed in those states was what it was supposed to be."

So, is any of this related to why Team Trump focused their phony, evidence-free complaints almost exclusively on Dominion, while ignoring well-documented problems with ES&S almost entirely? We discuss that and much more with Cohn on today's --- yes --- maddening BradCast, where she also notes that, despite Texas officials being as troubled as they were by all of this, "I don't think that anybody ever said, 'Why don't we use pens? They don't require hash testing.'"...

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I've got to be quick about this today, as polls are now closing on the nightmarish hellscape that is Election Day 2020. But, on today's BradCast, we cover some of the reported problems voters had around the country on Tuesday, thanks to failed voting systems in battleground states such as Georgia, Pennsylvania, Ohio and Texas. [Audio link to show follows below.]

Happily --- perhaps due to so many voters having already voted during Early Voting or by-mail --- there were far fewer problem reports today than in recent Presidential elections. At least as of air time. Frequently, problems don't reveal themselves until later. But, for now, we focus on a few places where voting systems went down entirely, preventing voters from voting in those states.

In almost every case it was related to the failure of electronic pollbooks made by a company named KNOWiNK, which produce the devices called "Poll Pads". Those systems seem to be behind the countywide shutdown of voting for the first several hours of Election Day in Spalding County, GA and in Morgan County, GA. Despite months of warnings from voting systems experts --- and a federal court order --- and the systems failing during the state's June primaries --- Sec. of State Brad Raffensperger did not make sure that backup paper pollbooks were in place. That meant that voters in Spalding could not vote at all for hours on Election Day. In Morgan, election officials were a bit more prepared, it seems. They were able to keep the process going, even if lines were a bit longer than hoped.

Similarly, when the Poll Pads failed in Ohio's Franklin County (Columbus), officials had backup paper pollbooks on hand, as ordered by Ohio Sec. of State Frank LaRose.

Early reports, overall, were that voting went largely smoothly in Philadelphia, in the battleground state of Pennsylvania that both Joe Biden and Donald Trump consider to be critical for their respective hopes of a victory.

But down in Texas, which is now also a battleground state, problems with the e-pollbooks in Upshur County prevented precincts from opening for several hours on Tuesday morning. That could not only affect the Presidential race, but the contest against loony incumbent Republican Rep. Louie Gohmert by Democrat Hank Gilbert in the state's 1st Congressional District. He spent hours in court today, helping to extend polling hours to try and make up for the early morning vote system failure.

Also in Texas, overnight, the far-right 5th U.S. Circuit Court of Appeals upheld a lower far-right lower court judge's ruling that dismissed a challenge to Harris County (Houston)'s ingenious drive-thru polling places, meant to help voters stay safe during the pandemic. The Republican plaintiffs in that case are hoping to reject more than 127,000 legal votes cast from cars in the state's largest county, a Democratic stronghold in the previously very "red" state.

MANY more details on ALL of the above and more on today's show, which closes with Desi Doyen and our latest Green News Report on the record-setting Hurricane Eta, now smashing into Nicaragua and possibly headed our way, and the stakes for humanity and the planet itself in today's Presidential Election....as the world anxiously watches and waits along with us...

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On today's BradCast: A long-awaited ruling in the federal case challenging Georgia's new, unverifiable, already-failed $100+ million touchscreen vote systems --- which failed again on day one of early voting today in the Peach State. Also, my escape from "Twitter Jail" and the California GOP deploys fraudulent mail-in drop-boxes across the state. [Audio link to show follows below.]

We start today by avoiding, for now, the first day of the illegitimate confirmation hearings in the U.S. Senate for Supreme Court nominee Amy Coney Barrett. Instead, we offer some exclusive news that is not being reported elsewhere on two fronts, both related to Georgia's disastrous new voting system. First up, an explanation --- or, a conclusion for now --- to the saga that resulted in my 4 days suspension on Twitter beginning late last week, for the crime of posting a completely accurate tweet about two weeks ago, reporting that GA's Secretary of State informed elections officials in all 159 counties to immediately halt pre-election testing of their new touchscreen voting systems, due to an error that prevented candidates in one of Georgia's two U.S. Senate elections this year from appearing on screen for voters. The error, as I noted in my infamous (and accurate) tweet, would eventually require all new software for the November elections. In fact, as the federal ruling we discuss today reveals, the state installed all new, uncertified software on all 34,000 of the new voting machines just days ago, in violation of state law. You can read the full saga, with links to the federal court filings proving the accuracy of the tweet, and why I eventually relented and deleted it right here.

As Georgia began its first day of early voting on Monday, sure enough, the vote system I was warning about in that tweet failed, leading to six-hour lines to vote in some places. But the long-running federal court case whose emergency filings revealed the serious problem I was tweeting, finally came to a conclusion --- of sorts, at least for now --- late on Sunday night. That is when U.S. District Judge Amy Totenberg finally released her long-awaited ruling in the case which challenged the security, accuracy and constitutionality of the state's use of new, unverifiable touchscreen voting systems made by Dominion Voting Systems. The Plaintiffs called for them to be replaced by a cheaper, verifiable hand-marked paper ballots system.

Last year, Totenberg found the state's previous, 20-year old Diebold touchscreen systems to be unsecure, unverifiable and, thus, unconstitutional, ordering them banned for all future elections in the state. On Sunday night, in her long-awaited 147-page ruling [PDF] that begins by citing the plot to the movie Groundhog Day, Totenberg once again finds the state's new touchscreen Ballot Marking Device (BMD) "presents serious system security vulnerability and operational issues that may place Plaintiffs and other voters at risk of deprivation of their fundamental right to cast an effective vote that is accurately counted." The judge warned "these risks are neither hypothetical nor remote" and slams "the insularity" of the "stance" by the GA Sec. of State and the state's private vendor, Canadian-based Dominion Voting Systems, "in evaluation and management of the security and vulnerability of the BMD system [which] does not benefit the public or citizen's confident exercise of the franchise."

After detailing lies, inaccuracies and a lack of knowledge in the testimony of the state's "experts" in the case (no actual cybersecurity experts were presented by them, only employees of the vendors who admitted they had no actual cybsersecurity experience, nor did any penetration tests of the systems before certifying them for use in GA elections!), Judge Totenberg concludes: "The Plaintiffs’ national cybersecurity experts convincingly present evidence that this is not a question of 'might this actually ever happen?' – but 'when it will happen,' especially if further protective measures are not taken. Given the masking nature of malware and the current systems described here, if the State and Dominion simply stand by and say, 'we have never seen it,' the future does not bode well."

For now, that future includes the use of the systems that Totenberg clearly finds so dangerous because, as she explains, it might cause chaos for elections officials if she ordered the use of hand-marked paper ballots at the polling places this close to Election Day.

We're joined once again to discuss the case today by MARILYN MARKS of case plaintiff Coalition for Good Governance, which has been leading this long and important federal court battle now for several years. She has been joining us to discuss it at critical junctures, even while most of the broadcast media has studiously avoided covering it all. Marks offers her reaction to the judge's long-awaited ruling, describes her disappointment in the ultimate order from the judge (for now), while expressing confidence that these systems --- just like the state's previous ones --- will eventually be barred by this judge for use for the very same reasons that she ordered the state's old ones to finally be trashed.

"What we see here is these systems are put together in a slipshod fashion, without security being an important priority at all to these companies," Marks tells me. "These voting system vendors will say anything, and unfortunately many of our election officials who are purchasing these systems will repeat and parrot whatever those words are. You begin to wonder what is it that drives these elections officials, like Secretary [of State Brad] Raffensberger in Georgia, to buy the most expensive and least-auditable equipment."

Noting that unverifiable BMD systems similar to the ones now being forced on voters for the first time at the polls in other critical battlegrounds --- such as Philadelphia, the most Democratic-leaning county in North Carolina, all of South Carolina, as well as key counties in Texas and Ohio, not to mention the nation's most populous voting jurisdiction, Los Angeles County --- Marks decries the damage to democracy being done in all of those locations, while still being hopeful for the future.

"If there's good news in the judge's denial of relief for November, she did write a very solid yet scathing opinion, and explained in detail why these systems are not secure," she explains. "I'm hopeful that her opinion can spread across --- certainly Los Angeles, and all the counties that are using these systems in Pennsylvania and South Carolina, and even my home county of Mecklenberg, North Carolina --- and shake up some of these election officials. But maybe, most importantly, some of these candidates. That is such a shame that we don't have the parties and we don't have the candidates demanding a fair system."

Marks adds: "We're confident we'll win the case. We've proven our point. We've proven that they're unconstitutional. We've proven that they're insecure. We've proven that people shouldn't be permitted to vote on them. The only piece that's missing is, how long does it take? How long does it take for jurisdictions to be prepared to do something simple, like hand out hand-marked paper ballots? Given how important this election is, it is a real shame that we have to put up with these machines in November."

Finally, we close with the news that Republicans in California --- after Trump and his GOP have been suing to do away with mail-in drop-boxes all over the country --- are actually deploying fake ones up and down the Golden State, in apparent violation of the law, according to California's Secretary of State...

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On today's BradCast: So, Donald Trump's campaign, as well as the National Republican Committee and the Pennsylvania state GOP, are battling it out with state Dems and the state's Democratic Secretary of State over pretty much all aspects of absentee mail-in voting in the key battleground state. But, for some reason, as our guest reports today, Trump and the GOP are actually joining forces with Dem Secretary of State Kathy Boockvar to defend the use of brand-new, 100% unverifiable touchscreen voting systems in the most Democratic-leaning part of the state. Now why would they be doing that?

Before we get there today, however, some quick news on today's announcement on the lack of charges brought against the Louisville, Kentucky police officers who killed Breonna Taylor, a 36-year old African-American emergency medical specialist, in her apartment in the middle of the night this past March.

Also, some thoughts on a somewhat odd "Public Service Announcement" issued on Tuesday by the FBI and the U.S. Cybersecurity and Infrastructure Security Agency regarding "foreign actors and cybercriminals" who might take advantage of the necessary delay in tallying absentee ballots in the days following Election Day on November 3rd. The federal agencies warn that bad actors could "create new websites, change existing websites, and create or share corresponding social media content to spread false information in an attempt to discredit the electoral process and undermine confidence in U.S. democratic institutions." The announcement warns that malicious individuals could propagate false information about vote counts and other disinformation "that includes reports of voter suppression, cyberattacks targeting election infrastructure, voter or ballot fraud, and other problems intended to convince the public of the elections' illegitimacy." It's an odd "announcement" that focuses largely on foreign actors, while warning the public "to seek out reliable and verified information from trusted sources, such as state and local election officials." They say nothing about domestic bad actors, nor do they recommend federal sources as "trusted". We discuss.

Then, in Pennsylvania, Republicans have told the state Supreme Court that they plan to appeal last week's rulings against them to the U.S. Supreme Court. The news follows the Keystone State's high court determination that mail-in ballots can be counted if they arrive up to three days after Election Day; that absentee ballot drop-boxes are perfectly legal; and that state law bars poll watchers who come from outside of the county where they plan to observe. At the same time, the Trump Campaign is suing the state in federal court over many of the same issues in a suit that could also find its way to the U.S. Supreme Court. That may be just one of the reasons that Republicans are pushing so hard to seat a replacement so quickly for the late Justice Ruth Bader Ginsburg. As VP Mike Pence told Fox 'News' on Tuesday, "there is a possibility that election issues may come before the Supreme Court in the days following the election, and all the more reason why we should have nine Justices on the Supreme Court to be able to resolve any issues that may arise ." (Notably, this is something Republicans didn't seem to care about in the least before the 2016 election, when they were blocking Barack Obama's nominee from filling the late Justice Scalia's seat for a full nine months before the election.)

But for all the legal fights that Republicans are carrying out to block the use of, delivery of, and counting of verifiable hand-marked paper mail-in ballots in PA, for some reason the Trump Campaign is intervening in a court case to side with the Democratic Secretary of State there to defend the use of 100% unverifiable touchscreens in Philadelphia, the most Dem-leaning part of the state. Trump's intervention is in a suit filed by the NAACP (which we discussed with the attorney working on the case in a recent show) against the PA SoS, which seeks to block the state's use of the new computer touchscreen Ballot Marking Devices (BMDs). It's curious, to say the least, that Team Trump is supporting SoS Boockvar's use of the new, unverifiable devices, which are being forced for universal-use in all Philly polling places this year.

We're joined today by longtime investigative journalist and author ART LEVINE to discuss his detailed report today at Washington Monthly, headlined "Donald Trump's Favorite Voting Machines: Ballot-marking devices in key swing states could give him the perfect excuse to contest the election." In the article, and on today's show, Levine describes the boondoggle e-voting systems that have been installed for first time use this year in a number of key battleground states, including Georgia, North Carolina, Ohio, Texas and, yes, Pennsylvania. They are remarkably expensive, produce ballots that can never be verified after an election as reflecting the intent of any voter who used one, and they have failed disastrously in multiple ways in several states (including PA) during their first-time use in primaries earlier this year.

Sadly, it's not only Trump and PA's Democratic Sec. of State who are defending or otherwise quietly allowing the use of these dangerous new voting systems. So are many Democratic officials and election watchdog organizations that have historically been critical of electronic voting systems. "They've been absolutely radio silent --- except for Ohio Democrats --- at the state and national level about the risks of this voting technology," charges Levine. Even here in Los Angeles, our Democratic Sec. of State Alex Padilla has been very supportive of the $300 million dollar boondoggle touchscreen BMD system installed this year, disastrously, by Los Angeles County's Democratic Registrar of Voters, Dean Logan.

Levine's new investigative report today explores many of these various strange bedfellows in detail.

"I hope I can shed further light on the tangled, unbelievable, nutty mess in Philadelphia that is emblematic of the kind of challenges that other swing states --- statewide in Georgia and in some key Democratic cities in Ohio, Texas, North Carolina and so on --- will be facing. It's a nightmare beyond the already-other nightmares that we're aware of," he explains, describing a potential disaster with these systems that adds "kindling" for "a Constitutional crisis...if Trump doesn't win on Election Night."

Recent studies [PDF] reveal that 93% of voters do not notice when a BMD has changed one of their selections on the paper "ballots" printed out by these touchscreen systems. Moreover, the tallies created by optically-scanning those "ballots" (with yet another computer) are not even based on the human-readable printout that voters may or may not bother --- or be able --- to successfully verify as reflecting their intent. Instead, it is a barcode or a QR code, which can't be read by voters, that is also printed on the "ballots" and used by the scanning computers to tally the votes. But, still worse, even if everything works perfectly --- if the machines don't break down as they did during the primaries, causing hours-long lines, and if they aren't hacked or misprogrammed and everyone somehow manages to verify them accurately --- there is still no way for anybody to know after the election that any of those ballots accurately reflect the will of any voter.

As Levine warns in his report today: "Let's say the November election is close, and Donald Trump comes up short in Pennsylvania or Georgia or North Carolina, or all of them, and loses the Electoral College vote. ... It would make perfect sense for him and his lawyers to seize on the ambiguities of BMDs to argue that the voting was rigged and illegitimate. And Democrats would be hard-pressed to prove Trump wrong --- especially since some of their own elected officials and allies have been relatively quiet about the BMDs' shortcomings, and in some cases have even been at the forefront of pushing for the machines' use."

We have been warning as much for years. I'm happy to see Levine picking up those serious concerns and amplifying them. Please read his important article in full and then listen to today's show --- or vice versa.

Finally, Desi Doyen joins us for some quick --- but VERY big --- news today out of California, where Gov. Gavin Newsom has announced plans to ban the sale of new internal combustion engine (ICE) cars in the state by 2035. That's right! If his initiative is successful --- and it is bound to be challenged and hated by Trump and the fossil fuel industry --- the Golden State may be selling nothing but electric cars at new car dealers in as little as 15 years!...

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