The question posed by today's BradCast: Donald Trump is arguably ineligible to serve as President of the United States, according to the "insurrection disqualification clause" of the U.S. Constitution (Section 3 of the 14th Amendment). And yet, he is also arguably the easiest GOP candidate for Joe Biden to defeat next year in a race that will, once again, be a proxy battle between democracy and autocracy. With that in mind, should the former President be barred from running nonetheless? [Audio link to full program follows this summary.]

As the New York Times detailed today, the stakes couldn't be higher. A team of former Trump White House officials has been constructing an agenda for whoever becomes the next Republican President that will involve a radical takeover of independent Executive Branch agencies and a consolidation of all "Unitary Executive" power in the Oval Office. (Here's a free gift link to read the NYT piece. You should be terrified by it.)

As the paper makes clear, no matter who the GOP nominee is next year, if they win, American democracy as we know it is in very very big trouble. With that in mind --- and the argument that Trump is likely to be the easiest for Biden to defeat --- are pro-democracy and good government advocates certain they want to disqualify Trump from the ballot next year?

We're joined today by ALEXANDRA FLORES-QUILTY, Campaign Director at the non-profit, non-partisan, pro-democracy good government group, Free Speech for People. Her organization, along with Mia Familia Vota, recently launched a campaign to argue that "Trump is Disqualified from the Ballot". They sent letters [PDF] to the top election officials in ten states, informing them of the need to bar him from the 2024 ballot under Section 3 of the 14th Amendment which disqualifying those who, "having previously taken an oath, as a member of Congress, or as an officer of the United States" from holding office if they subsequently "engaged in insurrection or rebellion against the same." Of course, that's exactly what a bipartisan majority of the U.S. Senate found that Trump did on January 6, 2021, as well as the bipartisan U.S. House Committee which also investigated the matter.

Recently, a spokesperson for Colorado's Democratic Sec. of State Jena Griswold declined to comment "at this time" on whether Trump will be allowed on next year's ballot. She has until January 5 to decide in the state. FSFP and MFV have also sent similar letters to chief election officials in California, Georgia, Massachusetts, Michigan, New York, Nevada, North Carolina, Oregon and Pennsylvania. They argue that those officials have the ability --- and responsibility --- to disqualify Trump, just as they do for any candidate who does not meet requirements (age, residency, etc.) for office.

"Secretaries of State have a duty to ensure that candidates who seek to appear on their state ballots meet the Constitutional qualifications for serving in public office. In fact," notes Flores-Quilty, "Supreme Court Justice Neil Gorsuch has actually confirmed that Secretaries of State may refuse ballot placement to candidates for President who do not meet the Constitutional requirements of the office. [See 2012's Hassan v. Colorado in which Gorsuch, while still a 10th Circuit Appeals Court judge, found that states may "exclude from the ballot candidates who are constitutionally prohibited from assuming office."]

Moreover, Flores-Quilty argues it "is not a requirement" for Trump to have been criminally charged and found guilty of "insurrection" to be disqualified under the clause, which dates back to the post-Civil War era, when the 14th Amendment was adopted. "There is clear precedent from when it was originally enacted that that was not a requirement. No criminal conviction is necessary in order to enforce this critical provision of the Constitution."

"It's really important that we're doing public education and creating a public mandate that Secretaries of State --- it's not only within their power but it's their responsibility --- ensure that somebody who has so clearly violated this provision of the Constitution is not allowed to appear on the ballot. Trump has been able to get away with breaking the law, time and time again. Impunity is emboldening. So the rules need to be enforced."

Okay, but is it politically smart for either Democrats or pro-democracy advocates at this precarious moment to press this point to disqualify Trump from the ballot and potentially pave the way for a Republican candidate who may be equally authoritarian, but more able to defeat Biden next year?

Flores-Quilty --- and a bunch of our callers today --- ring in with their answers to that critical question!

Also today: Ron DeSantis' floundering campaign fires at least 10 workers. Failed AZ Gubernatorial candidate Kari Lake's attorneys (including Alan Dershowitz) sanctioned for $122,000 for bogus election fraud claims.

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Looks like Donald Trump was not "ARRESTED ON TUESDAY" as he lied (again) to his easily-duped followers over the weekend. But, just to put this up front on today's BradCast: We reject the notion that indicting the former President in relation to a hush-money payment made to help him win the 2016 Presidential election --- and the payments made while he was in the White House to cover it all up --- is a "minor crime" not worth indicting a former President for. [Audio link to full show follows this summary.]

That point is explained in much more detail on today's program, along with other related stories and important points, as the GOP begins to collapse in on itself...

• Given that no U.S. President has ever been indicted, nobody knows how (or if) this will work out, and what will happen after Manhattan District Attorney Alvin Bragg in New York (or Fani Willis in Georgia, or Special Counsel Jack Smith at the federal level), actually brings an indictment against Trump. That is, presuming one or more of them actually do, as we also discussed with callers on yesterday's program.

• A so-called "liberal" at Facebook was critical of our coverage yesterday, even if he doesn't appear to have either listened to it, or even read the item we posted along with it. His critique seems to be that, on this week's 20th Anniversary of George W. Bush's unlawful, accountability-free invasion of Iraq and the war crimes that followed it (as discussed yesterday as well), we shouldn't be wasting time discussing accountability for Donald Trump. He is wrong for a host of reasons...

• ...Several of which also happen to be discussed in Will Bunch's newsletter at Philly Inquirer today, headlined "U.S. presidents and their crime spree since 1968." Bunch concludes his piece with this on-point observation:
  So let me get this straight: We look the other way when our leaders oversee war crimes or greenlight torture or commit quasi-treason with foreign adversaries because the American presidency is too big to fail, but we're also going to ignore a cut-and-dried lower-level crime because it's too small? I'd argue that charging Trump with violating a law that applies to 333 million other Americans is a first baby step toward undoing 55 years of gross injustice, and it's long overdue. We need to rediscover that it's still illegal even when a president does it.

• Meanwhile, as GOP House Judiciary Committee Chair Jim Jordan (along with the Republican chairs of the Oversight and Administration Committees) is demanding NY D.A. Bragg come in to testify and turn over all documents from his criminal grand jury probe of Trump --- before any indictment has even been issued --- it seems worth noting that Congressional subpoenas are now optional. Jordan and House Speaker Kevin McCarthy and several other GOP members made that clear last year when they ignored similar requests from the House January 6 Committee and faced no accountability for their Contempt. Nonetheless, they are apparently hoping to weaponize the federal government at this point to prevent elected state law enforcement officials from doing their job of fighting crime.

• All of that, while Bragg is reportedly considering whether Trump will be forced to carry out the same "perp walk" that all other white collar criminals facing felony crimes in NYC must face, or whether a former President should be given special consideration for some reason.

• At the same time, in the wake of Trump exhorting supporters to "PROTEST, PROTEST, PROTEST!!!", very few seem to be answering his call so far. That may be because many of them reportedly believe it's all a trap by the Feds! (Marjorie Taylor Greene, however, believes there's no need to protest, because any indictment of Trump only assures he will be re-elected in 2024. Maybe. Though it begs the question as to how other Republicans, like Jordan and Trump himself, can claim that indictments are only being brought to hurt his chances in 2024.)

• And while all of those rightwingers collapse in on themselves, Fox "News" appears to be doing the same thing. A producer named in Dominion Voting Systems' $1.6 billion defamation suit against the Republican propaganda outlet is now suing Fox, claiming misogyny by Tucker Carlson and his staff and that she and Maria Bartiromo are being sacrificed by the company for their false reporting on fraud in the 2020 Presidential election. She is also charging she was coerced by Fox attorneys into offering misleading testimony in the Dominion lawsuit. As Media Matters' Angelo Carusone told us on this show several weeks ago regarding the damage that Dominion's suit may due to Fox: "It's sort of like a Jenga puzzle. Pulling one block is not going topple it down, but its certainly gonna make it a lot more vulnerable to toppling. The tiniest little breeze will probably knock the rest of it over." --- Well, it's getting pretty windy at Fox "News" these days.

• Finally, Desi Doyen joins us for our latest Green News Report, including news on the 12th(!) major winter storm now slamming California this season; unprecedented heat records smashed in Argentina; and the latest warning from the U.N. that the window for avoiding catastrophic, irreversible damage to the climate is almost closed, requiring an unprecedented worldwide effort to radically cut fossil fuel emissions before the end of this decade...

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For the first time in a long time on today's BradCast, we're happy to feature a Special Coverage episode of something that isn't actually horrible. In fact, it's something that turned out to be an unexpected amount of fun to watch and cover, while including what was, as I described it on today's show, "the greatest Rope-a-Dope Moment in the all-time history of State of the Union addresses." [Audio link to full show follows below this summary.]

We've got full post-speech team coverage today of Joe Biden's second SOTU as President (actually his third address to a joint session of Congress), and it was a humdinger! Both the speech and today's coverage. In fact, as our panel appeared to agreed today, it was likely the most enjoyable SOTU any of us had ever witnessed!

We're joined today by the great HEATHER DIGBY PARTON, award-winning columnist at Salon and founder of Digby's Hullabaloo blog (which just celebrated it's 20th anniversary!) and "DRIFTGLASS", otherwise known as @Mr_Electrico on Twitter and as simply Bill at home, where he produces The Professional Left Podcast each week with his wife Fran/"BlueGal". Like Digby and me, he too is a longtime, old-school progressive blogger!

Biden's lively remarks on Tuesday --- and his surprisingly brilliant off-the-cuff responses to jeers and obnoxiously inaccurate heckles from members of the new Republican House majority --- cannot be described as delivered by "Sleepy Joe". The 73-minute speech actually flew by, surprisingly enough.

During the address, he, justifiably, sang his Administration's praises for what has amounted to one of the most successful first two years of any Presidency going back to at least FDR. (That, as we discuss, is particularly surprising given the narrowest of majorities he had to work with for the past two years in Congress. And is true, whether or not you liked his many accomplishments, had hoped for still more, or preferred entirely different policies.)

Snap polling following Tuesday's SOTU revealed a whopping 72% of Americans who watched it reacted positively, with some of the most favorable reactions coming from those who, prior to the speech, disapproved of Biden or felt his policies would not move the country in the right direction. So will his remarks on Tuesday make any difference in his approval ratings moving forward?

We cover a lot of ground on today's Special Coverage episode, including thoughts on Biden's brilliant Rope-a-Dope / Jedi Mind Trick that resulted in Republicans yelling and screaming to insist they are absolutely not hoping to gut or cut or even sunset Social Security and Medicare(!); other details from the surprisingly populist and progressive speech; insight on why Biden's approval ratings have been so low over the past year (and who is to blame for that); analysis of the bizarre movement by some in the supposed "Anti-war Left" to oppose support for the fight for democracy in sovereign Ukraine and against the authoritarian invasion by its imperialist neighboring Russia; and of the weird, creepy, dark, up is down/down is up GOP response to Biden's SOTU by Donald Trump's former Press Secretary and "prolific liar" turned new Governor of Arkansas, Sarah Huckabee Sanders.

Lots of insight --- and hilarity! --- ensues during today's 'BradCast' Special Coverage! Enjoy!...

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Apparently, our week of GOP debunkery continues on today's BradCast. I have a feeling we may be at it for quite some time, as Republicans are just getting started with their crash and burn majority control of the U.S. House. [Audio link to full show follows this summary.]

On yesterday's program, we shared a few clips from interviews this week with the new Republican Chair of the House Oversight Committee, Rep. James Comer of Kentucky. He explained why he was dead set on his committee investigating the connection between classified documents found by Joe Biden's aides at his Delaware residence (and immediately returned to the federal government) and concerns about "influence peddling" by the President and his family. That, despite any actual evidence to support the allegations.

Comer also made clear he had no interest in his Committee investigating the former President, despite the hundreds of classified documents he'd stolen from the White House (and refused to return, with many still missing) and mountains of evidence of influence peddling by Donald Trump and many of his children, including son-in-law Jared Kushner who received $2 billion from the Saudis just after Trump left office.

There was one point Comer focused on, however, in an effort to buttress his case. "There's one email that's been identified that is suspicious, that we want to look into," he explained. "We want to make sure that this one email that was on Hunter Biden's laptop wasn't one of the classified documents" found at Biden's residence in DE.

This claim seems to stem from an allegation first published by a New York Post columnist, apparently. GOP Senators have also been citing the same claim of late. Sen. Ron Johnson (WI) recently argued on Fox Business that an email from 2014, said to have been found on what Republicans have long claimed to be an "abandoned" laptop from the President's son contained "a very detailed analysis of what's happening in Ukraine." Sen. Ted Cruz (TX) alleged on a podcast that information in the email "could easily have come from a classified briefing."

Washington Post's Glenn Kessler examined the allegation and the evidence today. He found that the facts stated in the 22-point email said to be from Hunter actually lined up with information that was not only on the public record at the time, but published by major news outlets just weeks before the date of the email. "Laptop email suggests Hunter Biden read newspapers, not classified documents," Kessler's headline reads today. He awarded "Three Pinocchios" to the claims from Johnson and Cruz, as echoed by Oversight Committee Chair Comer on Sunday.

At the same time, Hunter Biden, after years of staying quiet about all of this, appears to now be pushing back. His attorneys recently sent legal letters to Fox "News" and Tucker Carlson, for example, demanding they retract and apologize for what the letters characterize as defamatory statements. They've also sent letters seeking criminal investigations by both state and federal authorities into the dissemination of his personal data by folks like Rudy Giuliani in the run-up to the 2020 election, making clear that while some of the data discovered was his, he neither authorized its public release, nor dropped off an allegedly abandoned laptop at a repair shop, as the GOP story, initially spread by Giuliani, goes.

Much more on all of the above today. But if Republican members of Congress believe that House investigations into this sort of stuff is what voters want them to do, after months of campaigning on claims of out-of-control crime, record inflation, high gas prices, etc., they are likely very wrong. At least according to a new report on focus groups of independent voters in Wisconsin, Virginia and Texas.

Next up today, we share some of the remarks by Rep. Ilhan Omar (D-MN) from the House floor today before a vote by House Republicans to remove her from the Foreign Affairs Committee based on comments they regard as anti-Israel four years ago. In truth, the move by House Speaker Kevin McCarthy --- who was finally able to scrounge up the minimum number of votes needed to remove her (all Dems voted in her favor) --- was clearly revenge for Democrats removing Reps. Marjorie Taylor Green (GA) and Paul Gosar (AZ) from their committee assignments during the last Congress. That, after they each posted violent threats against Democrats. (For example, Green promoted a comment from a supporter calling for the assassination of then House Speaker Nancy Pelosi. Gosar posted a video in which he is depicted as decapitating Rep. Alexandria Ocasio-Cortez and attacking President Biden with a ninja sword.)

Then, Desi Doyen joins us for our latest Green News Report, as Big Oil profiteers announce all-time record profits after a year or two of inflating gas prices; and the Biden EPA announces some very good news for longtime opponents of what would have been a toxic mining project in a pristine part of Alaska.

Finally today, a programming announcement for The BradCast! We will be moving to a four-day-a-week, Monday through Thursday schedule (with rebroadcasts scheduled for Friday) for the foreseeable future. While there are no emergencies, as noted on the program, there are several reasons for this change. Catching up on some long overdue health issues (physical, emotional, mental) is just one of them. We're fine. But, after moving from a weekly to a daily schedule back in early 2015, in order to cover the 2016 elections, and then staying with that schedule thanks to the "surprise" ending of that election, and then continuing on through four years of Trump and a years-long pandemic...well, we've got a lot to catch up with here and hope you will both understand and forgive us for our need to take Fridays off for a while. Perhaps even permanently. (Feel free to leave any complaints in the comments section below, however!)

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Today on The BradCast: The so-called investigations of the Biden Administration by GOP-led Congressional committees are virtually guaranteed to crash and burn for Republicans in the months ahead. But whether they crash and burn the national and global economies in the meantime remains a very real question. It's one about which our guest today has a few very interesting suggestions for Democrats. [Audio link to full show is posted below this summary.]

First up, however, we pick up a bit on yesterday's coverage helping to gird you for the circus of insanity now barreling toward all of us with the GOP's takeover of the U.S. House. Yesterday, we detailed NBC's Chuck Todd (of all people!) calling out the lies of Ohio Rep. Jim Jordan --- the new Chair of both the House Judiciary Committee and the GOP's newly formed Select Subcommittee on "The Weaponization of the Federal Government" --- regarding Jordan's false equivalency between the handful of classified documents discovered and promptly returned by President Biden's aides, and Donald Trump's more than a year-and-a-half long effort to retain hundreds of classified documents he stole from the White House and refused to return.

In a similar vein today, the new Chair of the House Oversight Committee, Kentucky Rep. James Comer, made a yutz of himself on CNN over the weekend, trying to explain why President Joe Biden and his family must be investigated for "influence peddling," despite the lack of evidence to support the charge. That while, he insisted, there is absolutely nothing to look into regarding the mountain of actual known evidence suggesting influence peddling by Donald Trump and his family.

For good measure, we also help Marjorie Taylor Greene embarrass herself today by simply playing some of her very serious questions to the U.S. Comptroller --- about Drag Queen Story Hour and an elementary school she claimed received $5.1 billion in "COVID Cash" to teach Critical Race Theory --- at a House hearing today.

As to real damage that Republicans are capable of causing, the Treasury Department is currently taking "extraordinary measures" to avoid defaulting on our national debt for the first time in U.S. history as House Republicans figure out how to best hold the nation's (and world's) economy hostage to demands of cuts to federal spending before they are willing to raise the statutory debt limit. Unless they do so very soon, giving authority to the U.S. Treasury to borrow the money needed to pay for stuff that Congress and Presidents of both parties long ago authorized and/or purchased, the global economy could come crashing down on everyone. The White House refuses to negotiate on whether our bills must be paid. But House Speaker Kevin McCarthy, on behalf of his far-right caucus, is holding out for...something...though he has yet to make clear precisely what they want.

We're joined today by KEVIN DRUM, longtime blogger formerly of Washington Monthly and Mother Jones, now back on the indie blogging beat at his site, Jabberwocking, for insight on this dangerous mess.

In addition to thoughts on how he sees all of this ultimately shaking out; whether Republicans will really pull the trigger on the hostage this time; how it played out the last time they tried the same gambit when they had control of Congress while a Democrat occupied the White House in 2011; and the history of why the U.S. stands nearly alone among developed democracies in even having such a dumb statutory limit on paying our bills, Drum recently wrote about a couple of ways that Dems may consider moving forward without a vote from Republicans at all.

One idea long discussed by many on the Internet is that the President has the authority to simply order the minting of a $1 trillion platinum coin. Drum explains that well-worn --- if never invoked --- theory, what makes it lawful, and if it would actually work to allow our bills to continue to be paid without Congress voting to raise the debt ceiling.

Another idea he prefers, however, involves calling the GOP's bluff by citing Section 4 of the 14th Amendment of the U.S. Constitution which plainly states "The validity of the public debt of the United States, authorized by law ... shall not be questioned" and telling Republicans to "pound sand." Just continue writing checks as usual and let Republicans go to court to get a ruling that the U.S. Government must immediately stop sending Social Security checks to grandma, stop issuing food stamps to hungry families, stop paying for medical care for the poor and elderly, stop all military spending, and stop all interest payments on U.S. treasury bonds, etc.

"If this goes to court for one reason or another, that's actually pretty useful," Drum argues. "It makes Republicans really take a stand. It makes it clear that Republicans are the ones who are trying to cut off food stamps or Social Security or whatever it is."

But, while Drum explains why he believes it's a "low-risk" option, it could still be a dangerous one nonetheless. A favorable decision by the U.S. Supreme Court in days of yore might have been a no-brainer. But, with an entirely corrupted, far-right extremist super-majority now at SCOTUS, it's anyone's guess as to whether they would vote to uphold the clear text of the Constitution or not.

There's a lot to discuss with Drum today! I hope you'll tune in!...

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Before our Holiday Hiatus, we wrap up the year on today's BradCast with a look both back and forward along with one of our favorite regular guests. [Audio link to full show follows this summary.]

But, first up today, I've noticed a number of folks from what I describe as the Left's "Contrarian Industrial Complex" --- comprised of some of the same folks who, like most of the Right, also fell for Trump's cons about Russia, COVID, 2020 election fraud, etc. --- now falling for the many new cons and lies being propagated by Latter Day Trump, Elon Musk, on Twitter.

The continuing public prat falls from the world's previously richest man (at least until he bought Twitter for about $30 billion more than it was worth, began driving it into the ground, along with the stock price of Tesla) are too numerous and ridiculous to detail here tonight. But one of Musk's latest and greatest scams at his social media site since since taking it over and blowing it all up deserves quick notice today. Specifically, the scam that resulted in Musk's temporary "permanent suspension" of a number of top journalists late last week, including recent in-studio BradCast guest, Steve Herman of Voice of America.

As you probably know, those suspensions happened as part of the fallout from what Musk described as a stalker incident that threatened him and/or his family. He blamed it on a Twitter account that tracks the whereabouts of his private jet based on publicly available data. He likened the posting of that information as "assassination coordinates" and then banned journalists from Twitter who had simply reported on his original suspension of the @ElonJet account.

As it turns out, however, Washington Post dug into the story over the weekend to report that the original incident appears to have had absolutely nothing to do with that Twitter account. Two of its journalists, both of whom had also been suspended by Musk, report that the incident between the alleged stalker and a member of Musk's security team actually "took place at a gas station 26 miles from Los Angeles International Airport and 23 hours after the @ElonJet account had last located the jet’s whereabouts."

Moreover, The Guardian reports today that Musk's tweet about the "crazy stalker" who supposedly followed a car carrying one of his children, may have been even more misleading than previously known. According to their report of a statement obtained from the South Pasadena Police Department, "a member of Elon Musk’s security team is currently a suspect in the investigation, not a victim."

The full story --- and its subsequent fallout, including Musk holding a poll on his Twitter account on Sunday in which a majority of users voted for him to step down as Chief Twit --- is sort of the perfectly insane way to end 2022. Whether at the social media site at year's end or in the U.S. House of Representatives next month, when the GOP is set to regain a slim majority, "the inmates have literally taken over the asylum," as our guest notes today.

We're joined for our final show of the year by old friend, award-winning Salon columnist and Hullabaloo's OG blogger HEATHER DIGBY PARTON. She's been with us for post-game analysis following every single one of this year's ten or so hearings held by the bipartisan House Select Committee investigating the January 6th, 2021 insurrection at the U.S. Capitol and the former President's many failed attempts to steal the 2020 Presidential election from the American people. She joins us once again today for that and more.

Among the topics of today's lively discussion...

• The House J6 Committee's unprecedented referral of a former U.S. President on four criminal charges, including Insurrection, to the U.S. Dept. of Justice at their final hearing on Monday;
• The critical importance to the nation of real accountability for Donald Trump;
• Whether potential criminal charges against him will hurt or help his political fortunes for 2024;
• The extraordinary success of the House J6 Committee as its mission comes to a close along with this session of Congress;
• Whether GOP House leader Kevin McCarthy will actually be able to close the deal this time and win the Speakership in 2023 among his fractured caucus (and what may happen if his caucuses asylum inmates have their way);
• What we should expect from the Democrats' new leader in the House, Rep. Hakeem Jeffries;
• And how to make any sense at all of Elon Musk and his ever-increasing Twitter madness.

Finally, Desi Doyen delivers what is also our final Green News Report of 2022, with all of the good news and bad (even at holiday time!), that you've come to expect from the nation's preeminent, twice-weekly, six-minute environmental radio news feature.

Please enjoy the show. We'll see you next year. And here's to a happy and healthy holiday season for all and perhaps a less insane 2023...though I wouldn't count on it...

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It may be a somewhat disconcerting deja vu on today's BradCast for longtime listeners. Apologies in advance. [Audio link to full show follows this summary.]

Seven and a half years ago, on the day Donald Trump came down his golden escalator at Trump Tower to declare that Mexicans were rapists and he was running for President, our guest was HEATHER DIGBY PARTON of Salon and Hullabaloo. Since then, she's joined us to try and make sense of virtually every landmark event during his disastrous candidacy, Presidency and post-Presidency.

Back in June of 2015, when posting that day's show at The BRAD BLOG, I headlined it "The GOP's New 'Frankenstein's Monster'". Most in the media considered Trump's candidacy a joke at the time. We felt otherwise. I believe history has proven us right on that one.

After multiple failed attempts at trying to steal the 2020 election, including inciting an insurrection at the U.S. Capitol in hopes of stealing it by force, and with multiple criminal investigations against him now underway at both the state and federal level, Trump announced (to the nation's chagrin) his third run for President on Tuesday night. He did so at a really long and boring super-spreader event at Mar-a-Lago, the scene of at least one of the many crimes for which he's being investigated. Parton joins us once again today to discuss whether we should be as worried this time about Trump's candidacy (she describes it at Salon today as "the America First Vengeance Tour 2024") and whether he or Ron DeSantis would be more difficult for Democrats to defeat in 2024.

We spend more time, however, discussing the three-ring circus, circular firing squad, or whatever metaphor you wish to use, for the Republican House and Senate leadership battles now under way following last week's midterm elections in which the GOP appears to have won the narrowest of majorities in the U.S. House --- but not much more than that anywhere else. Will the splintered, increasingly loony GOP caucus in the House even be able to get 218 votes for anybody as House Speaker come January? ("They have created an absolutely insane caucus filled with lunatics, and now they're having to pay the piper on this," says Parton. "This is what happens when you embolden people like Marjorie Taylor-Greene. She'll be operating as a shadow Speaker.")

Also today...A note of caution at the top of the show: Do not be fooled by Trump's deceptive call at his announcement speech on Tuesday night for "paper ballots" to help fight fraud in elections. He has no clue what he's talking about. Else he would have called for "hand-marked paper ballots," since all of the states he lost (but pretends to have won) already use paper ballots! He's also demanding new voter suppression measures. We explain all of the above today.

In related news, two counties in the state of Mississippi used hand-marked paper ballots in the 2022 midterms for the first time. After some 20 years of forcing voters to vote on 100% unverifiable touchscreen systems --- while we've been begging them to move to hand-counted paper ballots for all of those years --- the clerks of both counties report that voters and pollworkers loved the new system and it worked great! In fact, the clerks also found that it was both faster and more cost-efficient than their 20-year old unverifiable touchscreens. Who could have predicted it?

Following a new state law adopted in April, all counties in MS must upgrade their systems before the 2024 Presidential elections. As noted on today's show, I've long argued that it would likely take a high-profile Republican getting screwed by touchscreen voting systems before GOPers finally demanded a move to verifiable voting systems. I was close. What I should have said was that it would take a high-profile Republican pretending to be screwed by touchscreen voting systems before they'd finally demand such changes.

Finally, we close with some listener email. Enjoy!...

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Welp, Election 2022 continues into its second week of counting on today's BradCast. But it's our first chance to open up the phones to listeners after last week's historic midterm face-plant by Republicans and its associated very very good news for Democrats and American democracy itself. [Audio link to full show follows this summary.]

Before we go to the phones today, a bit of a monster "rant" on the accomplishments of Joe Biden and the Democrats after two years in office; a few updates on races called since we signed off last Friday; what they all mean; and some of the races still being tallied (which will also determine, among other things, which party controls the House of Representatives next year.)

The big races called since our final show last week include the U.S. Senate contests in Arizona and Nevada, both of which went to the incumbent Democrats in each state (Sen. Mark Kelly in AZ and Sen. Catherine Cortez Masto in NV). Those victories ensure majority control for Democrats in the upper chamber of Congress once again in January. Dems will have at least a 50/50 majority with Vice President Kamala Harris as the tie vote, even before the December 6 Senate runoff in Georgia between incumbent Sen. Raphael Warnock (D) and Herschel Walker (R).

But there are a ton of reasons for Democrats in GA to not let down their guard. Dante Atkins, over the weekend, detailed just some of the reasons why a 51-49 Senate is much better for Dems (and democracy) than a 50-50 Senate.

While Dems were celebrating retaining their Senate majority over the weekend, we were celebrating the fact that the last of the 2020 Election liars running for Secretary of State in battleground states were declared to have lost. In AZ, Democrat Adrian Fontes will become the new Sec. of State after defeating Trump-endorsed insurrection enthusiast and voting opponent Mark Finchem. And in NV, Democrat Cisco Aguilar was declared the winner over Trump-backed election liar Jim Marchant, founder of the "America First Secretaries of State coalition," featuring all of those Republican SoS candidates who, thankfully, were rejected by voters in last week's elections across the country in every single swing-state in which they ran. That alone will make the 2024 Presidential election indescribably safer.

Throughout the program, we also take care to call out a few of the folks from the Republican Party, the corporate media, and the even some on the lazy, knee-jerk far-left who ignored the available data and facts in order to misinform American voters that the GOP see a red wave, or even red tsunami, in last week's midterms. They didn't. They lost a seat in the Senate; will be lucky to win the narrowest of majorities in the House; lost Governorships in Maryland and Massachusetts (and, perhaps, Arizona, which is still close); took full control of both the Michigan and Minnesota state governments and may do the same in New Hampshire and Pennsylvania, just to detail a few of the GOP's remarkable failures in a year that Conventional Wisdom suggests they should have owned the night.

Also, mid-hour today, we get an update in the tallies of the very right Los Angeles Mayoral race where progressive Rep. Karen Bass just got a big boost from the latest numbers in her contest against "former" Republican billionaire real estate developer Rick Caruso.

Then, we turn to the phones for the first time since last week's midterms to get some thoughts from listeners on what the lack of "red wave" means for both Democrats and Republicans and whether any of it will help break the GOP's Trump Fever that is destroying both them and our democracy along with it (though not this week, at least!)...

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On today's Midterm Elections Day 2022 BradCast: Unspooling the media's midterm mess and the high price of failed computerized voting and tabulation systems in several states.

Among the many stories covered today as voters across the nation headed to the polls...

• What is the possible connection between today's otherwise much-needed downpours in both Northern and Southern California and potential partisan control of the U.S. House? We 'splain!

• Major corporate media outlets have done another irresponsible job in their coverage of this year's midterms, particularly in their bizarre Doomsday-for-Dems coverage in recent weeks. While Tuesday's elections certainly could prove to be a "red" wave for Republicans --- after all, conventional wisdom (which we've been advising you to ignore all year) would certainly predict as much --- a fair reading of both pre-election polling and other available early voting data, suggests Dem strength could be greater than most outlets have been reporting. Some are even ignoring their own polling numbers to report a coming apocalypse for Dems. (Also: Compare and contrast NYT's front pages from day before the midterms in 2018, when Dems picked up 41 seats in the House, with the day before this week's midterms.) Of course, the polls are tight enough that a minor polling error in either direction could lead to either a "red" or "blue" wave, or simply a maddeningly close contest all around. But the problem is, the doom and gloom reporting can either become a self-fulfilling prophecy by depressing Dem turnout or, more dangerously, yet another misleading basis for Republicans to falsely declare "FRAUD!" in the event that Dems do better than expected on Tuesday night. Either scenario suggests another mainstream corporate media failure in 2022. We 'splain that too.

• Donald Trump big footed Ohio's Republican U.S. Senate candidate J.D. Vance at his rally on Monday night by announcing that he's got a big announcement coming next week. Reportedly, Republican officials had to beg Trump to not declare his candidacy to run again for President before today's midterms. He wanted to do it last night. Of course, facing as many legal perils all at once as he now is, I'd want to try and change the subject as quickly as possible too. It won't work.

• A tale of two voting system failures. In Mercer County, New Jersey today, hand-marked paper ballot optical scanners used across the county and made by Dominion failed to work. Luckily, they are one of only two counties in the state that offer voters hand-marked paper ballots. So, voters were instructed instead to place their ballots into the scanning system's locked box to be tabulated later at County headquarters. Voters did so. Voting continued. Life went on. Everything was fine. Meanwhile, at a bunch of polling sites in Maricopa County (Phoenix), Arizona, the scanners, also made by Dominion, were failing as well. Instead of following the same procedure to vote and place their ballot in the box to be scanned later, the wingnuts went crazy. Howls of "FRAUD!" followed, with demands to recall the County's Republican election officials and for paper ballots to be used from now on! (Someone please let GA's lunkhead Rep. Marjorie Taylor Greene know that Maricopa already uses paper ballots.) Sigh. This in a county where Reuters reported over the weekend that elections officials faced more than 100 threats in the lead up to today's elections, including calls to "kill them all" and worse. (The reason eventually discovered for the scanner failures in Maricopa was pretty mundane).

• Meanwhile, actual voter disenfranchisement took place for hours in Harris County (Houston), Texas, on Tuesday morning, thanks to the fact that, like much of the Lone Star state, they don't allow voters to use verifiable hand-mark paper ballots at the polls. Instead, after a poll worker quit before today's Election Day, touchscreen voting systems made by Hart Intercivic were not properly set up until four hours after polls opened in a heavily-Hispanic part of the heavily-Democratic County. An unknown number of voters were turned away, unable to vote. Marjorie Taylor Greene has yet to say a word about it.

• Finally, Desi Doyen joins us for our latest Green News Report, as the U.N.'s big COP27 climate conference kicks of in Egypt; a new report finds major glaciers will soon disappear entirely; and a late-season hurricane spins up and takes aims at Florida's east coast...

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Yes, we heard him correctly! Rep. Bennie Thompson, Chair of the bipartisan U.S. House Select Committee investigating the January 6 insurrection, opened today's 5th day of public hearings by noting that Donald Trump tried to "steal" the 2020 election! Finally, as noted on today's BradCast Special Coverage, we're getting somewhere! Let's see if the rest of the media is still as allergic to using the correct word for the crime that Trump and his supporters hoped to pull off! [Audio link to full show is posted below this summary.]

Before we get to our Special Coverage today, we've got a few too-brief words on today's unelected, rogue, corrupt, stolen and packed 6 to 3 Republican US Supreme Court majority undermining states' rights to "well-regulate" the carrying of firearms in public in their own states, and undercutting Miranda rights for those detained by law enforcement.

Then, it's on to another harrowing day of the House J6 Committee's gripping hearings, detailing Trump's unrelenting and virtually psychotic attempts to steal the 2020 Presidential election from the American people. Today's hearing focused on his failed attempt to decapitate the remaining leadership at the U.S. Department of Justice after his own Attorney General Bill Barr resigned in response to the loser Trump's repeated and knowingly false claims that Joe Biden only defeated him thanks to massive, if apparently evidence-free, fraud.

The DoJ scheme involved replacing Trump's Acting Attorney General with a low-level apparatchik named Jeffrey Clark who agreed to do Trump's bidding. The plot came within a hair's breadth of overthrowing the entire American government. It was only the promise of hundreds of top DoJ officials resigning en masse that ultimately forced Trump to relent.

Three of those top officials, former Acting Attorney General Jeffrey Rosen, his acting Deputy AG Richard Donoghue, and former Asst. AG in charge of the Office of Legal Counsel (OLC), Steve Engel, testified live on Thursday under questioning by Illinois' Republican Rep. Adam Kinziger, who detailed just "how close we came to losing it all."

The panel laid out in detail how the DoJ (as well as DHS and DoD) were relentlessly directed by Trump, over and again, to investigate every absurd, easily-debunked conspiracy theory dredged up by rightwing MAGA Internet clowns. From false claims about Dominion voting systems to false claims about truckloads of shredded ballots to false claims about Italian military satellites and Chinese-made smart thermostats flipping votes from Trump to Biden.

Nevertheless, Trump's apparatchik Clark was willing to do Trump's bidding. He drafted a letter to send to swing-state legislatures falsely instructing them that the Department had found massive fraud that would change the results of the elections, directing their state legislatures to reconvene to choose electors for Trump instead of Biden. Rosen and Donoghue, to their credit, testified that they refused to sign the bogus letter, and then detailed how Trump schemed to fire Rosen and replace him with Clark, who had never even tried a criminal case, as the DoJ's chief. It all culminated in the infamous, hours-long, January 3rd, 2021, Celebrity Apprentice-style Oval Office showdown where both Rosen and Clark made their cases. Rosen's was backed up by the entire leadership at DoJ (as well as White House Counsel), who vowed to leave if Trump pulled the trigger and fired Rosen. That would have resulted in an unprecedented Constitutional crisis just days before the joint session of Congress to confirm Biden's victory.

And, after all of that, Kinzinger noted at the end of today's hearing, Trump still went out to his rally on the Ellipse on January 6th and repeated all of the long-ago debunked claims of fraud, inciting the deadly insurrection at the U.S. Capitol.

Today's hearing began just moments after CNN reported that Clark's home had been raided by the FBI before dawn on Wednesday. So, it would seem, the current Dept. of Justice is actually on the case.

We're delighted to be joined today by two fantastic guests, one of whom is a former DoJ Attorney with a great deal of insight into DoJ procedures and the harrowing testimony offered today. LISA GRAVES, who is now Executive Director of the research firm True North Research, served as Deputy Asst. Attorney General at the U.S. Justice Dept during the Clinton Administration and into the peaceful transition to George W Bush's Administration. She then became Chief Counsel for nominations in the U.S. Senate and a Deputy Chief for the US Court system. HEATHER DIGBY PARTON, our anchor guest during all of the hearings to date, is the beloved proprietor of her long-running Hullabaloo blog and an award-winning contributor at Salon.

Graves is a font of insight regarding the way the DoJ is supposed to work and just how wildly dysfunctional, inappropriate --- and most likely criminal --- the actions of both Trump and Clark were during the disgraced former President's final days attempting to cling to power.

Clark, she argues, "is a man who was willing to bend any law in order to serve the political agenda of this President, and is exactly the type of person who should never be entrusted with any position of power or public trust. He clearly is someone who is more than willing to set aside facts and law. What we see is this man at the center of a criminal conspiracy, in my view, and the [former] President is at the helm of that conspiracy."

As Parton notes today, the "the Constitutional crisis that everyone was hinting at [was] in retrospect, a very close thing," as Trump was trying to "overthrow the government" just three weeks before the inauguration. But Trump's ultimate, begrudging decision to not fire Rosen and replace him with Clark means that "Trump was not irrational. He did know what he was doing." And that, she observes, is "a new and interesting data point" to come out of today's hearings.

Also coming out of today's hearings, a list of six Republican members of Congress who apparently recognized that their involvement in this criminal conspiracy could land them in prison. So much so that they unsuccessfully sought pardons from Trump before he left office. Among those named by former White House officials as seeking pardons: Reps. Mo Brooks (AL), Matt Gaetz (FL), Scott Perry (PA), Louie Gohmert (TX), Andy Biggs (AZ) and Marjorie Taylor Greene (GA).

We've got much more smart insight and analysis in today's Special Coverage. Please tune in!...

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IN TODAY'S RADIO REPORT: The rush for new fossil fuel supplies 'delusional,' says U.N. chief; New study finds car tires a surprising source of pollution; New breakthrough promises 'world's first-ever zero emissions cement'; PLUS: Texas' rickety electric grid bailed out by wind and solar energy... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The 1977 White House climate memo that should have changed the world; Is new EV battery breakthrough too good to be true?; Office building to be covered in 'solar skin' of more than 1,000 panels; Pacific Coast crabs are suffocating; FAA unveils climate rules for commercial planes; Climate groups use Endangered Species Act in suit to stop drilling; Biden tells oil refiners: Produce more gas, fewer profits; U.S. government research project to create tiny nuclear reactors like batteries... PLUS: A Hotter, poorer, and less free America... and much, MUCH more! ...

It's another three-hour show packed into about 57 minutes on today's BradCast, as we catch up with a lot of primary election coverage that we previously postponed due to all the mass shootings, and a bunch of late updates on several critical stories we've been closely following of late. [Audio link to full show follows after this summary.]

First, before our always-lively guest today, those updates...

• SB 1480, the Internet and Fax voting bill shamefully supported by Democrats in the California state legislature has now passed in the state Senate and heads to the Assembly. We recently discussed with longtime Internet voting expert Dr. David Jefferson why the bill is such an outrageously terrible idea. And we urge you once again to stop by Scrutineers.org/California to learn how (and why) you can help stop it before it becomes law and makes its way into the other 49 states!

• In a more encouraging update to a story we've recently been covering in detail, a three-judge federal appeals court panel (including judges nominated by Biden, Obama and Trump) have overturned the ridiculous ruling by a Trump-appointed lower court judge who found that a federal Amnesty Act for many Confederates in 1872 somehow gave amnesty to January 6th insurrectionists running for office 150 years later. This was part of a challenge led by Free Speech for People (FSFP) to the ballot eligibility of North Carolina's first-term Rep. Madison Cawthorn, under the U.S. Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3). Though Cawthorn lost his recent primary race for reelection, the appeals court found the case was not moot, because Cawthorn's contest has not yet been officially certified. This is the second federal court to find that the clause may still be used to challenge insurrectionist running for office. FSFP called the ruling a "major victory", warning that other candidates, including Donald Trump, if he runs in 2024, will not be shielded "from the consequences of their actions" when seeking eligibility for the ballot during Constitutional challenges at the state level.

• And, in another story of ballot disqualification at the state level that we covered in detail earlier this week, the Michigan Board of State Canvassers on Thursday officially disqualified 5 of 10 Republican candidates seeking the GOP Gubernatorial nomination there --- including the two leading candidates --- after finding that they collectively turned in some 68,000 fraudulent petition signatures in hopes of qualifying for this year's August 2nd primary ballot. All of the GOP candidates falsely claim that Donald Trump only lost the state of MI through massive election fraud by Democrats, before their campaigns apparently went out and committed actual massive election fraud in hopes of qualifying to run. Several of the rejected candidates vow to appeal the decisions and blame the state for their own failure to vet signatures and those they hired to collect them.

• On Thursday, we detailed the story of the "Hiroshima of botched elections," as described by longtime Election Integrity advocate Sherry Healy, that has been playing out since the May 17 primary election for U.S. House in Clackamas County, Oregon. A disastrous ballot printing snafu --- and the way the disastrous Clackamas County Clerk handled it --- has prevented the finalization of several races, including one that was closely watched in Oregon's 5th Congressional district, pitting progressive Democratic challenger Jamie McLeod-Skinner against very conservative Democratic incumbent Rep. Kurt Schrader. On Friday, AP finally called the race for McLeod-Skinner as counting continues in that race. But, if it holds, it's seen a huge victory for grassroots progressives in unseating a sitting, rightwing House Dem (who had been supported by House leadership).

• And finally, before getting to our guest today, on Thursday, a New York appeals court panel rejected a plea by Donald Trump, as well as Ivanka and Don Jr., to avoid sitting for a deposition in state Attorney General Letitia James' bank, insurance and tax fraud investigation of the former President and his company. On Friday, the news got even better. A federal appears court rejected the Trumps' attempt to nix the investigation entirely.

NEXT, we're joined by our old friend HOWIE KLEIN, the great progressive House candidate expert, longtime proprietor of the Down With Tyranny blog, and co-founder of BlueAmericaPAC, to discuss primary victories (and losses)for progressive Democrats in the 10 states that have held their primaries so far this year. Also, for a preview of Super Duper Tuesday midterm primaries coming up in seven states on June 7th, including here in California (where Howie has some tips for voters in both state and key Los Angeles races.)

Among the races and candidates Howie offers insight on today...

• Pennsylvania's Lt. Gov. John Fetterman, now running as the state's Democratic U.S. Senate nominee;
• The huge win for progressive Summer Lee in PA's 12th Congressional District;
• Progressive Jamie McLeod-Skinner's apparent victory over incumbent Blue Dog Dem Rep. Kurt Schrader in Oregon's 5th Congressional District;
• The victory of state Rep. Andrea Salinas over a candidate supported by a rightwing crypto-billionaire and Democratic House leadership in OR-6;
• Rep. Madison Cawthorn's loss in North Carolina's Republican 11th CD and what that means for Democrat Jasmine Beach-Ferrara hoping to win that seat in November;
• The ongoing, incredibly close battle between rightwing, pro-NRA, anti-choice Dem Henry Cuellar against progressive challenger Jessica Sisneros in Texas' 28th CD;
• Rep. Lucy McBath's victory over Blue Dog Dem Rep. Carolyn Bourdeaux in a rare member-versus-member contest in Georgia's 7th CD;
• And whether GA's far-right insurrectionist Republican Rep. Marjorie Taylor Greene, victorious in her 14th District primary this past week, can possibly be unseated by Dem challenger Marcus Flowers.

That's just a taste. Tune in for much more from Howie on all of this, including his several tips for progressive Los Angeles voters on June 7th. (Here's one of them: Anyone but Rick Caruso, "L.A.'s Donald Trump," for Mayor.)

We're off next week, as Desi gets to go see her family for the first time since before the pandemic! Nicole Sandler fills in for us for a few days. And if all goes well, we'll be back before Super Duper Tuesday! See ya then!...

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On today's BradCast: While seemingly separate issues, the school shooting in Texas on Tuesday and the same day's midterm primary elections aren't separate issues in the least. [Audio link to full show follows this summary.]

On Tuesday, at least 19 fourth graders and two teachers were murdered at the Robb Elementary School in Uvalde, Texas. As in Buffalo, New York just over a week ago, the shooter in TX was 18-years old, armed to the teeth with sophisticated semi-automatic weaponry, wearing body armor and able to easily overcome "a good guy with a gun." In Buffalo, the "good guy" was an ex-cop turned grocery store security guard who was killed trying to stop the gunman. In Uvalde it was a school security guard and two local cops --- three law enforcement officials in all --- who were unable to prevent the gunman from battling his way into the school to use the two AR-15 style assault rifles and nearly 400 rounds of ammo that he'd just purchased immediately upon turning 18 this month. All of that, thanks to the Republicans in Texas, from the Governor to the state Legislature to the Attorney General to the state's voters, who made it all not just possible, but easy.

While so much of this has become normalized, none of it actually is. We cover a lot of territory on all of this today, from the Federal Assault Weapons Ban that worked well from 1994 to 2004, before Republicans, by then fully captured by the gun lobby, allowed it to end; to President Biden's emotional and at times angry remarks in response; to the horrific increase in recent years in crimes carried out with these types of weapons; to the pathetic statements from Texas' chief law enforcement official Attorney General Ken Paxton and its Governor Greg Abbott who both worked hard to make all of this carnage not just possible but much more likely; to responses from Abbott's Democratic opponent this November, Beto O'Rourke and even the Golden State Warriors head coach Bill Kerr; to a sobering reminder from Richard Nixon's conservative Republican U.S. Supreme Court Chief Justice Warren Burger in 1991, when he made it clear that 2nd Amendment has been the subject of "one of the greatest frauds every committed on the American people."

While the demons at the NRA and in the Republican party and on the GOP's stolen and packed Supreme Court all share in the blame, so do we the people for continuing to elect the (mostly) Republican lawmakers who have helped to ensure these unspeakable tragedies will continue by refusing, for decades now, to take any legislative action at all to prevent them.

The ballot box is now our only way out.

To that end today, we also cover noteworthy results from Tuesday's critical primary elections in Alabama, Arkansas, Georgia and, yes, the very bloody state of Texas...

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I guess I'll have to keep saying it damn near every day on The BradCast between now and November (and probably for the next two years thereafter, at this rate), but anyone who tells you they know what's gonna happen in his year's elections, is just making it up outta whole cloth. Everything is changing every single day and all of it is going to effect what happens next. [Audio link to full show follows below.]

For example, before we get to our guest today, some quick news on the fallout from the stolen and packed U.S. Supreme Court's likely plan to overturn 50 years of freedom for American women's healthcare by overturning the Constitutional right to an abortion established in 1973's Roe v. Wade.

The news has been so alarming to so many that even Sen. Bob Casey (D-PA), a long time "pro-lifer", now says he plans to vote for the Women's Health Protection Act in the Senate this week to codify abortion rights into federal law. At the same time, new polling taken last week, after the leak of Alito's draft majority opinion that would overturn 'Roe', finds both good and suggestively helpful news for Democratic candidates paying attention.

The poll from Yahoo News/YouGov finds, once again, that a large majority of Americans do not want Roe overturned. More importantly, for democracy itself, voters in the survey support a generic Democratic over a generic Republican on their Congressional ballots by a 5-point margin (44% to 39%). But here's where the polling is really enlightening: "[W]hen voters were asked to choose instead between a 'pro-choice Democrat' and a 'pro-life Republican,' GOP support fell to 31% while Democratic support held steady --- more than doubling the gap between the two candidates, to 13 percentage points."

Got that, Dems?

That's just one of too many wildcards between now and November that make any sort of punditry largely useless. Another one? Well, Donald Trump's former Sec. of Defense Mark Esper was on Fox "News" this week confirming to Brett Baier that, yes, given the events of January 6th, 2021 and some other stuff, he believes "Donald Trump was a threat to democracy." Ouch.

Speaking of the January 6 insurrection and threats to American democracy, we're joined once again today by Constitutional law expert JOHN BONIFAZ, President and co-founder of Free Speech for People (FSFP), the non-profit, non-partisan good governance group helping voters to challenge the eligibility for reelection of elected officials who have "engaged insurrection" in violation of the Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3).

Bonifaz was with us several weeks ago following the sworn testimony of challenged Georgia Republican Rep. Marjorie Taylor Greene, who hedged and/or lied and/or "can't recalled" her way through questioning before an Administrative Law Judge in Atlanta. Greene claimed she couldn't remember whether she suggested that Trump invoke Martial Law (she did), whether she said Nancy Pelosi was "a traitor to the country" (she did, and admitted as much after it was clear that FSFP's attorneys questioning her had the video evidence), or that she even opposed the peaceful transfer of power on January 6th (yup, she did that on video too.)

On Friday, the state Administration Law Judge who oversaw the hearing, Charles Beaudrot, released his decision in the case, recommending that GA's Republican Sec. of State Brad Raffensperger not disqualify Greene from the ballot for lack of evidence from the challengers. But Beaudrot's 19-page decision [PDF] --- and Raffensperger's subsequent rubber stamp [PDF] --- "betrays the fundamental purpose of the Fourteenth Amendment’s Insurrectionist Disqualification Clause and gives a pass to political violence as a tool for disrupting and overturning free and fair elections," said FSFP in response. Bonifaz, today, describes major legal errors that he says must be reversed.

For example, Beaudrot completely ignored the evidence of text messages Greene sent to Trump's then Chief of Staff Mark Meadows on invoking Martial Law and Greene's own video on social media declaring, "you can't allow it to just transfer power peacefully, the way Joe Biden wants, and allow him to become our President."

Beaudrot "treats her as a credible witness," in his decision, charges Bonifaz, with "nothing about her as a witness who is not credible on the stand under oath, saying she couldn't remember, couldn't recall more than 80 times. Then you add that to the fact that days after her testimony, the revelation of the text she sent to Mark Meadows, where she did in fact advocate that Trump impose martial law to stay in power."

On top of that, he explains, the Judge also offers yet another reason to appeal. "The Georgia Supreme Court stated that, under Georgia law, 'The entire burden is placed upon the candidate to affirmatively establish their eligibility for office.' That's what the law is. [But] days before this hearing began, [Beaudrot] shifted the standard --- he reversed the burden of proof, and said it was not going to be on the candidate, it was going to be on challengers, contrary to that Supreme Court ruling."

FSFP is appealing the decision on behalf of the voter challengers they represent in GA's 14th Congressional District to Fulton County (Atlanta) Superior Court. "That's going to be before one judge. If we prevail, I'm sure Greene's attorneys will appeal to the state supreme court." Bonifaz says they plan to make every challenge possible through both the primary and general election, if necessary.

"We are not, on our end, giving up in any way," he vows. "The evidence is overwhelming that Marjorie Taylor-Greene engaged in insurrection, that she's disqualified, and our clients want us to proceed --- the voters in her district who are courageous to stand up on this --- they have been done an injustice by Judge Beaudrot."

The Greene case in GA is not the only challenge to alleged insurrectionist candidates for office. FSFP also challenged the eligibility of Rep. Madison Cawthorn in North Carolina, where a federal Appeals Court judge was seemingly stunned last week by his defense attorney's claim at their hearing that, yes, a 12-year old could run for Congress and nobody in the state could challenge that Constitutional deficiency, that it would be solely up to Congress to determine who is eligible to be seated as a member. A ruling from that 3-judge appellate panel is due soon.

And in Arizona, where the indefatigable FSFP is representing voters challenging the candidacies of Reps. Paul Gosar and Andy Biggs, along with AZ State Rep. Mark Finchem, the Trump-endorsed Republican running for Sec. of State this year, the state Supreme Court on Monday denied the right for voters to challenge candidates at all based on the Insurrection Disqualification Clause. They determined [PDF] that "no private right of action exists under the United States Constitution or Arizona law" to challenge candidates under the 14th Amendment and that "the Constitution reserves the determination of the qualifications of members of Congress exclusively to the U.S. House of Representatives."

Bonifaz disagrees, but concedes the group is out of court options in the state. However, he explains, the Secretary of State has the final word on ballot eligibility. In this case, that would be Democrat Katie Hobbs, who they've asked to disqualify the candidates. While that might otherwise be encouraging news, it should be noted that Hobbs is also on the ballot this year running for Governor. That could restrict her political options in a matter like this...but we'll see. But credit to FSFP for fighting as hard and as long as possible!

And, yes, Bonifaz tells me, the group intends to bring challenges, on the same Constitutional basis, against Donald Trump if he runs again in 2024. "Absolutely," he vows.

Finally, Desi Doyen joins us for our latest Green News Report, as "unprecedented" wind and heat in New Mexico are fanning out-of-control wildfires across the state, endangering thousands of homes and other structures. Also, wildfires in Russian Siberia are out of control as the military, which usually tensd to them, are otherwise occupied of late fighting Putin's war on Ukraine. But she's got some good news too, about cow burps! That alone may be worth tuning in for!...

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On today's BradCast: With midterm primaries in Ohio and Indiana yesterday kicking off a month of about a dozen such primaries across the country, and more to come in subsequent months, America is voting again. So, naturally, America's voting systems are failing voters again. [Audio link to full show is posted below this summary.]

In Ohio, in at least three different counties (Lucas, Cuyahoga and Williams) reports of misprogrammed systems prevented voters from casting their votes or forced them to return later in the day to do so. Electronic pollbooks used as part of computer touchscreen Ballot Marking Devices (BMDs) appear to be the culprit this time. Again. In this case, at least in Lucas (Toledo) and Cuyahoga (Cleveland) it appears the e-pollbook vendor misprogrammed them to print out barcodes on ballot cards that subsequently brought up the ballot for the wrong party when voters put those ballot cards into the BMDs to try and cast their votes. Republicans received Democratic ballots and vice versa.

The widespread failure was reportedly corrected eventually, by about 2pm. In some cases, poll workers were able to manually punch in codes to bring up the correct party ballots and precincts onto the BMD systems for voters. In other cases, voters were given printed ballots that they could fill in by hand (begging the question as to why all voters weren't simply given reliable, verifiable hand-marked paper ballots to use in the first place to avoid these ongoing electoral nightmares!) Either way, problems like these do little to foster confidence in our electoral system, particularly on BMD systems which are already 100% unverifiable after elections, making it impossible to know if votes cast via such systems actually reflect the intent of any voter.

Luckily, confidence in our voting systems hasn't been a big concern in the U.S. of late, right?

As to actual reported results of voting on Tuesday, we cover, among other things, the Democratic U.S. House race watched closed by some on the progressive left between Rep. Shontel Brown and Bernie Sanders-ally Nina Turner in the state's 11th Congressional District (which happens to touch both Lucas and Cuyahoga Counties, where voting systems failed). The contest was a re-run of last Summer's special election to fill the House seat vacated by Rep. Marcia Fudge after she was tapped to serve as Joe Biden's HUD Secretary. Turner lost once again on Tuesday, reportedly by a much wider margin this time, before suggesting in her fiery concession speech that she may be planning an independent run for President in 2024.

All of the U.S. House races in Ohio were run on a new map found by the state Supreme Court to violate the state's constitution, requiring districts that reflect the state's partisan balance after a 2018 ballot iniative for fairer maps won 70% of the vote. Ohio's Presidential contest in 2020 was about 53 to 45% in Trump's favor. Nonetheless, the new maps created by the GOP-majority Redistricting Commission in the Buckeye State will likely result in a 13 to 2 --- or maybe 12 to 3 --- advantage in favor of Republicans in Ohio's U.S. House delegation, as redistricting expert Dave Daley told me via email today. The unconstitutional map is being used in 2022 as the court challenge continues. Perhaps they'll get fair U.S. House maps by 2024. Or not.

On the Republican side of Tuesday's primaries, all of Trump's endorsed candidates --- no matter how crazy, no matter how many times they've been accused of domestic violence or sexual harassment --- won yesterday in both Ohio and Indiana. In Ohio, that even included author and former never-Trumper J.D. Vance in his bid for the GOP U.S. Senate nomination. Vance, back in 2016, said he couldn't "stomach Trump" and found him "noxious". But he changed his tune when he decided to run for the open Senate seat being vacated by retiring Republican Sen. Rob Portman. Now, Vance says, Trump's "a great President, certainly the best President of my lifetime." That was enough, apparently, to win Trump's endorsement, which appears to have catapulted Vance from third place, just a few weeks ago, to a reported win on Tuesday night. He'll be running in November against Democratic nominee Rep. Tim Ryan.

While all of this is great for Trump's considerable ego, it remains to be seen whether having a bunch of far-right, radical loons and alleged abusers who insist the election was stolen from Trump in 2020 (despite any evidence to support the claim) will be good or bad for the GOP this November. It should be a big year for them, but there are still a whole lot of X Factors that could affect so-called Conventional Wisdom on this.

Next, the voters challenging the eligibility of North Carolina insurrectionist Rep. Madison Cawthorn to run for reelection had their day in federal appeals court on Tuesday, after a Trump-appointed lower court judge tossed their Constitutional challenge to Cawthorn's eligibility under the "Insurrectionist Disqualification Clause" of the 14th Amendment. The Q&A between Cawthorn's defense attorney and one of the judge's on the appeals panel was...um...kinda mind-blowing.

As Constitutional law expert John Bonifaz of Free Speech for People, the group representing the voter challengers, summarized on Twitter yesterday: "'Let's say you want to run for office at 12 years old, or something like that,' Judge James Wynn said. 'The state can't do anything? You've got to wait until Congress says they can't run?' Cawthorn's counsel: Yes, the state has no role + must allow that 12 year old on the ballot." Even that snippet doesn't do this hearing justice. We break the whole thing down for ya today.

Then, as we try to get caught up on a bunch of stuff that's been buried by larger stories (in Ukraine, at the Supreme Court) this week, a new memoir by Trump's last Defense Secretary, Mark Esper, claims that Trump wondered why the military couldn't just shoot Black Lives Matter protesters in the street.

Finally, Desi Doyen joins us for our latest Green News Report, as unprecedented heat in South Asia is now "testing the limits of human survivability" and much more, including even some good news on Denmark going all-electric...

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