A legal fight for the integrity and public oversight of elections in the Peach State has been running in federal court for nearly eight years now. As we've reported over those years here on The BradCast, it began long before Trump and his Republican MAGA stooges dreamt up their imaginary 'Stop the Steal' scheme to pretend the 2020 election was stolen from them. The long-running suit has highlighted vulnerabilities and revealed criminal actions along the way. But, as of last night, the case may have come to an end. Our guest today, however, a lead Plaintiff in the case, vows: "This fight is far from over." [Audio link to full show follows this summary.]

FIRST UP... The madness wrought by our last election continues today, however, as layoffs begin for thousands of workers in agencies overseen by the Dept. of Health and Human Services (HHS), now directed by vaccine conspiracist Bobby Kennedy, Jr. "The cuts include researchers, scientists, doctors, support staff and senior leaders, leaving the federal government without many of the key experts who have long guided U.S. decisions on medical research, drug approvals and other issues" at the CDC, NIH, FDA and Centers for Medicare and Medicaid Services, among others, AP reports today. A coalition of Democratic state Attorneys General are now suing to block the scheme, which they describe as unlawful, charging it will result in "serious harm to public health" and put states "at greater risk for future pandemics and the spread of otherwise preventable disease, while cutting off vital public health services."

Raising attention to madness like that was just one of the reasons that New Jersey's Democratic U.S. Senator Corey Booker determined he needed to take and hold the floor of the U.S. Senate "as long as I am physically able." As of airtime, he was on the brink of breaking the all-time, 24-hour and 18-minute record for holding the Senate floor. Shortly after airtime today, he did so, before standing down after just over 25 hours. We share some of his remarks.

THEN... We've been waiting for this federal court ruling for more than a year since its 17-day trial in January of 2024. In fact, we've been waiting for it for almost eight years, since it was first filed in 2017, challenging Georgia's use of 100% unverifiable touchscreen voting systems. The state was the first, along with Maryland, to do so statewide back in 2002.

In 2019, the judge overseeing the case, U.S. District Judge Amy Totenberg, determined the state's Diebold touchscreen voting systems were so error-prone, unverifiable and vulnerable to manipulation, that she ordered they may no longer be used. In 2020, Georgia's current Sec. of State, Brad Raffensperger, defied voting system and cybersecurity experts who advised him to move the state to a hand-marked paper ballot system. Instead, with the blessing of former SoS, now Governor Brian Kemp, he moved to a new, unverifiable touchscreen voting system made by Dominion, at a price tag of more than $100 million to taxpayers. It has since proven to have many of the same vulnerabilities as the old Diebold systems. Last year's trial revealed many of those flaws.

But last night, well over a year since the trial in an Atlanta federal courtroom concluded, Judge Totenberg finally issued her 33-page ruling [PDF], lauding the plaintiffs for their "dedication to ensuring that Georgia's elections are conducted in a transparent, safe, and reliable manner," before dismissing the case entirely due to what she described as a lack of standing by the Plaintiffs to bring the suit in the first place. "Ultimately, Plaintiffs failed to establish at trial that Georgia's continued use of the [touchscreen Ballot Marking Device] will likely cause them to suffer a legally cognizable injury," she wrote in her order's Conclusion. "The Court therefore lacks jurisdiction to consider the merits of Plaintiffs' claims."

"Although Plaintiffs have not ultimately prevailed on their legal claims, their work has identified substantial concerns about the administration, maintenance, and security of Georgia's electronic in-person voting system," Totenberg ruled. "These investigative and educational efforts have prompted meaningful legislative action to bolster the transparency and accountability of Georgia's voting systems."

We're joined today --- as we have been many times over the years to discuss this case, and its many startling revelations and news-breaking findings --- by longtime election security and transparency champion, MARILYN MARKS, Founder and Executive Director of the non-profit good government group, Coalition for Good Governance, one of the case's lead Plaintiffs. Marks seemed as gobsmacked, confused and disappointed by all of this today as we were in the hours since last night's release of the judge's order.

"We haven't really absorbed this blow yet," she tells me. "After eight years to find out, 'Oh, you had no business to be here to begin with, here in court.'" Marks did her best, nonetheless, to explain the court's ruling. "She's basically said, 'You've got the right to vote. You've got the right to cast a ballot. But you don't have the right to know who you're voting for.'" That, a reference to the unreadable QR codes printed out on each ballot by Dominion's touchscreens, supposedly containing the voter's ballot selections. That QR code cannot be read or approved for accuracy by voters, however. Instead, they are asked to verify their selections on the human-readable portion of the computer-marked paper. But those selections are not used to tabulate election results.

Marks cites a 2022 race in which voters for Michelle Long-Spears, a candidate for Georgia's DeKalb County Commission, selected the candidate's name on the touchscreen, saw it on the computer-printed ballot as their selection, but could not tell that the QR Code actually registered a vote for her opponent.

Throughout the years-long course of this case, Marks, in her role as Plaintiff, helped reveal a number of troubling matters, from the fact (as demonstrated in court) that voters at the polling place are able to hack GA's Dominion touchscreens with no more than a ballpoint pen; to expert findings that resulted in a warning about these systems issued by the U.S. Cybersecurity and Infrastructure Security Agency; to the tape-recorded confession she obtained from an Atlanta businessman who detailed his role in a scheme to unlawfully access and copy the code for the proprietary statewide voting system in Coffee County, GA, and share it over the Internet with fellow MAGAs after the 2020 election. That man, Scott Hall, was one of several criminal co-conspirators charged along with Donald Trump in Fani Willis' RICO case against him and 18 others. Hall, Sidney Powell and other Trumpers pleaded guilty. Marks was the one who first revealed the now notorious Coffee County breach during the course of the case that was dismissed last night.

"Back in her decision in the Fall of 2020," as part of this case, Marks explains today, "right before the 2020 election, [Judge Totenberg] was saying that with these [new Dominion] systems, it is a matter of when, not if, this system is going to be hacked. She talked about how it cannot be audited. She went through many, many warnings for the state, that essentially this was not a good system. She seemed to agree with us on the merits for the last eight years, but now says, 'You shouldn't have been here anyway.'"

Marks asserts that Totenberg appeared to agree with Plaintiffs on the merits throughout the case and its eventual trial, as attorneys for the State, representing Raffensperger, failed to rebut Plaintiff's many world-class voting system experts and their testimony. "I don't think I read anything where she felt that [Raffensperger] presented compelling facts. Our experts presented unrebutted facts. [The state's attorneys] really had nothing other than, 'You guys are election deniers. You don't have standing. Y'all haven't really been hurt.' There was really no rebuttal on the experts' findings."

In fact, despite claims by the State, the Plaintiffs in this case never challenged the results of any election. Rather, they presented an airtight case that the systems used in Georgia can be manipulated, violate voter secrecy rights, and can't be known to reflect the intent of any voter after an election. Those unrebutted facts, which Totenberg appears to have agreed with, were not enough to overcome her final ruling --- after nearly eight years and countless findings in favor of the Plaintiffs --- that they can't show they suffer any harm with the use of these systems.

Marks says she is still discussing the matter with attorneys, but suggested she may appeal the case to the 11th Circuit Court of Appeals which has already, in a previous ruling in this case, agreed that Plaintiffs did, in fact, have standing.

For the record, Republican state lawmakers enacted a law last year that bars the use of QR Codes on ballots by 2026. Marks, however, explains why that provision is likely to put upcoming elections at legal risk and is unlikely be effectuated, as the state Legislature has, to date, failed to appropriate the nearly $70 million the law calls for to only somewhat correct Raffensperger's Touchscreen Follies.

FINALLY... Desi Doyen joins us for our latest Green News Report, as the Trump Administration declares they will be shutting down FEMA (in this middle of this year's hurricane season!); is closing coal mine safety offices around the county; and overturning landmark fees on oil and gas drillers' climate-warming methane pollution...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Computer scientists, cybersecurity experts and voting systems experts are concerned following last week's election. One of them joins us to explain on today's BradCast. Also, some personal recollections today, for reasons you will learn if you haven't already, of rightwing conspiracy-monger Alex Jones. [Audio link to full show follows this summary.]

As our friends at the nonpartisan government watchdog Free Speech for People announced on Wednesday, "A group of computer security experts have written to Vice President Kamala Harris to alert her to the fact that voting systems were breached by Trump allies in 2021 and 2022 and to urge her to seek recounts in key states to ensure election verification." The well-respected experts are hoping she will use her standing as candidate for President to seek hand recounts of paper ballots, or at least smaller so-called Risk Limiting Audits, to assure the results reported from the November 5, 2024 election are accurate as per voter intent. The vast majority of results reported at this time, and prior to certification, are tabulated only by computers --- either correctly or incorrectly. It's impossible to know without a hand examination.

The scientists and security expert concerns, as they explain in their 5-page missive [PDF] to the Veep, spring from the fact that Donald Trump supporters, following the 2020 election, unlawfully breached proprietary voting systems in a number of states, then copied and distributed the software to an unknown number of people.

We have reported here in great detail on a number of those breaches over the past several years, including most intensively in Coffee County, Georgia. There, a number of Trump supporters unlawfully accessed the statewide voting systems beginning on January 7, 2021 --- the day after the attempted U.S. Capitol insurrection --- and, as one of the participants noted on a recorded phone call, "scanned all the equipment, imaged all the hard drives and scanned every single ballot." Several members of that effort, including Trump attorney Sidney Powell, were eventually charged with felony crimes as part of Fulton County's sweeping racketeering case filed against Trump and 18 co-conspirators.

As the security experts explain in their letter to Harris, "Possessing copies of the voting system software enables bad actors to install it on electronic devices and to create their own working replicas of the voting systems, probe them, and develop exploits. Skilled adversaries can decompile the software to get a version of the source code, study it for vulnerabilities, and could even develop malware designed to be installed with minimal physical access to the voting equipment by unskilled accomplices to manipulate the vote counts. Attacks could also be launched by compromising the vendors responsible for programming systems before elections, enabling large-scale distribution of malware."

Following the discovery of the Coffee County breach in Georgia, the state's voting system vendor, Dominion, issued security patches, which the U.S. Cybersecurity and Infrastructure Security Agency (CISA) strongly urged jurisdictions around the nation which use those same systems to apply immediately. GA's Sec. of State Brad Raffensperger, however, refused to do so before the 2024 election.

"In the light of the breaches we ask that you formally request hand recounts in at least the states of Michigan, Nevada, Wisconsin, and Pennsylvania," the security experts request in their letter, while clarifying for those who may try to confuse them with Trump's "Stop the Stealers" who falsely claimed fraud in the 2020 election: "We have no evidence that the outcomes of the elections in those states were actually compromised as a result of the security breaches, and we are not suggesting that they were. But binding risk-limiting audits (RLAs) or hand recounts should be routine for all elections, especially when the stakes are high and the results are close. We believe that, under the current circumstances when massive software breaches are known and documented, recounts are necessary and appropriate to remove all potential doubt and to set an example for security best practices in all elections."

They urge Harris to move quickly because, while post-election audits of varying quality are carried out in a number of key states, many will be conducted only after certification and after the window to seek recounts that could affect election results has closed.

We're joined today by one of the seven letter writers, Professor DUNCAN BUELL Ph.D., NCR Chair Emeritus in Computer Science and Engineering at the University of South Carolina. Buell has been studying and serving as an expert on computerized electronic voting and tabulation systems for decades now.

"It's crap software," Buell tells me bluntly about systems made by ES&S, the nation's largest vendor, whose software he has studied most closely. "We know that most of the ES&S system has been exported to the web and is available to any and all bad actors. We know for sure that the Dominion system has been exported and is available. And we know from studies of both systems that they fail to provide the kinds of security issues that would prevent bad things from happening," he says.

"Given what we know, that all of this horrible software has gone into the wild, the prudent election director will take absolutely every possible method to verify that the results are, in fact, correct." But, Buell explains, unless ballots are examined by hand, "we don't know that the results we are seeing are actually the results."

He describes the software in question --- as Georgia's Attorney General did prior to the revelation of the Coffee County breach --- as "the keys to the kingdom" and argues that it is "absolutely bananas" that the tabulation of ballots and programming of the software is not verified.

We cover much more in our conversation, including a number of large, if still-unexplained tabulation errors (that were luckily discovered during canvassing) in states like Pennsylvania and Michigan; questions about a reportedly, unusually large number of so-called "bullet ballots" featuring just one single vote in last week's election, but only in battleground states; and several ways to improve the systems in the future to allow more oversight of election results to the public.

ALSO TODAY....

• Rightwing conspiracy theorist Alex Jones' Infowars website, archives, equipment, studio and more have been obtained through auction by the beloved satirical website, The Onion. The purchase is part of a judge-ordered liquidation of Jones' assets following a hard-fought, nearly $1.5 billion judgement against him won by the families of victims of the 2012 Sandy Hook Elementary School massacre, which Jones spent years decrying as a "hoax". I take the opportunity today to share a few of my own personal recollections of my run-ins with Jones in years past.

• And finally, Desi Doyen joins us for our latest Green News Report, as New York and New Jersey grapple with record drought and autumn wildfires, as climate advocates from around the globe seek solutions at the latest U.N. Climate Summit in the wake of the election of climate change denier Donald Trump, and his vows to roll back progress from the last four years...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Yikes. Busy day on The BradCast. Including some remarkable breaking news, both good and bad, throughout the hour. [Audio link to full show follows below this summary.]

Among the many stories, breaking and otherwise, on today's program...

• When the show began, the monster Hurricane Helene, barrelling toward a direct landfall near Tallahassee and the Big Bend region of Florida's panhandle, was already a dangerous Category 3. By show's end, it had become a terrifying Cat 4. As disturbingly, the storm began the day as a Cat 1! Thanks to record warm Gulf waters caused by man-made global warming, we have yet another case of deadly, rapid intensification for this storm. Experts also warn of an "unsurvivable" 20-foot storm surge on the Gulf Coast. The dangers beyond Florida, in already soaked southeastern states, are also quite serious and severe in the days ahead.

• After what Trump Republicans describe as Joe Biden's supposedly "weaponized" Department of Justice indicted and/or convicted Democratic U.S. Senator Bob Menendez (NJ), Democratic Rep. Henry Cuellar (TX), and the President's own son Hunter Biden (twice) over the past year, federal prosecutors unsealed an indictment on Thursday against NYC's Democratic Mayor Eric Adams. The Mayor, who says he will not resign, was charged on five counts related to corruption on behalf of Turkey. If the Biden's federal government has been "weaponized" against Republicans, they sure have poor aim!

• But, you know who was actually very good at weaponizing the federal government against his political enemies? Yup, Donald Trump, as a deep dive from the NYTimes' Michael Schmidt (free link) detailed over the past weekend. Time and again, during his years in office, then President Trump demanded --- and often got --- criminal and civil investigations by DoJ and highly unusual and invasive audits by the IRS against his perceived political enemies, many of whom, if they worked in the government, were also improperly fired. Schmidt also summarizes (free link) how Trump unleashed his government against such perceived enemies as F.B.I Director James Comey and other senior FBI officials; Hilary Clinton and her 2016 campaign; Obama's Sec. of State John Kerry; his own attorney Michael Cohen; News organizations and reporters at CNN, WaPo and NYT; his own National Security Adviser John Bolton; and many others. And, as Schmidt reminds us, Trump has already stated this month that he plans to do it again if elected to another term.

• Looks like its a big day for corrupt NYC Mayors! Today the D.C. Court of Appeals permanently disbarred former Trump attorney Rudy Giuliani, after New York state also permanently revoked his license to practice law earlier this Summer. The disbarments are related to the disgraced former Mayor and federal proseuctor's false legal filings claiming election fraud, without actual evidence, following the 2020 election on behalf of the loser Donald Trump.

• In related news, even as jury selection was underway in a major defamation trial in Delaware pitting voting machine vendor Smartmatic against the rightwing propaganda outlet known as Newsmax, a last minute, still-confidential settlement was struck between the parties. As CNN reports today, "The settlement is the latest in a string of 2020 election defamation cases to reach an out-of-court agreement before trial. Fox News famously settled with Dominion Voting Systems last year for a record $787 million, and the far-right channel One America News settled with Smartmatic earlier this year." They also note that "Newsmax still faces a separate defamation lawsuit over similar claims that was filed by Dominion." As referenced during the show, here is one of BRAD BLOG's exclusive investigative reports from 2010 that disgraced former Trump attorney Sidney Powell cited (and bastardized) as part of her defamatory allegations against both Smartmatic and Dominion, as subsequently echoed by all the rightwing fake news outlets and discredited and now disbarred yutzes like Giuliani.

• Finally, as the deadly Hurricane Helene speeds toward Florida, Desi Doyen has our latest Green News Report, with news on both that storm and Hurricane John (which continues to pound Mexico); how global warming has made all of these storms much worse; and Joe Biden's promotion of climate action at both Climate Week in NYC and his final address to the U.N. General Assembly on Tuesday...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

It was another not good day on The BradCast for entitled rightwingers working hard to undermine our American democracy. [Audio link to full show follows this summary.]

Among our coverage today...

• Disgraced 2020 election denier, former Mesa, Colorado County Clerk and failed Republican Sec. of State candidate Tina Peters was found guilty by a jury of her peers on Monday for seven crimes related to her 2021 breach, copy and unlawful distribution of Mesa County's proprietary Dominion voting system software that she was elected to protect.

  BACKSTORY: Peters' breach in CO, which set off alarm bells at the time among voting system experts across the country, was one of several similar schemes apparently organized, in part, by former Trump attorney Sidney Powell in a futile effort to prove the 2020 election was stolen from him. Similar breaches were carried out in Georgia, Michigan and Pennsylvania, where some of the breachers are also facing state criminal charges. Deadbeat fellow election denier and reportedly nearly bankrupt MyPillow CEO Mike Lindell, who is being sued for defamation by several voting machine companies, aided and abetted Peters' crimes in various ways after the Mesa County voting software was released while she was on stage at Lindell's silly "cyber-symposium" in South Dakota.

• Former-Democrat-turned-independent Presidential candidate Robert F. Kennedy, Jr. was found by a New York judge on Monday to have used a "sham" address to establish residency in the state where he doesn't actually live. As a result, after a four-day hearing, he will not be allowed to appear on NY's Presidential ballot. Moreover, the ruling may threaten his eligibility for some of the 19 state ballots where he has already qualified to appear and/or the 20 or so states where he is still hoping to do so.

  BACKSTORY: Back in 2011, we reported on then Utah U.S. Senate candidate Mitt Romney having done damn near the same thing. He had owned mansions in both New Hampshire and California, but, in 2010, he fraudulently registered to vote for a U.S. Senate Special Election in Massachusetts, where he had previously served as Governor, using his son's unfinished basement as his voting address. Nonetheless, despite their pretend opposition to election fraud, the Republican Party would later go on to nominate the fraudster Romney as their Presidential nominee in 2012.

• Longtime opponents of workers and organized labor unions, Donald Trump and Tesla/Twitter owner Elon Musk, held what the New York Times described as a "two-hour ramble" on Monday night, on Musk's rickety, now largely rightwing social media site. It didn't seem to go well for either of them. It began about 45 minutes late after Musk's streaming audio platform kept failing. (He blamed a cyberattack. Trump blamed China. Evidence and folks who work at Twitter/X suggested there was no cyberattack at all.) But, at some point in the conversation, Trump and Musk began cackling approvingly about the idea of firing workers who threaten to strike or join unions. On Tuesday, the United Auto Workers, who have been encouraging Tesla workers to unionize, filed legal complaints against each man charging violations of the National Labor Relations Act.

  BACKSTORY: The UAW, and almost every other major labor union, has endorsed Kamala Harris in the 2024 election. UAW President Shawn Fain appeared at a rally with Harris and her running-mate Tim Walz in Detroit last week (the one with 15,000 attendees who Trump claims were not there, but were all A.I.) and described Trump as "a scab" who "doesn't know shit about the auto industry and doesn't give a damn about the working class in this country."

• Finally, Desi Doyen joins us for our latest Green News Report, after the hottest July ever recorded; millions of gallons of raw sewage spills across parts of Florida following Hurricane Debby; and Republicans scheme, via Project 2025, to delete all federal government references to "climate change" if Trump is able to win back the White House in November...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Yesterday was a very good day for democracy in Wisconsin. On today's BradCast, we take a few minutes to celebrate. [Audio link to full show follows this summary.]

We have been covering the GOP's autocratic takeover of the state following the 2010 elections for some 13 years at this point. After the 2010 Census, state Republicans implemented one of the most extreme gerrymanders in the nation at both the legislative (state Senate and Assembly) level as well as for their U.S. House districts.

The gerrymanders were so extreme that, despite Democrats winning 14 of the past 17 statewide elections in the Badger State, Republicans have maintained super-majority or near super-majority control of both chambers of the Legislature for more than a decade. Meanwhile, WI's 8-seat U.S. House delegation includes just 2 Democrats in the very closely divided Presidential battleground state.

With no fear of losing their legislative majorities, Republicans ran wild. They stripped labor unions of their right to collective bargaining, loosened gun safety laws, suppressed voters, etc. over the past decade. But, as of last year, everything finally began to change when voters finally won back a progressive majority on the state Supreme Court. The day after the liberals 4 to 3 majority was seated, voters filed a challenge to the Constitutionality of the state's legislative gerrymanders and they won. The Court ordered that new maps must be drawn up in time for the 2024 elections.

On Monday, after declaring, "Folks, it's a new day in Wisconsin, and today is a beautiful day for democracy," the state's Democratic Governor Tony Evers signed legislation adopted by the gerrymandered Assembly and House last week, approving new fairer legislative maps that Evers' office itself had drawn up for the state. Those maps will now take effect for this year's elections and democracy may, at long last, be at least partially restored to the Badger State.

We're joined today by our old friend, longtime Wisconsin native and progressive journalist and author, JOHN NICHOLS of The Nation, to discuss all of this very good news --- not for Democrats, per se, but for voters and democracy itself.

"The Republicans tried everything" to prevent this from happening, he tells me. "They threatened to impeach one of the Supreme Court justices. They tried all sorts of stunts." But, on the verge of the high court handing down its own maps, which would arguably have been worse for Republicans, "the very wily Speaker of the State Assembly, Robin Vos, decided he had no options, so he passed the Governor's maps."

Those maps, notes Nichols, are "not a particularly good set of maps for Democrats. In fact, Democrats have a little hill to climb in order to win." He explains, however, that "if it's a good year for the Republicans, it's very likely the Republicans are going to control the legislature. If it's a good year for the Democrats, there's a decent chance that Democrats will control the legislature." That, of course, is how representative democracy is supposed to work, after all.

As Evers declared before signing the measure on Monday: "When I promised I wanted fair maps --- not maps that are better for one party or another, including my own --- I damn well meant it." He added, "Wisconsin is not a red state or a blue state --- we’re a purple state, and I believe our maps should reflect that basic fact."

Interestingly enough, Democrats in the Legislature voted against the Democratic Governor's maps...before celebrating their adoption. We discuss why. But, Nichols also notes this bottom line: "If the Democrats take both chambers of the legislature" this year with the Democratic Evers in the Governor's mansion, "they will be able to, in a matter of weeks, reverse" more than a decade of GOP power grabs and union stripping, not to mention the state's 1849 anti-abortion law and much more. "Every disappointment that Democrats have had over the last twelve, thirteen years could be undone," Nichols argues, and almost as quickly as Republicans implemented their regressive policies (even while they had to bulldoze the rule of law to do so.)

"Look to Michigan," advises Nichols. "Because Wisconsin is still in process. Wisconsin is still struggling to get there. Michigan got there. They got independent redistricting which drew fair maps after the 2018 election. In 2022 they had fair maps, finally, after a long process. They elected a Democratic state assembly [and] a Democratic state senate. On Tuesday, the laws officially went on the books eliminating their anti-labor 'right-to-work' law, expanding collective bargaining rights for teachers and graduate students, restoring all sorts of wage protections for construction workers. Michigan has now gone --- just a couple of years ago --- from being one of the more anti-labor states in the northern part of the country to having probably the best, or very close to the best, labor laws in the country. That's what you get when you don't give up. You get to actually transform it."

We also discuss who gets credit for this long-fought win in WI, from the state's indefatigable Democratic Party Chair Ben Wikler who declared on Monday that "the long, dark night of ultra-partisan gerrymandering is over, and a new day for democracy now dawns in the Badger State," to the progressive grassroots activists who, says Nichols, deserve "the most credit."

And the lesson for other states to take from Wisconsin, as litigation continues in more than a dozen of them over both legislative and the U.S. House districts (including in WI, where that gerrymander could also soon be ended by the state Supreme Court): "Don't give up," urges Nichols, echoing the words, by the way, of the late Russian dissident Alexei Navalny.

ALSO TODAY:

• The U.S. Supreme Court rejects an appeal from Trump attorneys Sidney Powell and six others, of the $150,000 in legal sanctions they were forced by a judge to pay for abusing the court system in Detroit via Powell's sham, post-2020 "Kraken" lawsuit, challenging the results of MI's election that year.

• A bedtime story to help you understand the propaganda now coming from Trump supporters claiming there were "no victims" in the New York civil lawsuit against Trump and his company and two eldest sons for inflating the value of their assets to the tune of more than $2 billion each year over the past 11, to receive better rates on bank loans and lower taxes. Last Friday, NY Superior Court Judge Arthur Engoron ruled [PDF] Trump and his eldest sons must pay nearly $400 million in penalties for their decades-long fraud.

• And finally, Desi Doyen joins us for our latest Green News Report, to bunk our high over all of today's good news (as usual!) with some chilling reports on Florida's disappearing coral reefs; the plastics industry's 50-year recycling scam, and nearly half of the world's migratory species now in decline thanks to climate change, according to a new U.N. report...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

The long-awaited trial over Georgia's vulnerable voting systems has finally come to a close. As reported on today's BradCast: Last month, one of the plaintiffs' experts demonstrated in court that the state's vulnerable touchscreen voting systems can be hacked in about 5 seconds by one person, with nothing more than a ballpoint pen. And the state, for its part, defended itself by demonstrating that apparently nobody --- nobody! --- is in charge of cybersecurity for the statewide computerized voting systems used by every voter at every polling place in the critical battleground state. [Audio link to full story follows below this summary.]

After a few quick news updates at the top of the show --- including on the climate change-fueled atmospheric river raining down on us out here in Southern California today --- we're joined LIVE in studio by Free Speech for People's Senior Advisor on Election Security, SUSAN GREENHALGH, on the heels of the three-week civil trial in federal court that finally wrapped up late last month.

The case, originally filed way back in 2017, is called Curling v. Raffensperger. Plaintiffs are election integrity experts (real ones, not pretend Trump ones) challenging the use of Georgia's touchscreen voting systems, hoping to force the state to move from vulnerable, unverifiable touchscreens to verifiable hand-marked paper ballots before the 2024 Presidential election. Greenhalgh has been advising plaintiffs in the case for a number of years. She was in the courtroom in Atlanta last month for much of the trial which began on January 9 and ended just over a week ago. (Daily court transcripts for each day of the trial are now posted here.)

The suit is led by the Coalition for Good Governance, a non-partisan election watchdog group headed up by frequent BradCast guest Marilyn Marks. It was during the course of pre-trial discovery that Marks discovered that Trump-lawyer Sidney Powell, and others on Team Trump, actually organized a scheme to breach the statewide voting systems in the Coffee County, GA elections office beginning on January 7th, 2021. The were given access to the systems by the local elections supervisor at the time and proceeded to copy its sensitive software before distributing it to parts unknown across the Internet. The unprecedented breach of GA's touchscreen voting systems and the central Election Management System (EMS), was never actually investigated by Sec. of State Brad Raffensperger's office. It did, however, result in criminal charges against five co-conspirators among the 18 others charged along with Donald Trump in Fulton County, GA's broad felony indictment for his failed attempt to steal the state's 2020 Presidential election.

This civil case, however --- filed in federal court long before Trump pretended to have won the 2020 election --- seeks only to end the use of the state's vulnerable Dominion touchscreen systems. During the course of the trial, the plaintiff's expert, Dr. Alex Halderman, long time cybersecurity and voting system expert from the University of Michigan, demonstrated how he could take over control of one of the voting machines with little more than a ballpoint pen, without violating any of Georgia's security protocols or so-called "tamper evident security seals." In just seconds, Halderman revealed to the court how he could achieve "Super User Access" on the machines, allowing a bad guy to insert malware or take over any other number of system functions in that administrative mode. (Halderman has made clear he has found no evidence of fraud in GA's 2020 election.)

During the course of the trial, as Greenhalgh reports today, the state's Election Director conceded he didn't even know such a hack was possible, despite a detailed report Halderman submitted in the case several years ago. The State Election Director, apparently, never bothered to read it.

The State, however, for its part, maintains their systems are completely secure, despite a mountain of expert evidence to the contrary. Sec. of State Raffensperger is responsible for mandating the use of these machines for every voter at every polling place in the state. That, after the same judge in the same case, back in 2019, banned the use of the state's 20-year old touchscreens made by Diebold. Rather than move to hand-marked paper ballots, Raffensperger ignored the advise of cybersecurity and voting system experts and replaced the old Diebold touchscreens with new ones made by Dominion, with many of the same (and additional!) security flaws as the old systems.

During the course of the trial, as Greenhalgh breaks down today, nobody from the Office of Sec. of State was willing to identify who was in charge of cybersecurity for the 35,000 voting machines used across Georgia. "There was a bit of a 'Who's On First' routine" during the trial, she explains. The State Election Director, for example, testified that cybersecurity was the job of the State's Chief Information Officer (CIO). The CIO, however, testified that wasn't part of his portfolio, pointing back at the State Election Director. Raffensperger's office finally seemed to have settled on Dominion as the ones who were in charge of cybersecurity for Dominion voting systems in GA, the same company who created the vulnerable systems in the first place. "The Fox guarding the hen-house," quipped Greenhalgh.

Nobody from Dominion testified during the trial, she explained. And Raffensperger was similarly allowed to avoid testimony after appealing the District Court's mandate to do so up to the 11th Circuit Court of Appeals, which allowed him off the hook just days before the trial finally got underway. That, as his offices refuses to apply security patches urgently recommended by the U.S. Cybersecurity and Infrastructure Agency (CISA) based on the information in Halderman's report on GA's voting systems.

During the course of the trial, the judge, says Greenhalgh, cited "inconsistent candor" of state officials. As to the Coffee County Breach, she notes, the Sec. of State's "investigator got up on the stand and, under oath, said, 'I was told to hold off and not investigate.' He was asked specifically: 'So, did you perform any investigation activities?' 'No.' 'Did anyone else?' 'No, not to my knowledge...No, there was no investigation.'"

As you can tell, there is much to discuss with Greenhalgh on today's sorta mind-blowing edition of The BradCast, after the State's Defense rested and we now await a verdict from U.S. District Court Judge Amy Totenberg. That ruling could finally come...well, whenever. No rush. The Presidential Primary in Georgia is on Super Tuesday, March 5, exactly one month from today. Is it possible a ruling could come in time to save the 2024 general election this November?

We discuss all of that and much more with Greenhalgh on today's program. Buckle up...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

If, by now, you don't realize that Republicans are attacking both democracy and the rule of law itself in this country, I don't know what world you live in. But on today's BradCast we've got two fresh --- and disturbing --- examples/warnings. [Audio link to full show follows this summary.]

FIRST UP today: Did the far-right, pro-Trump propaganda outlet called One America News (OAN) obtain passwords for employees of voting system vendor Smartmatic and then share them with Trump attorney Sidney Powell after the 2020 election? That appears to be what Smartmatic is charging in recently filed court documents, according to CNN, as part of its billion dollar defamation lawsuit against the fake Trump TV "news" outlet.

OAN was just one of many such rightwing outlets that echoed and forwarded Team Trump's false claims of election fraud in 2020. OAN was particularly aggressive in their evidence-free mission to hoax viewers into believing that systems made by Smartmatic and Dominion, another voting system vendor, flipped votes to help Joe Biden that year. The claims against Smartmatic were particularly absurd, given that the company has just one contract in the U.S. for voting systems. That is here in Los Angeles County, were Biden reportedly defeated Trump in 2020 by nearly 2 million votes.

As explained today, however, the reason that the pretend "election integrity" advocates who emerged on the right following 2020, only to offer evidence-free claims and falsely tie Smartmatic to Dominion (and Venezuela's dead former President Hugo Chavez), is likely thanks in no small part to some exclusive reporting we did on the two companies here at The BRAD BLOG, circa 2008 to 2010, which was cited and bastardized by Powell and others on the right after 2020. You're welcome!

NEXT UP: A new legal chapter in a story that deserves much more coverage than it has received to date. In one respect, it's not surprising that it hasn't received much coverage, given that it is based on an absurd legal premise --- one already rejected by the U.S. Supreme Court --- that few thought would ever advance beyond the Trump-appointed U.S. District Court judge who initially gave it credence in a redistricting lawsuit filed by the ACLU on behalf of the NAACP against the state of Arkansas in 2022.

In short, the case was dismissed [PDF] before reaching the merits by U.S. District Judge Lee Rudofsky on the novel grounds that neither voters nor private organizations like the NAACP have the right to sue to enforce Section 2 of the Voting Rights Act. Only the U.S. Attorney General may do so, according to the Rudofsky. That news must have come as a great surprise to the hundreds of private plaintiffs who have successfully hundreds of such cases since adoption of the landmark Act in 1965. It also may come as a surprise to the U.S. Supreme Court which, as recently as last June, ruled in favor of private litigants in a redistricting lawsuit against the state of Alabama. Congress is likely shocked as well, given they have reviewed, rewritten and reauthorized the VRA several times since 1965, without ever noticing there was no private right of action to enforce the law.

While the initial ruling was ridiculous enough, a split decision by a three-judge panel on the 8th U.S. Circuit Court of Appeals in November, incredibly, allowed the lower court ruling to stand. But it got even more absurd this week, when, on Tuesday, the full en banc 8th Circuit Court of Appeals voted 7 to 3 deny a rehearing of the matter, upholding the original lower court's radical, unprecedented ruling. The ACLU described the ruling as "appalling and unjustified," after "More than 400 Section 2 cases have been litigated in federal court in the past four decades to protect the voting rights of racial and language minorities. Private plaintiffs have brought the vast majority of them."

The 8th Circuit, comprised of 10 Republican appointees and one appointed by a Democrat, is not even considered the most radical in the nation. That would be the 5th Circuit Court of Appeals which has recently rejected the notion --- along with SCOTUS --- that there is no right to private action for voters to sue under Section 2.

We're joined today by CHRIS GEIDNER, longtime legal journalist at Law Dork, to explain this gob-smacking series of rulings and what they mean moving forward, as the matter almost certainly will head to the U.S. Supreme Court. For now, the ruling is the law of the land "only" in the seven states that comprise the 8th Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota). That could change, however, once the notoriously anti-VRA High Court gets a crack at this case.

Geidner decries the "out-of-control" appeals courts which seem to no longer believe it is necessary to follow long-standing precedent, if it regards laws that they don't like. "And then things go up to the Supreme Court," he charges, "and it's almost a win-win for the conservatives on the Supreme Court because if they reverse one or two of every three ridiculous decisions, they are able to set themselves up as a 'moderating' force that pulls back the extremes, while they are still letting one of every three extreme rulings go through."

"One of the underlying bases for a legal system is stability," Geidner tells me today. "When you have a legal system that is in such upheaval that lower courts have been told from the Supreme Court that 'No precedent is too sacred. We will overturn any precedent if we decide it should be overturned,'" that leads appellate courts to think that "if there's a chance that their opinion can lead to a revisiting of a precedent that they think is wrong, why wouldn't they go for it?"

"The answer," he notes, "is the rule of law, and they shouldn't. That's up to the Supreme Court, and until the Supreme Court does it, they need to follow precedent. But that's not the world in which we are living."

We also get some thoughts today from Geidner on the curious, now nearly month-long delay by a three-judge panel on the U.S. District Court of Appeals in D.C. to issue their ruling in response to Donald Trump's ridiculous claim that he is immune from criminal prosecution for any actions he performed while serving as President. A ruling was expected by many to have been issued by now. The case was heard on an emergency basis, as Trump's scheduled March 4 federal trial for attempting to steal the 2020 election is currently on pause in the bargain. But, Geidner notes that "the fact that we are quickly approaching a month" since the case was heard by what appeared to be three skeptical jurists, it is now beginning to look like "a dereliction of duty" and "a failure on the D.C. Circuit's part."

Stay tuned...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

We're still fighting COVID, but we think we're almost over the hump on today's BradCast, just as a long awaited voting system trial in a critical swing-state is finally set to begin. [Audio link to full show follows this summary.]

On Friday, just as Desi had days earlier, I too tested positive for COVID. After avoiding it for four years, we both finally got hit. But, thanks to keeping up with our boosters, free rapid home tests and the miracle anti-viral drug Paxlovid, both she and I are almost back to normal this week. She is now testing negative and I am, very faintly, still positive, but suspect I'll be fully clear by tomorrow. Most of our symptoms are gone and, most importantly --- because we were both positive --- we're able to be in the same room again! So, I think we're finally back to our usual schedule after an unexpectedly long holiday break and a bumpy start to what is likely to be a very bumpy new year.

As it turns out, we're not the only ones swept up among the largest spate of cases in the U.S. since the initial Omicron wave back in late 2021. Cases, hospitalizations and deaths are still on the rise. If you haven't already, please get your COVID and flu shots this year, as that is also seeing a big bump right now. And, if you want to get over COVID quickly, ask your doctor for Paxlovid as soon as you test positive, because it must be taken right away. It has certainly worked wonders, so far, for us.

With that medical sidebar out of the way, for now, we're back to the grind of the 2024 elections and the former President's threat to American democracy itself on today's program. Last week, Donald Trump failed to sign a pledge against advocating for the overthrow of the government in his Illinois candidacy paperwork, despite signing the optional pledge when he ran in both 2016 and 2020.

And, on Friday, President Biden, in his campaign launch in Valley Forge, Pennsylvania, called out Trump, by name (44 times), including as an "insurrectionist". During his remarks, marking the third anniversary of Trump's deadly January 6, 2021 U.S. Capitol attack, Biden also finally took our advice in calling out Trump in plain language for what he tried to do in 2020: "In trying to rewrite the facts of January 6th, Trump is trying to steal history the same way he tried to steal the election."

Thank you, Mr. President.

As to helping to prevent another attempted election theft in 2024, the long-awaited federal trial finally begins in Georgia this week in Curling v. Raffensperger, the 2017 lawsuit led by our friend Marilyn Marks of the Coalition for Good Governance. The suit seeks to the block the use of Georgia's insecure, unverifiable touchscreen voting systems made by Dominion and see them replaced with verifiable hand-marked paper ballots in the battleground state.

In 2019, the federal judge overseeing the case, U.S. District Judge Amy Totenberg, blocked the further use of the state's old touchscreen voting systems made by Diebold, finding them to have unconstitutional security infirmities. Unfortunately, against the advice of cybersecurity and voting system experts, GA's Republican Sec. of State Brad Raffensperger then moved the entire state to touchscreens made by a different manufacturer with many of the same problems featured in the old systems.

This is also the case which uncovered, during the discovery phase in 2022, the now-notorious Coffee County, GA voting system software breach by Team Trump. That unprecedented theft and distribution of sensitive voting system software resulted in the indictment [PDF] of Trump attorney and breach organizer Sidney Powell as part of Fulton County, GA District Attorney Fani Willis' criminal conspiracy charges against the disgraced former President and 18 co-conspirators.

As Washington Post detailed in its own lengthy preview on Sunday, the trial, set to begin this week, has already resulted in MAGA election deniers and conspiracists like MyPillow CEO Mike Lindell pretending to be vindicated by one of the judge's earlier rulings finding that the Curling plaintiffs, unlike Lindell, are not "conspiracy theorists of any variety" and that, as Judge Totenberg found, they have the support of "some of the nation's leading cybersecurity experts and computer scientists."

Those scientists and experts have documented how the touchscreen systems used across the entirety of Georgia (and in jurisdictions in more than a dozen states) are wildly "vulnerable" to hacking and system failure, even as no evidence has been found that the 2020 or 2022 elections were actually hacked. As Judge Totenberg noted in a 2020 ruling, the plaintiffs "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."

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at Free Speech for People. She has worked very closely on this case with the plaintiffs from Coalition for Good Governance and has joined us on the program many times to discuss it since it was initially filed seven years ago.

Among the details discussed in today's "curtain raiser" before trial: How Democrats have become frightened of challenging unverifiable voting systems in the wake of the MAGA election denial movement. The gob-smacking ruling on Friday from the 11th Circuit Court of Appeals that Raffensperger does not have to testify as a witness, despite the lower court judge ordering him to do so, and Raffensberger's insistence [PDF] in his own recent book, amusingly titled Integrity Counts, that "the ultimate fact-check in the United States...occurs in courts of law, where witnesses swear to tell the truth or risk imprisonment and where lawyers must also tell the truth or risk disbarment. If you want to know the truth, watch what happens in court."

Sadly, we won't be able to watch Raffensperger in court. He fought tooth and nail up to the appellate level to avoid 75 minutes of testimony as a witness in the Curling case.

Also, as Greenhalgh explains today, Raffensperger has now ordered the election security reviewer at the Sec. of State Office's "not to provide any reports in writing any longer, to only give them orally." She describes the order as "really strange," begging the question, yet again, as to why the rightwing 11th Circuit would allow Raffensperger to avoid testifying.

"There are a lot of questions that Raffensperger should be answering," she argues, while noting that despite the absence of the guy who, in defiance of experts, ordered the use of these machines in the first place --- and then failed to investigate the 2021 MAGA breach and distribution of statewide voting system software in Coffee County for more than a year --- there is still plenty of evidence for plaintiffs to make their case against these godforsaken, unreliable, unnecessary voting computers in advance of the 2024 general election.

"There are a lot of questions that really should have been answered by Raffensperger," Greenhalgh laments, before adding : "But they still have overwhelming evidence."

The trial is scheduled to begin in federal court in Atlanta on Tuesday...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

This is just getting ridiculous. As detailed on today's BradCast, the long-awaited, criminal report from the Georgia Bureau of Investigation (GBI) on Team Trump's unlawful January 7, 2021 breach, copying and distribution of Georgia's statewide voting system software in rural Coffee County, appears to leave out more than it includes! [Audio link to full show follows below this summary.]

Our guest today is ANNA BOWER, Legal Fellow and Courts Correspondent at Lawfare. She recently obtained the report [PDF] and yesterday published extensive coverage under the headline, "What the GBI Missed in Coffee County: At almost 400 pages, the Georgia Bureau of Investigation report on the Coffee County caper looks impressive. It's not."

"One could be forgiven for thinking initially that the GBI's report on Coffee County is an authoritative account. It is, after all, nearly 400 pages long, and those pages summarize a voluminous body of evidence. ... But the document turns out to reflect a less vigorous investigation of the effort to unlawfully access the state's voting machines than may initially appear," Bowers reports.

In fact, she continues, "The document suggests, rather, that the GBI did not investigate the Coffee County affair fully at all. The agency relied almost entirely on the previous work of civil litigants [that would be frequent BradCast guest Marilyn Marks and her Coalition for Good Governance] and the House Select Committee to Investigate the January 6th Attack on the United States Capitol. It failed to seek interviews with key witnesses, and it omitted relevant evidence that is readily available in public documents."

And yet, GA's Republican Sec. of State Brad Raffensperger has been citing the GBI's long-running investigation as one of the reasons that his office has taken virtually no action over the past two and a half years in response to the unprecedented breach which threatens the legitimacy of next year's Presidential election in the critical battleground state. He has even ignored the U.S. Cybersecurity and Infrastructure Security Agency's warning to immediately apply security patches created by Dominion Voting Systems following the breach.

While Fulton County District Attorney Fani Willis has brought criminal charges [PDF] against five of Donald Trump's alleged co-conspirators involved in the scheme --- including Trump attorney Sidney Powell, Atlanta bail bondsman Scott Hall (both of whom have pleaded guilty), former Coffee County GOP Chair and fake elector Cathy Latham and former Coffee County Election Supervisor Misty Hampton (both of whom pleaded not guilty) --- there were dozens more involved in the plot that have yet to be brought to account by anyone.

Moreover, according to Bower, GA's Republican state Attorney General Chris Carr, who has also cited the GBI's criminal probe as explanation for a lack of state charges to date, has "been ill served" by his investigative department. Maybe, however, like Raffensperger and the State Board of Elections, he's just fine with that.

While there is almost zero new information of note in the GBI's long-awaited report, as Bower details on today's program, the state agency inexplicably leaves out enormous, well known chunks of the story --- such as the infamous Trump Oval Office meeting on December 18, 2020 when the Coffee County plot was hatched with Powell, Rudy Giuliani, Michael Flynn and others who were not interviewed in the agency's criminal probe. "In total," Bower explains, the GBI "interviewed only about 15 individuals" in their year and a half probe, "Many, if not most, of those interviews were conducted in under an hour."

"This account does not even attempt to answer certain key questions. Who devised the plan to access voting systems in Coffee County? When did the plan first arise? Who or what connected the then-president's attorneys to several locals in rural South Georgia? The report bizarrely omits readily available facts that help connect these dots."

On today's show, we attempt to connect at least some of the dots that the GBI didn't bother to, including those involving bedding impresario Mike Lindell and his still-unexplained, two-hour visit to the County in his private plane after flying from Mar-a-Lago to D.C. and back down to rural Southeast Georgia just prior to the breach; why the GBI would be seemingly be working so hard to cover up what actually happened; and why all of this is critically important to the state's (and nation's!) 2024 elections.

"For Georgians who care about elections, for Georgians who think that it's very serious that the then-President's legal team, aided by local allies in Coffee County, had a plot, a conspiracy, to copy and distribute Georgia's most sensitive voting system data, that is incredibly serious, and it warrants a serious investigation. And that just didn't happen here," Bower tells me.

"Georgia continues to use the same software and the Sec. of State's office has said there will not be an update before the 2024 elections. Election security experts have said that means that we could have increased risk in terms of vulnerability during the 2024 election. That software data that has been distributed and is still out in the wild from Coffee County [and] could be used for disinformation campaigns, because people can take the otherwise legitimate data, and make it look either edited or selectively presented. Adversaries could basically use that software to test it for vulnerabilities, and then potentially use that in the future for subverting the operation of that software through malware or other" means.

Federally, she observes, she has seen few signs that Special Counsel Jack Smith is investigating "these multi-state breaches. That, in itself, is concerning"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

You may have noticed the nation is a bit of a tinder box right now. If the currently presumptive 2024 GOP nominee loses in Georgia again next year and just one precinct, out of thousands in the state, experiences something akin to what happened last week during elections in Northampton County, Pennsylvania... well, I don't even wanna think about the likely ramifications. Though we do discuss that today as part of our BradCast, which focuses almost exclusively on election-related lawsuits and criminal cases in the Peach State. Our guest is one of the plaintiffs in one of the most important cases you probably haven't heard about on your favorite cable news station. [Audio link to full show follows this summary.]

The long-awaited Curling v. Raffensperger voting system trial is finally set to begin in Atlanta in January, just after the start of the new Presidential election year in the critical battleground state Originally filed in 2017, the long-running federal lawsuit has already been extraordinarily consequential.

Among other things, it resulted in the 2019 banning of Georgia's then nearly 20-year old, unverifiable, insecure touchscreen voting systems made by Diebold after the judge still overseeing the case, U.S. District Court Judge Amy Totenberg, found the systems so deficient that their use was determined to be in violation of the U.S. Constitution.

In response, and ignoring the advice of voting system and cybersecurity experts, GA's Sec. of State Brad Raffensperger replaced the Diebold systems with newer, similarly unverifiable and insecure touchscreen voting systems made by Dominion. The plaintiffs challenged the use of those systems on similar Constitutional grounds, hoping to see the state move to verifiable hand-marked paper ballots at all polling places, where voters are now forced to vote on the unverifiable touchscreen systems. Raffensperger has refused.

As AP noted last weekend, the case also "spawned a landmark expert report that identified vulnerabilities in the election system used in Georgia that led [the US Dept. of Homeland Security's Cybersecurity and Infrastructure Security Agency (or CISA)] to issue an advisory" to all jurisdictions around the nation that use the same equipment, recommending they immediately apply security patches produced by Dominion to mitigate at least some of the systems' known insecurities. Raffensperger stunned the federal court in Atlanta earlier this year when his office announced they do not plan to apply the recommended security patches until after the 2024 Presidential election in the highly contested swing-state.

Perhaps most famously (or infamously?) the Curling case also resulted in the revelation of the January 7, 2021 statewide voting system software breach in Coffee County, GA. That led to the criminal indictment of Sidney Powell and four others, with Donald Trump, in Fulton County D.A. Fani Willis' sprawling racketeering conspiracy case against the former President and 18 alleged co-conspirators. The revelation of the unprecedented Coffee County breach, copying and Internet distribution of Dominion's sensitive software occurred when Atlanta bail bondsman, Scott Hall (who, along with Powell, has since pleaded guilty in the indictment), called and essentially confessed the entire plot to one of the plaintiffs in the 'Curling' case, who was smart enough to record the phone call. That call was originally aired by The BradCast in May of 2022.

That plaintiff, MARILYN MARKS, longtime, indefatigable election integrity champion and Executive Director of the non-profit good government group, Coalition for Good Governance, is once again our guest on today's program, as she and her team prepare for trial against Raffensperger and GA, now set by Judge Totenberg to begin on January 9th.

Late last week, Totenberg released a 135-page Opinion and Order [PDF], denying the State's attempt to dismiss the case and setting a trial date. For clarity, she took pains to note: "the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation's leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs' case in the long course of this litigation."

In the Order's conclusion, the federal judge emphasized: "The importance of the security, reliability, and functionality of state election systems, classified by the U.S. Homeland Security Department as critical national infrastructure, cannot be overstated in a world where cybersecurity challenges have exponentially increased in the last decade. The dynamics of how a breach in one part of a cyber system may potentially carry cybersecurity reverberations for the entire system for years to come exemplifies the important concerns raised in this case."

But, Totenberg also writes in her ruling that she is unable to order the use of a new voting system for the State, asserting that only the Legislature may do that. Thus, she urges the parties to find a compromise resolution. Nonetheless, as Marks explains today, this same judge, who will oversee a bench trial without a jury, found the old Diebold systems so dangerously deficient nearly five years ago, that she not only found them unconstitutional, she barred their use in any further Georgia elections.

"We've never asked for her to order hand-marked paper ballots," Marks clarifies today. "That ultimately just becomes the default, because state law already says that if the electronic system is not working, hand-marked paper ballots is what you go to. That's what the law says." She notes that Judge Totenberg "has the power to enjoin unconstitutional behavior, and that's what we are asking her to do."

"No amount of software patching is going to fix this Constitutional problem. No amount of so-called auditing. You can't do a real audit with those machine-printed ballots," argues Marks. After an election, only hand-marked paper ballots can be known to have been verified by the voter. Studies have found that voters didn't notice more than 93% of the time when a touchscreen voting system flipped their vote on a computer-printed paper ballot summary.

Last week, in Northampton, PA's elections, similar touchscreen Ballot Marking Devices to those used all across GA were showing voter selections one way on the screen in two different contests, in some cases, but printing the opposite on the paper that gets tallied. Imagine if that occurred in even one precinct next year in GA with Trump on the ballot. That is among the nightmare scenarios Marks is hoping to side-step by forcing the state to finally dump their insane --- and insanely expensive --- statewide system.

She says the solution is simple and inexpensive and can be done immediately. Emergency hand-markable paper ballots are already required at every precinct in the state. Just print more of them, and use the existing scanners in each polling location to tally them. "70% of Americans vote this way. This is not hard," Marks asserts. "Of course, the State pretends that it would take rocket science to make this happen."

There is, to say the least, much at stake in this upcoming trial, even as it is not receiving nearly the amount of attention of the other election-related case underway in GA right now, the Fulton County criminal case against Trump and his co-defendants. On that, we have some news as well on today's program, including...

• An attorney for defendant Misty Hampton, the former Coffee County Elections Director, claims he is the one who leaked video proffers of Powell, Hall, and Trump attorneys Ken Chesebro and Jenna Ellis to the media. But is he really?
• Willis is seeking the jailing of co-defendant Harrison Floyd for attempted witness intimidation. He is among those indicted in the conspiracy for threatening Atlanta election workers Ruby Freeman and her daughter Shaye Moss over false claims that they carried out ballot fraud in 2020.
• And Freeman and Moss are now seeking between $15 and $43 million from former NYC Mayor and Fulton County co-defendant Rudy Giuliani in their civil defamation trial against him in federal court. The Judge in that case has already found Giuliani liable. The D.C. trial set to begin in December against him will now determine how much he'll have to pay to the two women.

Finally, Desi Doyen joins us for our last Green News Report before our Thanksgiving break! We will be off --- from both The BradCast and GNR next week. So we send our best and thanks to everyone! We will return after the holiday...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Today's BradCast picks up, by and large, where yesterday's show warning, left off. [Audio link to full show follows this summary.]

Among the stories covered today...

• First up, it looks like the U.S. House has passed a Continuing Resolution to temporarily fund the federal government through early next year in advance of this Friday's otherwise scheduled shutdown date. With the farthest right of the GOP House conference balking, of course, Democrats were once again needed to save the day to pass the measure, which now heads to the Senate for likely adoption. New Speaker Mike Johnson's move is the exact same thing that got then Speaker Kevin McCarthy tossed from his Speakership by the extremists in his own caucus. Johnson, however, is apparently being given a pass, for now.

• Then, we return to my argument from yesterday regarding the failure by most of the corporate media to properly inform the electorate about the two currently most likely candidates to win next year's 2024 Presidential nominations. In the case of President Biden, media are failing to accurately and proportionately report on his remarkable successes. In Donald Trump's case, they are still not fully covering the very real threat his own promised policies for a second term present to the nation.

  But some are getting it, including former Republican Congressman turned morning show host Joe Scarborough and his guest yesterday, global politics Professor Brian Klass. After Scarborough cited Trump's recent Nazi-like rhetoric for what it is, Klass made clear, in no uncertain terms: "I study the breakdown of democracy, and I don't know how to say this more clearly: We are sleepwalking towards authoritarianism, and people are not waking up to this."

• After receiving blow-back for Trump, at a Veterans Day rally over the weekend, describing his perceived domestic enemies as "vermin", just as Hitler and Mussolini did before him, Trump Campaign spokesman Steven Cheung attempted to reject the criticism from some corners over the remarks...by doubling down in a statement promising that Trump opponents' "entire existence will be crushed when President Trump returns to the White House.” --- Not really helping, Steve.

• Moreover, after a number of chilling recent news reports cited Trump's own vows, along with his campaign's and affiliated outside rightwing groups to create extremist plans for a second term in office --- including promises to prosecute, jail and even execute opponents and to construct major "camps" to hold millions of immigrants and homeless Americans --- his Campaign's co-managers, Susie Wilies and Chris LaCivita, issued a statement hoping to downplay detailed policy plans issued by anyone but the campaign as "purely speculative" and "merely suggestions". Unfortunately, many of those plans have been discussed with media by former top White House officials and Trump loyalists like Stephen Miller at the suggestion of the Campaign itself. And, as the New York Times observes, "the most incendiary rhetoric and proposals have come from Mr. Trump’s own mouth."

• A judge in Michigan, just before airtime today, rejected a challenge to Trump's candidacy under Section 3 of the 14th Amendment, which bars those from public office who, after taking an oath to defend the Constitution, “engaged in insurrection” against it. Despite the repeated historical use of the Amendment over the last 150 years or so since it's adoption, the judge claims that Congress must act before it can be used to block a Presidential candidate from the ballot. (After tonight's show, with more details now out, it is clear that --- as with last week's ruling by the Minnesota Supreme Court in a similar challenge --- the judge's ruling is only in response to Trump's placement on the primary ballot. Both courts have left open further challenges to Trump's viability in a general election. Also, as with last week's Minnesota decision, the petitioners have vowed to immediately appeal the decision to a higher court.)

• Meanwhile, Trump's criminal defense team in the Georgia conspiracy case against him and 18 others for attempting to steal the 2020 election in the Peach State, appears to be the source of leaked videos of three former Trump attorneys (Ken Chesebro, Sidney Powell and Jenna Ellis) and Atlanta bail bondsman Scott Hall. Each have pleaded guilty in the case and have agreed to cooperate with prosecutors against the other defendants. The selective videos, leaked to both ABC News and Washington Post, are of the four defendants being interviewed by Fulton County prosecutors just before they copped their pleas. They reveal a number of new details in the case, but appear designed to undermine their witness testimony, send a threatening message to other potential cooperators and witnesses, and otherwise highlight Trump's expected defense in the case. Fulton County D.A. Fani Willis is now seeking an emergency order from the judge to prevent any further leaks of discovery evidence. The judges in Trump's other criminal cases would be wise to take notice of what he appears to be doing in Georgia.

• The U.S. Government released a massive, 2,200-page report today, its Fifth National Climate Assessment, finding that climate warming in the U.S. is now outpacing the global average and warning that every part of the country is being adversely affected by worsening heat waves, drought, wildfires, heavy downpours, and more. Minority communities are being disproportionately harmed. The cost of climate crisis damage to Americans is now averaging more than $150 billion each year, with last year clocking in at $178 billion. Along with the release of today's report, President Biden announced $6 billion in new investments --- paid for by the Democrats' Inflation Reduction Act and the Bipartisan Infrastructure Act --- to "make communities across the country more resilient to climate changes...focused on key climate goals, including modernizing our aging electric grid to withstand extreme weather...Reducing flood risks to communities. Improving drought resilience. Support conservation for our national parks...And advancing environmental justice for disadvantaged communities, because they’re the ones always left behind."

• Finally, Desi Doyen joins us for our latest Green News Report --- for which the new National Climate Assessment came in too late today --- to report on last week's GOP Presidential Primary debate in Miami(!) which failed to even mention climate change; Australia's new treaty with the nation of Tuvalu as it disappears for good beneath the rising seas; and much more...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

That's two. And this is a big one, as discussed on today's BradCast with someone who helped make it happen. [Audio link to full show follows this summary.]

Former Trump attorney Sidney Powell pleaded guilty in Fulton County, Georgia today. She was the second of 19 co-defendants to do so in District Attorney Fani Willis' sprawling racketeering indictment [PDF] against Donald Trump and his alleged co-conspirators who tried, but failed, to steal the 2020 Presidential election in the Peach State.

Powell is, perhaps, most notorious for her so-called "Kraken" lawsuits filed after 2020, which she promised would expose evidence of massive Democratic fraud in several states. Her suits includes no such evidence and were all quickly dismissed. Her claims, for example, that dead Venezuelan President Hugo Chavez was somehow involved in stealing the election with voting machines --- in which Powell bastardized and misused some of my own accurate exclusive reporting on Dominion Voting Systems circa 2010 --- all turned out to be false.

But, as our guest today helped reveal earlier this year, Powell also organized and paid for a scheme to breach proprietary statewide voting system software in Coffee County, unlawfully make copies of it and distribute it across the Internet to sources still unknown. She was indicted by Willis on 7 felony counts related to that plot and, today, pleaded guilty to 6 misdemeanor charges that would keep her out of jail and on probation for 6 years, with the requirement that she cooperate fully with prosecutors and testify truthfully against her 17 remaining co-defendants still facing felony charges. Scott Hall, an Atlanta bail bondsman who initially confessed to the plot in Coffee County during a recorded phone call to frequent BradCast guest Marilyn Marks, as first aired on this program, pleaded guilty earlier this month and is also cooperating with prosecutors as part of his plea deal.

We're joined today for both a bit of a victory lap and a very serious warning by SUSAN GREENHALGH, longtime election integrity expert and Senior Advisor on Election Security at the non-partisan Free Speech for People. With Marks, whose Coalition for Good Governance has a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to replace the state's touchscreen voting machines with hand-marked paper ballots, Greenhalgh helped reveal that the plot to breach the voting systems in GA was actually part of a broader, multi-state conspiracy hatched during an infamous December 18, 2020 meeting with Trump in the Oval Office. In addition to Powell, co-defendant Rudy Giuliani, disgraced former National Security Advisor Michael Flynn and others on Team MAGA were there that night, hoping that Trump would issue an Executive Order for the military to seize the nation's voting machines. Instead, they settled on the Coffee County scheme and others like it in several other states.

"We know that [Powell's] been involved in voting system software breaches in other states, like in Michigan," Greenhalgh explains today. "But Sidney hasn't been charged there. It's important to keep in mind that this was a networked, coordinated, multi-pronged plan to get access to voting systems in multiple states that she was a part of, and she really shouldn't escape responsibility for her role in those alleged criminal activities in other states."

Greenhalgh recently co-wrote a piece at Slate, calling on the U.S. Justice Department to launch a probe into the multi-state scheme which, she explains today, still poses a very serious threat to the 2024 elections. "Suppose there was a plutonium laboratory that had a robbery, and your local police prosecuted the thieves and the people that let them in. You wouldn't expect them to stop there. You'd expect the feds to go out and find out who got the plutonium and what was the plan to do with it. That's the kind of investigation that we need right now."

For today, at least, the guilty plea by Powell was good news. Marks called it "eminently important...for raising public awareness of the seriousness of the offense that puts Georgia’s 2024 elections at risk because Powell’s team released Georgia’s software into the wild."

As we've discussed with Marks on the program many times, however, Raffensperger has taken no action and has arguably helped cover up the Coffee County breach from the jump. "While Georgia’s Secretary of State has turned a blind eye and declined to either investigate or mitigate this massive security failure," Marks said in a statement today, "at least DA Willis is holding some of the ring leaders accountable in ways that will certainly expose other actors’ wrongdoing in this unlawful attempt to subvert the 2020 election."

For her part, Greenhalgh says today that, though she "was surprised at how lenient the deal is", she is hoping that Powell's guilty plea is "really going to bring the goods" on the multi-state plot and, of course, the involvement of higher-ups in the food chain like Trump and Giuliani.

Greenhalgh encourages listeners to contact their members of Congress to insist they take action on the ongoing threats posed to our voting systems by the breaches in Coffee County and elsewhere before 2024.

Given the mind-blowing and ongoing dysfunction in the GOP-run U.S. House right now, however, amid the Republican Party's continuing inability to choose a Speaker --- as we also discuss on today's show --- it's unlikely that there will be any kind of hearings or anything else there for quite some time.

Finally today, Desi Doyen joins us for our latest Green News Report, with bad news for snow crab fans; a decades-long scheme by the natural gas industry to cover-up health concerns about gas stoves; and some potentially encouraging news regarding both solar energy and U.S. climate goals...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Longtime listeners of The BradCast likely knew about the big news last Friday better than almost anyone in the nation. Certainly better than those in the corporate media. We'd been reporting on it for years now, so our listeners likely knew the name "Scott Hall" before pretty much everyone else in the country. [Audio link to full show follows this summary.

On Friday, Atlanta bail bondsman Scott Hall was the first among Donald Trump's 18 co-defendants to plead guilty in the Fulton County, Georgia racketeering indictment, detailing Trump's broad conspiracy to steal the state's 2020 Presidential election in the state. Hall was indicted in the RICO scheme [PDF] on five felony charges related to his participation in the January 7, 2021 breach of Georgia's voting system software in rural, Republican-leaning Coffee County. The plot included Trump supporters unlawfully gaining access to the state's proprietary voting system software at the County's elections office, making copies of it and illegally distributing it via the Internet.

The crime first came to light after Hall called longtime Election Integrity champion and frequent BradCast guest MARILYN MARKS, founder of the nonpartisan Coalition for Good Governance, and essentially confessed to the entire scheme. Marks recorded the phone call "confession" and we were the first in the nation to broadcast audio from that phone call last year in May. Marks' group has been leading a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to replace the Peach State's wildly vulnerable and unverifiable touchscreen voting systems with verifiable hand-marked paper ballots before next year's Presidential election. Her quick thinking to record Hall's phone call resulted in at least five of the indictments in District Attorney Fani Willis' case against Trump and friends.

"It was one of the more intelligent things I've done, which are not many!," quips Marks today. "But I'm glad I recorded that." She joins us today for the first time since Hall was the first to cop a plea in the case last week to avoid jail time in exchange for testifying against his fellow defendants. He received 12 months of probation and a $5,000 fine.

Marks explains that Hall will have a lot to share with Willis' team. "On mainstream media over the weekend, I heard many commentators saying, 'Well, he's kind of a small player.' Oh no no no --- he is not a 'small player'," she insists. "He knows the ladder, up and down. He was smart to get that deal he did. He got in early. And now Fani Willis has his truthful testimony about a whole range of characters and facts."

Among the many points we discuss with Marks today...

• What Hall knows about the Coffee County breach, its organization by co-defendant and Trump attorney Sidney Powell, and the genesis of the multi-state plot beginning in Trump's Oval Office in December of 2020.
• Why MyPillow CEO Mike Lindell flew into tiny Coffee County in his private plane for a few hours in the middle of the night as the County was preparing to fire its Election Director, co-defendant Misty Hampton, in the wake of the breach.
• Why did all of Hampton's emails from her years as the County's Elections Supervisor supposedly disappear after she was fired? (Though, on today's show, we found one of them! Read on!)
• Who else was involved in the breach but wasn't indicted by Willis (for example, Lindell and head of the now-defunct "Cyber Ninjas" outfit, Doug Logan) and why?
• Why has GA SoS Raffensperger been covering up the breach since it happened in early 2021, and why is he still refusing to take any action in response to it? For example, why is his office refusing to install new security patches created by Dominion Voting Systems for the touchscreen voting systems until after the 2024 Presidential election?
• Why is the state's voting system software breach in Coffee County important to the Coalition's lawsuit against Raffensperger, which seeks to move to hand-counted paper ballots? (The trial in that years-long case, by the way, is finally set to begin in federal court in January.)

"There is nothing to suggest that [Raffensperger] is remotely interested in learning what happened," Marks argues today. "He has still not started an investigation of the implications of this breach --- who was involved, how the administrative rules fell apart --- and has not done any kind of work on the security implications of it. It is absolutely shameful."

That's just the tip of the iceberg today which also includes another 'BradCast' first: We share the long sought after invitation letter allegedly sent by Hampton to the MAGA breachers on December 31, 2020, giving them the greenlight to come to the Coffee County Board of Elections office. "Y'all are welcome in our office any time," writes Hampton in the brief letter that Powell had claimed would somehow exonerate her, and in which Hampton goes out of her way to mention being in accordance with "Georgia Law" at least three different times, for some reason, in a single paragraph letter.

Tune in for all of that and much more today, including several news headlines on the federal government shutdown averted over the weekend, thanks to Democrats, and the price GOP House Speaker Kevin McCarthy may now pay for that; California Gov. Gavin Newsom's selection of political consultant, labor leader and Emily's List President Laphonza Butler to complete the term of Sen. Dianne Feinstein, who died late last week; Today's Nobel Prize in Physiology or Medicine awarded to two researchers who invested decades into developing the technology that would eventually become used to develop the COVID vaccines in record time in 2020; And several pieces of news from several different ongoing cases against Trump and his fellow co-conspirators, including his surprise appearance at the first day of New York state's $250 million civil fraud suit against him in Manhattan.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

It's still kind of hilarious that the Republican Speaker of the House this week, in announcing an impeachment inquiry of Joe Biden for...(fill in actual crime here when available)...described the Democratic President as "the picture of a culture of corruption". It's particularly amusing given the bulk of today's news on The BradCast. [Audio link to full show follow below this summary.]

Among our stories today...

• The unspeakable death toll from flooding in Libya is now expected to be in the tens of thousands as bodies line the streets in the eastern coastal town of Derna, where 16 inches of rain fell in one day over the weekend resulting in the collapse of two dams. Given some of the horrifying new numbers from Berkeley Earth this week, however, suggesting that the planet has a good chance of exceeding the 1.5 degree Celsius increase of warming since pre-industrial times which the Paris Climate Agreement seeks to avoid, we could be in for many more such horrific disasters in the years ahead.

• Following a nearly 5-year probe by a Trump appointed U.S. Attorney and a recently failed plea agreement, Hunter Biden was charged today with 3 felony counts related to using illegal narcotics while buying a gun. These are crimes which almost nobody is ever charged with, especially when they have never fired or even loaded the gun, which Hunter reportedly had for only 11 days. But that must be a part of the "special preferential treatment" the President's son has received, if you hear Republicans tell it. Try not to laugh.

• The state judge overseeing the sprawling, 41-count racketeering conspiracy indictment [PDF] against the former President of the United States, Donald Trump and his 18 co-conspirators for their attempts to steal the 2020 election in Georgia, has determined that all 19 defendants will not be tried in a single group beginning in October, as Fulton County D.A. Fani Willis had sought. So far, former Trump attorneys Ken Chesebro and Sidney Powell will stand trial next month, but a trial date for all of the others will be set later, likely for some time next year --- if a slot when Trump isn't standing trial on felony charges in three other jurisdictions can be found.

• The civil trial Trump faces --- along with his two eldest sons, his company and two top executives --- via New York state Attorney General Letitia James, for falsely and unlawfully inflating his company's net worth by billions of dollars in order to fraudulently receive bank loans and other benefits, begins on October 2. Just mentioning that since it seems few others are doing so these days for some reason.

• The Fox Corporation was sued yet again this week, related to the knowing lies Fox "News" told about the 2020 election being "rigged". The latest suit comes courtesy of New York City's huge pension funds. They charge neglect of corporate duty to protect shareholders by opening themselves up to defamation suits like the one from Dominion Voting Systems. That one cost the pretend news outlet $787.5 million to settle earlier this year. The state of Oregon, on behalf of their public employee retirement fund, has joined the suit. All of which begs the question as to why anybody's money is actually invested in a company known, for years. to be as corrupt as Fox. I might suggest that those whose retirement funds are being handled by NYC and Oregon (and elsewhere) demand the funds pull their money from similarly irresponsible and corrupt corporations --- such as the major fossil fuel companies --- before they too face the huge financial liabilities that await them.

• Are Wisconsin state Assembly Speaker Robin Vos and his fellow corrupt Republicans in the state's obscenely gerrymandered Legislature blinking in their recent threats to impeach newly-seated state Supreme Court Justice Janet Protasiewicz before she has even heard a case? The High Court's new liberal majority will soon be hearing two citizen petitions challenging the GOP's corrupt state district maps, which have ensured Republican majorities in both the Assembly and Senate for most of the past decade. But this week, just after state Dems announced a $4 million ad buy to let voters in the Badger State known what Republicans are up to in advance of 2024, Vos floated a new legislative "deal" to create new maps. Democratic Gov. Tony Evers immediately rejected the proposal as "bogus". We explain.

• Remember that Kentucky County Clerk who refused to grant marriage licenses to same-sex couples back in 2015? Kim Davis will now have to pay one of those couples $100,000 for having refused to do so, according to a decision this week by a federal jury.

• Ken Paxton, the unspeakably corrupt Texas state Attorney General and close Trump ally who is facing trial in the Republican-dominated state Senate on 20 articles of impeachment brought by the state's Republican-dominated House this week, may have dodged at least one bullet. A last-minute deal was struck between the opposing attorneys to skip testimony from Paxton's mistress on Wednesday. She's the one who was given a job by a Paxton donor to make it easier for them to continue their secret affair. The impeachment trial of the state's top law enforcement officer continues in the Senate, which will soon decide if the Republican should be removed from office based on charges of bribery, unfitness for office and abuse of power. Paxton's wife is a state Senator and has been present all week at the trial. She will, however, be barred from voting on his fate.

• Washington Post reports today that Florida's corrupt Republican Governor Ron DeSantis enjoyed a whole bunch of unreported and undisclosed private plane flights, luxury resort accommodations and meals with wealthy donors after being first elected in 2018. With his Presidential aspirations now failing, he must be angling for a Supreme Court nomination.

• Finally, Desi Doyen joins us for our latest 'Green News Report' with more on the horrific news out of Libya; the record costs of U.S. weather-related disasters so far this year; more bad news for Texas water drinkers; and a bit of encouraging news courtesy of Biden and the Democrats' Inflation Reduction Act. Oh, we're also still keeping an eye on the powerful, slow-moving Hurricane Lee, a monster storm in the Atlantic which is currently brushing by Bermuda and threatening New England, Canada and Newfoundland over the next several days...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

It's been a few months since she's been on BradCast, but she returns today, for the first time since the sprawling RICO indictment against Donald Trump and 18 co-conspirators for attempting to steal Georgia's 2020 Presidential election. The indictment includes charges based on a phone call she received --- and was smart enough to have recorded --- from a Team Trumper who essentially confessed to the now-notorious breach of the state's voting system software in Coffee County. She deserves, and receives, a bit of a victory lap today, while breaking still more news about the breach which, she warns, has yet to be investigated by the state's Secretary of State or its Board of Elections in advance of 2024. [Audio link to full show follows this summary.]

But first up today, a few somewhat related items...

A federal judge ruled Wednesday that E. Jean Carroll's upcoming civil trial against Trump will only be on damages --- how much he will have to pay the former magazine columnist who accused him of raping her in the 1990's and then lying about her years later. A civil trial that ended in May found Trump liable for sexual assault and defamatory remarks made about Carroll in 2022. Today, the judge found that the previous finding of assault and defamation already establish Trump's liability regarding defamatory comments he made about her in 2019, while serving as President and, therefore, the only question to be resolved in this separate suit is how much he will have to pay her. She is seeking not less than $10 million in this case and the judge has allowed her to add defamatory comments Trump made about Carroll on a CNN Townhall the day after he was found liable in the earlier case.

Picking up on our detailed coverage on yesterday's show of the various chief election officials around the country now grappling with whether Trump is even eligible for the 2024 ballot next year, based on his violation of the U.S. Constitution's "Insurrection Disqualification Clause" (14th Amendment, Section 3), the nonprofit Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit challenging Trump's eligibility for the ballot in Colorado on Wednesday on behalf of six Republican and unaffiliated voters there. The matter is likely to move quickly all the way to the U.S. Supreme Court, given that the state must settle its 2024 Primary ballot by January 5th!

A hearing was held on Wednesday in Fulton County, Georgia in Fanni Willis' RICO case [PDF] against Trump with co-defendant attorneys Ken Chesebro (alleged architect of the fake electors plot) and Sidney Powell (alleged organizer of the Coffee County voting system software breach) each seeking to be tried quickly and alone. The judge appears to have agreed on "quickly", setting a trial date for both beginning on October 23. But he he denied their motion to have their cases severed from each other. Still to be determined, however: the question of whether all 19 co-defendants must be tried at the same time, as Willis' team argues, given that guilt for any one defendant in the covert actions listed in the RICO charge (Count 1 of 41) means that all co-conspirators are guilty under state law. Prosecutors told the judge today that they expect the trial to take at least four months and will include more than 150 witnesses. (One of whom might be our guest on today's show!)

At the same time, a filing last week in the case by Powell claims she had nothing at all to do with the scheme to unlawfully breach, copy and distribute Georgia's state voting system software in the rural, Republican-leaning Coffee County. A report last week at the Atlanta Journal Constitution, however, which (literally) has the receipts, suggests otherwise.

But all of that --- including the receipts --- is only known publicly thanks to our guest today, MARILYN MARKS of the small, critical non-profit, Coalition for Good Governance. As first aired on this program in May of last year, Marks received a phone call from an Atlanta bail bondsman named Scott Hall, who, essentially, confessed to the entire Coffee County scheme. That is how we even know that the breach happened at all, and why four people involved with it --- one of whom is Powell, another of whom is Hall --- were charged last month in the scheme that still endangers elections both across the entire state of Georgia, where the same systems will be used again next year, and in more than a dozen other states.

Marks explains today how Hall originally "confessed" to the breach after calling out of the blue to bully her into turning over documents from her long-running civil lawsuit which is challenging the use of GA Sec. of State Brad Raffensperger's unverifiable, wildly insecure touchscreen voting systems. Hall claimed he had actually "hacked" into her group's legal documents.

"Instead of slamming the phone down, which was my first inclination, I instead decided to go into playing the sweet little old lady mode," Marks explains today, noting that she "kept him on the phone for about an hour" before he "just blurted out" the fact that he and other MAGA folks were allowed in to the Coffee County elections building to scan, image and copy everything. Two local officials, Coffee's then Election Supervisor Misty Hampton and the County's GOP chair Cathy Latham, have also been indicted in the same RICO conspiracy. (In addition to helping facilitate the software breach, Latham is also charged for her role as a fake elector in Georgia.)

Marks quipped that Hall has likely by now "realized that he, unlike Trump, had not made a 'perfect phone call."

In the meantime, Marks warns that, despite the indictments, the threat posed by the breach has still not been fully investigated by either federal or state officials. Two and a half years since the breach, which she believes Raffensperger learned of almost immediately afterward and has been covering up, "the Secretary and State Election Board have not even begun an investigation of Coffee County," Marks emphasized, telling me that "there are so many people that were involved in the Coffee County Breach that have not been held to any kind of accountability."

"What they did was just turn the criminal aspects of this over to Georgia Bureau of Investigation," she asserts. "But they are doing nothing at all. They have not even conducted one interview. They have not picked up the first piece of paper. They have not done anything to consider what are the impacts on the voting system? What are the impacts for future elections? How did this go wrong? What kind of better rules should have been in place? What kind of reporting structure should we have had? They have still not put in a single rule or requirement for reporting a security incident. If Coffee happened today, they would not have to report it."

That, Marks warns, remains a serious threat moving forward, especially since the software still remains in the wild and Raffensperger has refused to install Dominion touchscreen voting system security patches certified by the U.S. Election Assistance Commission (EAC) and strongly recommended by the U.S. Cybersecurity and Infrastructure Security Agency (CISA) in the wake of the January 7th, 2021 breach in Coffee County until after the 2024 elections.

Marks' long-running lawsuit seeking to replace Raffensperger's Dominion touchscreens with verifiable hand-marked paper ballots is finally set to go on trial in January. "We are really looking forward to putting on all of this evidence," she tells me, after explaining why the Coffee County breach is so key to her case. "And, certainly we are hoping for a decision that will at least protect the November elections for 2024. After all, these breaches that happened in Coffee County --- they are still ongoing."

"Remember, all that software was posted on the Internet. Lots of people took it. Nothing has been done to mitigate it. So, if you think about it, every day that people have their hands on that software, sharing it with others, the breach continues."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)