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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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New indictments did not yet come in Georgia as of airtime on today's BradCast. But, as the nation awaits the former President's almost certain fourth criminal indictment in about as many months --- and this could be the broadest and most sweeping yet --- a somewhat related "exclusive" by CNN on Sunday seems to have made a lot of folks suddenly pay attention to a story we've been covering in great detail on this show and at The BRAD BLOG for the better part of the past year.

The Coffee County, Georgia voting system breach by Trump supporters is likely to play a role in the expected new indictments from Fulton County District Attorney Fani Willis, even though there was largely nothing "exclusive" at all about CNN's weekend report. At least to those of us who have been paying attention and reporting on it ourselves for the past year. But, that's okay. If CNN's coverage makes people sit up and pay attention to this critical issue, we'll take it.

If it helps people --- including other media outlets --- notice that the multi-state conspiracy is still either being ignored or actively covered-up by the folks who SHOULD be investigating it --- from GA Sec. of State Brad Raffensperger, to the Georgia Bureau of Investigations (GBI) and even the Dept. of Justice --- then, okay, bring on more such "exclusives".

CNN's Sunday report, deceptively headlined "Exclusive: Georgia prosecutors have messages showing Trump’s team is behind voting system breach," repackages material already reported long ago by outlets like Washington Post, Atlanta Journal Constitution, Atlanta's NBC affiliate 11-Alive and, yes, The BradCast and BRAD BLOG. Almost all of CNN's material comes thanks to information discovered in a long-running federal lawsuit challenging the use of Raffensperger's new, unverifiable and insecure touchscreen voting systems, as filed years ago by the Coalition for Good Governance (CGG). CNN didn't even have the decency to name the nonprofit group in their "exclusive", referring simply to material "originally unearthed as part of a long-running civil suit focused on election security in Georgia."

As to the content of the story well, see our program from April headlined: "The Multi-State MAGA Conspiracy to Breach Voting Systems Was Hatched in Trump's Oval Office: 'BradCast' 4/24/2023". That show, from four months ago, features most of what CNN describes in their weekend "exclusive".

On that program, we were joined by guest SUSAN GREENHALGH, a election integrity and transparency expert who now serves as Senior Advisor on Election Security at FreeSpeechForPeople.org. Greenhalgh had discovered admissions in sworn testimony given to the U.S. House January 6 Committee revealing that the plot to have MAGA activists unlawfully obtain and copy sensitive, proprietary voting and tabulation system hard drives in multiple states (Georgia, Michigan, Nevada, Pennsylvania) was a scheme dreamt up during Trump's crazy December 18, 2020 meeting in the Oval Office with attorneys Sidney Powell and Rudy Giuliani, disgraced National Security Advisor Michael Flynn, former Overstock.com CEO and billionaire Patrick Byrne and others. Yes, the breaches in several states were not over-zealous local MAGA activists. It was a scheme hatched with the President of the Unites States himself.

Greenhalgh joins us again on today's program to continue connecting dots in the multi-state criminal scheme which remain uninvestigated or prosecuted to this day. (Pay attention, or wait to read them at CNN in about 6 months as "exclusive".)

Were it not for folks like Greenhalgh and CGG founder Marilyn Marks --- who had the wherewithal to hit the record button when one of the apparent MAGA breachers (Atlanta businessman Scott Hall) called her to essentially confess to the crimes in Coffee County --- we might not even know about it today. Lord knows Raffensperger and his friends in the Peach State have largely been covering it all up ever since the breach first occurred on January 7, 2021, the day after Trump's insurrection at the U.S. Capitol.

"Who knows if there were other counties that they went into in Georgia?," Greenhalgh observes. "There might have been similar breaches in other counties. Because we've lacked a real, robust investigation from the people that are paid to protect our citizens and our government from these types of illegal activities, they haven't uncovered it!"

Charges were recently brought against some of the participants in Michigan's several breaches --- at least five of whom are also known to have been involved in the Georgia breach --- and charges may soon be brought against some of them by Willis in Georgia in the coming hours. But, as Greenhalgh argues, the threat posed by theses breaches to next year's 2024 election --- and accountability for all of the people who allowed it to happen --- is crying out for a federal conspiracy probe of this organized crime that took place in multiple states following the 2020 election.

"There's no deterrence," Greenhalgh asserts. "What we saw happen in Coffee County --- if these people do not face any consequences, the message that is being presented is, 'It's okay. Go ahead and do this. If you can get a complicit election official, go in and do whatever you want to the voting machines and nothing is going to happen to you.' This crime happened on videotape. There's no question about it. If this was a corner store robbed by some kids, they'd be in prison by now."

There is a lot more of note in my conversation with Greenhalgh, and she offers much more in a well-sourced and linked "Background Briefing" document published late last week.

Finally today, some very good news out of Montana, where a landmark legal challenge by young plaintiffs, aged 5 to 22, challenging Republican state lawmakers for failing to follow the state constitution's mandate guaranteeing a "clean and healthful environment," was victorious! The court found that the Montana Environmental Policy Act, which weakened environment protections on behalf of the state's fossil fuel industry, is unconstitutional. The first-of-its-kind ruling by a judge in the U.S. may very well affect similar suits by youth plaintiffs as now filed in all 50 states and nations around the world...

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For some reason, it seemed like a good moment on today's BradCast to bone up on exactly what "racketeering" or RICO charges are. I have a feeling it may come in handy in the days ahead. [Audio link to full show follows below this summary.]

But, FIRST UP, it's Election Day in Ohio. One single statewide ballot issue, in the middle of August. That's because Republican lawmakers were hoping to undermine a ballot measure set for this November which, if successful, will codify protection for reproductive freedoms into the state Constitution.

For more than 100 years in the Buckeye State, Constitutional Amendments were adopted via the ballot with a simple majority vote. Today's measure, Issue 1, would raise the requirement needed for passage to a 60% super-majority. Of course, the GOP's Issue 1 on the ballot today would require just 50% + 1 for passage.

As we've been reporting, despite the state Republicans' attempt to sneak their anti-democracy Amendment past voters (after, earlier this year, adopting legislation to ban August Special Elections), early voting has been huge. Today's Election Day turnout was reportedly higher than expected as well. Happily, there were, so far, only a few reported problems at the polls. We'll see if that changes and we'll have reported results on this critical measure tomorrow.

THEN, over the weekend, Donald Trump's top attorney on his new indictment by Special Counsel Jack Smith for his many failed attempts to steal the 2020 Presidential election, was all over the news shows offering absurd defenses for his client's crimes. John Laura told Meet the Press, for example, that "a technical violation of the Constitution" isn't actually unlawful.

Congressman Jamie Raskin (D-MD), who happens to be a Constitutional law professor (as well as both the Lead Manager for the U.S. House during Trump's second impeachment for insurrection and a member of the bipartisan House Select Committee investigating it) strongly begged to differ. Critically, he noted in his response to Lauro's remarks, there are people serving years in jail in this country for falsifying one single vote, whereas Trump "tried to steal the entire election."

Thank you, Congressman!

NEXT, we continue to await what is almost certainly going to be Trump's fourth criminal indictment in about as many months. This one will come any day now, likely this week or next, courtesy of Fulton County, Georgia District Attorney Fani Willis in relation to Team Trump's failed attempts to steal the Peach State's election in 2020 from Joe Biden and the state's voters.

Her case, for reasons explained on today's program, could be expansive, including many charges and many conspirators acting in concert with Trump. Exactly who will be charged and what they will be charged with remains unknown.

Among the many questions about Willis' case: Will she invoke the state's "Racketeer Influenced Corrupt Organizations" (or RICO) Act or just simple conspiracy charges? And, oh, by the way, what are the difference between the two, as RICO is best known for use against organized crime by the mafia, etc.?

Luckily, KEITH BARBER, former attorney, former Republican and current Daily Kos contributor on law and Constitutional matters, recently wrote about exactly that and joins us today for a helpful RICO primer and insights into Willis' likely imminent indictments.

Short version of the difference between "conspiracy" and "RICO", as Barber wrote last month: "Conspiracy requires an agreement between the co-conspirators to commit what are usually specific crimes. RICO does not require proving any such agreement. So long as the parties commit the required predicate offenses, as part of the same 'enterprise,' acting 'in furtherance of a common purpose,' RICO can be satisfied."

As Barber tells me today: "The mob boss doesn't necessarily plan anything with the guy who is running the protection racket He may not even know him. But they are both engaged in the same broad criminal enterprise. That's the distinction between RICO and conspiracy. You don't have to show the connections that are shown in the [Jack] Smith indictment of Trump between the co-conspirators. It's sufficient if they engage in a pattern of racketeering activity in furtherance of the same general objective."

If you'd like a more detailed explanation, tune in to today's show, when Barber also offers his thoughts on who is likely to be indicted. "All indications are, all the hints are, that it's going to be a whole lot of people, with a whole lot of charges. It's kind of mind-boggling how many people it could be."

Also discussed: last night's court ruling in columnist E. Jean Carroll's rape and defamation case against Trump and his counter-suit for defamation against Carroll. Short version: Trump's suit was tossed as the judge confirmed that, yes, Trump was found by a jury to have been a rapist according to common vernacular, and Carroll's second civil trial against him (she already won $5 million from him during the last one, now she's suing for at least $10 million) is scheduled to begin early next year and could be a very very short trial given everything that was already established as a fact in the first trial.

FINALLY, Desi Doyen joins us for our latest Green News Report, as the death toll rises under prolonged extreme heat in Arizona; climate change unleashes a brand new flooding problem in Alaska; President Biden moves to protect a million acres from uranium mining near the Grand Canyon, and extreme rains and deadly flooding continue to pummel parts of Europe...

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Literally minutes before today's BradCast, news broke that the grand jury in D.C. hearing Special Counsel Jack Smith conspiracy case against Donald J. Trump regarding his many failed attempts to steal 2020 Presidential election had handed up a four-count federal indictment against Donald J. Trump. Seconds before airtime, Smith offered a brief statement on the new indictment. We cover both today...on the fly...

As Smith announced (we share his brief remarks in full), Trump was indicted on four federal felonies...

• Count 1: Conspiracy to Defraud the United States [18 USC 371]
• Count 2: Conspiracy to Obstruct an Official Proceeding [18 USC 1512(k)]
• Count 3: Obstruction of, and Attempt to Obstruct, an Official Proceeding [18 USC 1512(c)(2)]
• Count 4: Conspiracy Against Rights [specifically, the right to vote and to have one's vote counted, 18 USC 241]

Six of Defendant Trump's alleged co-conspirators are briefly described in the 45-page indictment [PDF], though not named within it. The co-conspirators appear to be uncharged at this time. Most of their names were pretty simple to identify based on their description in the indictment (see pages 3 and 4). According to Washington Post, which names 5 of the 6 of them, it appears we got them pretty much correct as we read through the early portion of the charges on today's show. WaPo identifies them as...

• Co-Conspirator 1: Trump attorney Rudy Giuliani
• Co-Conspirator 2: Trump attorney John Eastman
• Co-Conspirator 3: Trump attorney Sidney Powell
• Co-Conspirator 4: DoJ Asst. Attorney General Jeffrey Clark
• Co-Conspirator 5: Trump attorney Kenneth Chesebro
• Co-Conspirator 6: A still unidentified "political consultant" whose description matches several potential different Trump henchmen.

Looks like we were correct, at least, on Co-Conspirators 1 through 4. Emptywheel's Marcy Wheeler agrees WaPo's ID of Chesebro as number 5 is "sound". He is described in the indictment as "an attorney who assisted in devising and attempting to implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding". We speculate on the show that Co-Conspirator 6 could be Trump's 2020 campaign Director of Election Day Operations Michael Roman, but that's just an on-the-fly guess.

The most central aspect of the charges, at least to my eyes, is that Donald Trump not only attempted to steal the election by lying about it, using dozens of fraudulent claims for months after the November election, but knew that he was lying about every aspect of it.

"The Defendant lost the 2020 presidential election," the indictment reads in its first paragraph...

He lost. He knew it, because he was told by his closest advisors and all the top state and federal officials with whom he conferred. And, yet, he fraudulently claimed otherwise in hopes of defrauding the American people and stealing a Presidential election. He is finally be charged for all of the above.

It's all spelled out, quite readably, in the indictment [PDF] which Smith, in his brief remarks, encouraged "everyone" to "read in full".

We will, no doubt, have more on all of this in the days ahead. In the remaining time on today's show, as salvaged somewhat from our previous planned program...

• The sudden death of New Jersey's Lt. Governor Sheila Oliver, the first statewide black official in the Garden State and a central character in my 2011 blockbuster exclusive on then Gov. Chris Christie's secret address to the Koch Brothers secret political gathering that year in Vale, CO.

• The critical election next Tuesday, August 8, in Ohio, where corrupt, authoritarian Republicans have suddenly called a special election to try and adopt a constitutional amendment that would require 60% approval by voters for all future constitutional amendments placed on the ballot. This measure, however, would still need only 50% to be adopted. The scheme is meant to undermine a citizen's ballot initiative planned for this November that would write protections for reproductive freedoms into the Buckeye State constitution.

• Finally, Desi Doyen has our latest Green News Report with news on the hottest month ever recorded in human history (July 2023); President Biden's new federal heat protections for workers; Canada's first steps toward ending subsidies for the fossil fuel industry; and the landmark banning of natural gas hook-ups in new construction by a major state in Australia...

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Today's BradCast is dedicated to the good people (and not the bad ones) of the great state of Georgia. The entire program, in one way or another, is devoted to the Peach State and the real patriots who live there --- as opposed to the fake ones who describe themselves as part of the so-called "Patriot Movement" while dedicating themselves to actually undermining democracy. [Audio link to full show follows this brief summary.]

I'm gonna try to keep this short today, because you've got plenty to both listen to on today's show and read in a BRAD BLOG investigative exclusive published on Tuesday.

FIRST UP, actual patriots, Shaye Moss and her mother Ruby Freeman --- the Atlanta election workers who Rudy Giuliani and Donald Trump despicably and falsely declared to have committed fraud in 2020, as they bravely worked unspeakable hours in a pandemic to help safely carry out the election --- were fully cleared of any and all wrong doing. That, according to a long-overdue report issued Tuesday by the state's Board of Elections (BOE), Bureau of Investigations (GBI), the FBI and GA Sec. of State Brad Raffensperger. The pair's defamation lawsuit, however, against Giuliani continues. We hope it is successful. They deserve it.

THEN, we're joined by journalist DOUGLAS LUCAS to discuss his detailed investigative report today headlined: "A Secret Meeting Within a Secret Meeting: Unspooling the Coffee County, Georgia Voting System Breach and Continuing Cover-Up."

Lucas takes a deep dive into the bizarre and continuing machinations by the local County Board of Elections and County Commissioners in Coffee County to continue the cover-up of what actually happened when a group of Sidney Powell funded and organized MAGA conspirators breached the local Elections and Registration building in January of 2021 to make unlawful copies of the sensitive and proprietary software on the state's new and wildly vulnerable Dominion Voting Systems computers.

The intruders, as we have learned, were invited in to the elections office by Coffee's then Election Supervisor, Misty Hampton, with the help of several local GOP officials in the right-leaning rural County. The breach began the day after the Trump-incited January 6, 2021 insurrection at the U.S. Capitol, though was hatched in Trump's Oval Office in December of 2020. There has been a wild effort to hide the truth of what really went on there, how it came about, the threat it now poses to next year's Presidential election in the critical battleground state and in more than a dozen other states where the same Dominion systems are now used.

Lucas' report involves lies and cover-ups by local officials, members of a major national law firm that represents the County, and even from Sec. of State Raffensperger who appears to want to make the entire matter simply disappear. The still ongoing tale also includes a bizarre cameo appearance from MyPillow CEO Mike Lindell, who, for some reason, landed his plane at the tiny airport in Coffee County for a few hours late one night, after a long and circuitous trip from Mar-a-Lago to D.C. and back down to Douglas, Georgia the night before the local Election Supervisor was to resign (or be fired) in February of 2021, the month following the breach.

With nobody yet held to account, County officials are still obfuscating and refusing to answer questions about secret meetings in Coffee the day after Lindell's brief visit, but Lucas breaks a few key nuggets of the story to help crack the wall of silence, with confirmation from local officials who are finally beginning to talk. At least a little.

"Raffensperger should be the bulldog on this," he tells me today. "The best you could say is that he is slow-rolling this, which is not a legitimate thing to do when we're talking software for elections, including the 2024 general elections and Presidential election...He should absolutely be pursuing this harder than he has." But Lucas is being more generous to the SoS than evidence suggests he deserves. An investigator from Raff's office was actually caught on surveillance footage walking in during the MAGA breach. Yet, we are still waiting for Raffensperger to take any real action about whatever happened --- and is still happening --- in Coffee County.

Fulton County D.A. Fani Willis is believed to be investigating some of the players in this story. But, with her hands more than full, there is much more that she has yet to show any sign of probing. That's where we come in with today's report, along with help from some of the local residents of Coffee who now find themselves in a battle for the very soul of their beloved county.

Tune in for the full story on today's show and see Lucas' deep-dive at BradBlog.com today for all the details!...

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At first glance, a closed-door executive session of the Board of Elections at the Coffee County Courthouse in the battleground state of Georgia appeared to involve nothing more than discussion of that day's resignation letters from then-Election Supervisor Misty Hampton and her assistant over their purported cheating on timesheets.

But the previously undisclosed, simultaneous presence of an unacknowledged quorum of County Commissioners at that executive session --- a secret meeting during a secret meeting, a game-changer confirmed by The BRAD BLOG --- combined with curious doth protest too much efforts the County is still using to defend its secrets about the supposedly humdrum assembly, indicate the February 25, 2021 meetings (now known as meetings plural) and surrounding events were the nexus of a much broader statewide, perhaps even nationwide, cover-up.

That night, the very same reputedly run-of-the-mill Thursday in February when the elections board gathered at the Courthouse, MyPillow founder and close Trump associate Mike Lindell --- a chief Stop the Steal bankroller --- landed his private jet in the county's tiny seat of Douglas, population 11,685. A few hours earlier, flight records show, he landed in D.C. A few hours before that, his plane took off from a runway not 15 miles from the private Mar-a-Lago club belonging to a certain twice-impeached Florida Man named Donald J. Trump. Why did Lindell fly so circuitously from the Palm Beach area to the nation's capital and then back down south to rural Coffee County, of all places?

And why did he want to speak with Misty Hampton, Coffee's resigning Election Supervisor? Evidence yielded from a years-long lawsuit by actual election experts challenging Georgia's Dominion voting system has revealed that the far-right bedding baron's lawyer, Kurt Olsen, tried to get ahold of Hampton the previous evening to talk, as word spread that she'd be dismissed the next day. Why would he want to do that?

Over the January prior to the unexplained meeting(s) --- in fact, beginning just the day after armed and violent Trump supporters assailed the U.S. Capitol in hopes of preventing Joe Biden's 2020 election victory --- a motley mix of mostly MAGA operatives illicitly entered the Coffee County elections building on multiple occasions. The breach was funded and organized by Trump attorney Sidney Powell, that prolific and since-sanctioned filer of failed lawsuits seeking to steal Biden's 2020 win.

One client of the breach-funding Powell, it turns out, was "fake elector" Cathy Latham, the former Coffee County GOP chair. Latham was found to have helped facilitate --- and to have lied about her presence during --- the breach at the elections office, where the invited intruders copied Dominion's proprietary software that is still to be used in the 2024 Presidential election in Georgia and numerous jurisdictions beyond.

Hampton, as director of elections for the Republican-leaning county, welcomed the Powell-paid team into the local elections office to have at the voting equipment, tabulators and sensitive election management systems.

With statewide voting systems gravely compromised by the ensuing breach --- Georgia Secretary of State Brad Raffensperger forces every county to use the same touchscreens, also employed in more than a dozen states nationwide --- and with traces of top Trumpers everywhere, the scandal is, as the county seat's Mayor Pro Tem recently put it, "only getting bigger."

Indeed, Atlanta-based District Attorney Fani Willis is reportedly investigating the Coffee County breach, along with Team Trump's multistate plot to gain access to and copy data from voting systems in other states as well. The scheme, as we have since learned, was hatched during a notorious December 2020 meeting in the Oval Office with Trump present. That fact came to light in testimony to the U.S. House subcommittee that investigated January 6th.

Frustrated, fighting back tears, Douglas Mayor Pro Tem Olivia Pearson, a lifelong Coffee resident and voting rights activist in the majority black seat of the majority white county, said at a recent gathering as the reality of the breach finally began galvanizing local residents, "We have got to make it right. We can't keep covering it up!"

Starting in earnest last month, local residents have increasingly attended the Board of Elections' open meetings, only to be told, more than once, by its unapologetic Chairman Wendell Stone --- who some locals are said to describe as "Chairman Stone(wall)" --- to stop asking questions.

Of course, that makes us want to ask many more questions about what really happened among the cows and cornstalks in the rural Peach State county. Such as: Why did Hampton and her assistant who helped facilitate the unlawful Trump/Powell/MAGA breach to illicitly copy and distribute Coffee County's sensitive voting system software actually tender their resignations on February 25, 2021?; Did local and state officials know about the breach and attempt to cover it up with secret meetings? What on Earth was Mike Lindell doing there for several hours that night?; And why has the office of Republican Secretary of State Brad Raffensperger, heralded by some as a 'moderate Republican' hero for not helping Trump steal the state's election in 2020, denied the severity of the breach and lied by both omission and commission to aid in covering it all up?

And, yes, all of this matters at the national level --- not only to the Coffee residents, who have lately found themselves in a fight they never asked for over their beloved county's soul...

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

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

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

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

On Jan 6 and related matters:

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

On the Stolen Documents:

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

On the GA Conspiracy:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: Our former President is slimier and even more racist than you knew. And Fox "News" is at least as slimy and racist as you thought. [Audio link to full show follows this summary.]

FIRST UP, just before airtime, and just as attorneys in Dominion Voting Systems' $1.6 billion defamation suit were literally moments away from beginning opening arguments in a Delaware courtroom, the judge announced the case was over. Fox had agreed to settle with the private voting system vendor, essentially conceding that every claim made on their Republican propaganda outlet, claiming the 2020 Presidential election was stolen from Trump, was actually a lie.

We wade through today's news, even as it breaks this afternoon, in which Fox has apparently agreed to pay $787.5 million to make their problems --- at least in this case --- go away. Star witnesses previously expected to take the stand in the case starting this week had included Fox CEO Rupert Murdoch, and hosts Tucker Carlson, Sean Hannity and Maria Bartiromo. For now anyway, they're off the hook and won't have to testify about the lies they repeatedly told their listeners.

It was unclear as of airtime whether there was more to the settlement agreement. In other words, whether Fox would be forced to inform their brain-poisoned listeners about the lies they were told. But, Fox issued a statement conceding, "We acknowledge the court's rulings finding certain claims about Dominion to be false," and adding: "We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues."

Dominion's separate defamation suits against Trump's lawyers and liars Rudy Giuliani, Sidney Powell, Mike Lindell and others continue, as does the $2.7 billion defamation suit against Fox, as filed by Smartmatic, another voting system company about which Fox "News" repeatedly and knowingly lied.

Additional problems are expected for Fox in the days ahead, including a bevy of shareholder lawsuits and a campaign by the nation's largest progressive veterans group, Vote Vets, to demand U.S. military installations stop airing the Republican fake news network in common areas. "Nearly one-in-seven of those arrested in relation to the January 6, 2021 insurrection at the Capitol had military backgrounds," the group notes in their ad campaign, "showing the ill-effect of disinformation among military and veteran communities."

NEXT UP (after a quick note on the scheduled start next week of columnist E. Jean Carroll's rape and defamation suit against Trump in New York), have you noticed those weird comments that Donald Trump keeps making in regard to Special Counsel Jack Smith's name? He's been doing it since just after the prosecutor was tapped to oversee the criminal probes of Trump's January 6 insurrection and the documents he stole upon leaving the White House.

"Jack Smith (nice, soft name, isn’t it?)," Trump wrote on his social media site last November. "Speaking of LEAKS, Special 'Prosecutor' Jack Smith (What did his name used to be?) leaked massive amounts of information to The Washington ComPost," the disgraced former President lied at the same outlet the day before he was indicted on 34 criminal felony charges in New York earlier this month. That night, as he spoke to his supporters back at Mar-a-Lago, he did it again, referencing "this lunatic special prosecutor named Jack Smith," before adding: "I wonder what it was prior to a change?" He then paused for effect, as some of those present shared a knowing, sinister chuckle.

I read and saw all of that as it happened, but had no idea what the hell Trump was insinuating. Neither, apparently, did many in the mainstream media, according to our guest today, author DAVID MARGOLICK, who wrote about it last week at The Nation. He explains that it was part of a long-faded anti-Semitic trope. Notorious racist and Jew-hater Henry Ford deployed it about 100 years ago in his newspapers, and members of Sen. Joe McCarthy's infamous UnAmerican Activities Committee used it as well to tar Jewish entertainers as Communists.

"I thought that it needed to be explained," Margolick tells me today, as he explains it, "because if even someone like you didn't pick up on it, it just shows how ancient this trope is, how largely forgotten it is, and how deeply embedded it is in the psyche of Donald Trump. I think that subsequent generations need to know what was going on with him, and how hard-wired this is with him, that he can't help doing it, even if no one is going to pick up on it."

We discuss the long, grotesque history of the slur in the U.S., and how dangerous it remains, even as many Americans have no clue what it's all about. Some of his supporters certainly do. "The history of this thing should be called out. People should really know what's really going on with him," says Margolick, noting a line from his piece at The Nation, in which describes Trump as "a perfect time capsule of prejudice."

"It's really odious," argues Margolick, discussing what moved him to take a break from working on books about Sid Caesar and Jonas Salk. "It's disturbing that it's going on uncontradicted, and nobody is objecting to it."

FINALLY, Desi Doyen joins us today for our latest Green News Report, with news on the Administration's newly released list of Electric Vehicles that are now eligible for $7,500 rebates, thanks to Joe Biden and the Democrats' landmark Inflation Reduction Act. Also of note in today's report, Germany has finally shut down the last of its nuclear power plants. So, that's a good thing...right?

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Why isn't the FBI or DoJ investigating the broad, multi-state conspiracy, carried out by Trump supporters after the 2020 election, to breach sensitive voting and tabulation systems? Especially with the 2024 elections now coming into view? Disturbing new evidence of the DoJ and FBI's LACK of action on today's BradCast!

But, first up, a few quick words on the federal takeover of several failed banks late last week and into the weekend (after the Trump Administration rolled back regulations enacted after the 2008 banking crisis to help prevent such failures), and then on Biden's decision to allow a controversial new oil project on federal lands in Alaska, while otherwise ordering the federal protection millions of acres in Alaska and the Arctic from similar future drilling projects.

Next, a few quick words on former Vice President Mike Pence's weekend comments at the Gridiron Dinner in D.C., characterized by many in the corporate media as his "toughest words yet" against Trump's incitement of insurrection on January 6, 2021.

While Pence was, in fact, heroic that day in refusing to leave the Capitol while it was under siege by Trump supporters, until the Electoral College vote was officially certified, the former Veep's recent legal challenge to a Subpoena to testify before the Grand Jury in Special Counsel Jack Smith's probe of the deadly 1/6 probe is unconscionable.

Among Pence's reported comments at the no-cameras-allowed Gridiron Dinner on Saturday: "History will hold Donald Trump accountable." (No, sir. It's not history's job, it's law enforcement's! And, as a witness to a crime, it's your responsibility to help them!) Also, he repeatedly praised media and said, "I expect members of the fourth estate to continue to do their job" in covering the tragic, shameful events of that day. But, guess what? While it's the media's job to report on what happened, if witnesses don't tell law enforcement what they know, then those who should be held accountable will not be.

Then, speaking of people not being held accountable, why hasn't the FBI begun a probe of the multi-state effort, headed up by Trump's then-attorney Sidney Powell, to unlawfully and surreptitiously make copies of voting and tabulation system software in at least four states after the 2020 election? We now know that this happened in Coffee County, Georgia, Mesa County, Colorado, several townships in Michigan, and at least one county in Pennsylvania. We also have evidence that the conspirators planned to breach the election system in Nevada as well.

America's computerized election systems were officially designated as "critical federal infrastructure" during the Obama Administration. Shouldn't evidence of a multi-state conspiracy to unlawfully make copies and release that proprietary software publicly be a crime worth probing by the FBI? Especially before 2024?

SUSAN GREENHALGH, a longtime election integrity and transparency expert and Senior Advisor on Election Security at Free Speech For People thinks so. She and 14 other cybersecurity and voting system experts wrote a letter [PDF] last December to Attorney General Merrick Garland, Special Counsel Jack Smith, FBI Director Chris Wray and Cybersecurity & Infrastructure Security Agency (CISA) Director Jen Easterly, seeking a federal probe, given the overwhelming evidence of this MAGA conspiracy and the recent evidence that they are using the stolen software and knowledge gained from it for potentially nefarious means.

"The people that got the software seem to be interested in further disrupting elections," Greenhalgh tells me today. "They already tried once to disrupt an election and impact the results in 2020 and we see that this is continuing. The software that was taken unlawfully in Coffee County, Georgia, showed up at CPAC [the Conservative Political Action Conference] CPAC last week, in a presentation by a bunch of conspiracy theorists making a lot of unfounded and really disturbing false claims about elections in it."

"We can see the software already being used for disinformation campaigns," she continues, "but it could actually be used for much worse, like to reverse engineer it and create malware to impact and potentially corrupt an election."

As the Los Angeles Times reported last week, Greenhalgh has now heard back from the head of the FBI's Public Corruption and Civil Rights Section, in a polite, if terse, four-paragraph letter [PDF] that seems to not only suggest that the FBI is not investigating the matter, but to do so they would have to receive a request from local or state officials.

That doesn't make much sense. This is a federal issue, if only because it appears to be conspiracy stretching across multiple states. Moreover, as Greenhalgh explains, such requests have been made, for example, by the State Board of Elections in Georgia.

So, what is going on here? Is the matter being probed by the feds, but the FBI is suggesting otherwise (since they may not wish to comment on ongoing investigations)? Is it not being probed at all, for some reason? If so, why not? And, why does all of this matter? Greenhalgh answers those questions and many others on today's BradCast!

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"Industrial-scale defamation is not free speech," our guest on today's BradCast insists, as very real accountability for many liars and scoundrels and fake news con-artists on the Right gets closer with each passing day. [Audio link to full show follows this summary.]

FIRST: The forewoman of the Special Grand Jury in Georgia which recently completed its work in Fulton County, suggests multiple people have been recommended to District Attorney Fani Willis for indictment. "It is not a short list," teases Emily Kohrs about who her panel suggested to Willis should be charged in the investigation of the attempt to steal the 2020 Presidential election in the Peach State by Donald Trump and his top supporters. While Kohrs did not offer specific names, she did say, "you're not going to be shocked. It's not rocket science," before offering other somewhat cryptic --- if tantalizing --- hints.

NEXT: More accountability for right-wing liars. In this case, James O'Keefe, the Republican activist and scam-artist who initially made his name in 2010 by releasing deceptively edited videos which falsely suggested he dressed up as a 70s-era Blaxploitation pimp to walk into ACORN offices for advice on sex trafficking and how to avoid taxes. In fact, he never dressed as a pimp in those office, and never received any such advice. (See our full Special Coverage here.) Years --- and millions of dollars of dark-money later --- O'Keefe is now reportedly out at Project Veritas, his own ironically-named fake news and entrapment organization. Its Board of Directors detailed "financial malfeasance" by O'Keefe, and claims that he bullied staffers. Yes, the scammer who bilked Rightwingers out of millions, using hidden video "stings" to pretend to be a journalist uncovering "waste, fraud and corruption" on the Left, is seemingly undone by his own waste, fraud and corruption. Go figure.

THEN: We're joined by ANGELO CARUSONE, President and CEO of media watchdog Media Matters for America, to discuss Dominion Voting's $1.6 billion defamation suit against Fox "News", after the network's executives, hosts and guests repeatedly offered massive lies to their audience about election fraud following the 2020 Presidential election.

Of course, like us, Carusone has been watching Fox lie on air for years now. So, is there something different this time around? Carusone explains why he believes the revelations from hundreds of insider texts, emails and depositions in Dominion's redacted 192-page brief [PDF], released last week in its motion for summary judgement against Fox, is seemingly very different from the lies that Fox has been caught telling in the past.

We discuss how "for so long the commercial media enabled Fox," allowing it to be regarded as an actual news organization, when it is not. Non-Rightwing corporate media outfits "actually enabled Fox News in a way, by treating them as anything other than the partisan political operation that we all know they are." Carusone argues that what is revealed in the Dominion brief "is so incontrovertible that even the enablers can't engage in the type of enabling --- or even just silence --- that they previously had for too long."

We discuss the "hypocrisy" of Fox' First Amendment defense and their claims that Dominion has "cherry-picked quotes stripped of key context," given that cherry-picking out of context quotes is actually the Fox 'News' business model!

We discuss what the hell happened to formerly respectable --- before joining Fox --- financial news reporters like Maria Bartiromo and Lou Dobbs, who seemed to lead the coverage of phony 2020 fraud claims at the network by featuring Trump's loony attorneys like Sidney Powell and Rudy Giuliani as guests, despite the fact that they had offered less than zero evidence in support of outrageous claims that Dominion's voting systems flipped millions of votes to steal the election for Joe Biden from Trump.

And, perhaps most crucially, we discuss what may happen if Fox loses this one, and how a judgement of $1.6 billion may be the least of the company's problems. "It's not just going to end at the $1.6 billion," says Carusone, "because what ends up happening is that shareholders themselves then begin to sue for breach of fiduciary duty. Because it's very apparent that the Murdochs made misrepresentations about the nature of this litigation for quite some time." While losing the case means losing a lot of money, Carusone argues, "it will set them up for additional litigation that will compound the problem. They won't be able to sustain that from a financial perspective. It puts control of the company in jeopardy."

Additionally, he explains, it will weaken their position with cable companies, from whom Fox currently receive the bulk of its revenue, particularly as advertisers have fled their toxic air to the point where MyPillow guy, Mike Lindell, is now their single largest client. "It's sort of like a Jenga puzzle," Carusone tells me. "Pulling one block is not going to topple it down, but it's certainly going to make it a lot more vulnerable to toppling. And this one is a pretty key part of that piece --- just the tiniest little breeze will probably knock the rest of it over."

FINALLY: We're joined by Desi Doyen for our 14th ANNIVERSARY Green News Report! Yes, we are now officially in our 15th year of independent green news, politics, analysis, snarky comment and connecting the global climate crisis dots over your public airwaves! All thanks, by the way, only to the support of listeners like you!...

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Yes, it's possible that two seemingly conflicting things can be true at once. On today's BradCast we report on two different cases where that is true, regarding Russia's war on Ukraine and Dominion Voting Systems' defamation case against Fox "News". [Audio link to full show is posted below this summary.]

First up today, on Presidents' Day, Joe Biden made a surprise visit to Ukraine to meet with its President Volodymyr Zelenskyy just days before the first anniversary of Russia's horrific invasion of its sovereign neighbor. It was also just days after Vice President Kamala Harris declared at the Munich Security Conference over the weekend that the U.S. believes Russia has committed "crimes against humanity" in their unlawful invasion.

In his remarks, President Biden described "a brutal and unjust war," as air raid sirens were heard during his visit to the Ukrainian capital. "One year later, Kyiv stands," said Biden after meeting with Zelenskyy at Mariinsky Palace. "And Ukraine stands. Democracy stands. The Americans stand with you, and the world stands with you." As we discuss, yes, it's possible to understand various diplomatic missteps taken by the U.S. and NATO in Eastern Europe following the fall of the Soviet Union, while still being able to hold the correct party accountable --- in this case, Russia --- for unjustifiable and continuing atrocities.

As yet another war in defense of democracy rages in Europe against a tyrannical autocracy, a decades-long champion of democracy in the U.S. and across the world is now in his final hours. On Saturday, the Carter Center in Atlanta announced that "After a series of short hospital stays," 98-year old former President Jimmy Carter has "decided to spend his remaining time at home with his family and receive hospice care instead of additional medical intervention."

We share some thoughts today on the legacy of our 39th President, including some of his comments last year on the first anniversary of the Donald Trump-incited Republican attempt to overthrow the U.S. Government on January 6, 2021. "One year on, promoters of the lie that the election was stolen have taken over one political party and stoked distrust in our electoral systems," Carter wrote at New York Times. "These forces exert power and influence through relentless disinformation, which continues to turn Americans against Americans."

The "relentless disinformation" of Fox "News" has been on full display for the past several days, following last week's redacted unsealing of Dominion Voting Systems' 192-page motion [PDF] seeking summary judgment in its $1.6 billion defamation suit against the right-wing fake news outlet. As the striking filing reveals in detail, Fox hosts and executives alike knew they were broadcasting fake, evidence-free claims of election fraud by Trump and his supporters following the 2020 election. They didn't much care. Instead, they feared losing viewers and chose to put company profits above both truth and the health of American democracy.

Dominion may prevail in this case. We hope they do. Even as we have been no friend to the company or any of the other oft-failed, private computer voting and tabulation firms over the past 20 years. In fact, some of the news misreported by Fox and Trump's supporters like Sidney Powell and Rudy Giuliani was taken directly from some of our accurate, exclusive reporting from years ago. But, again, two seemingly conflicting things can be true at once. Fox lied about election fraud and should be held accountable for that, and Dominion and other voting system vendors have repeatedly failed in American elections.

By way of fresh evidence to support that charge, we close with details on voting system failures in both New Jersey and California in November of 2022. In both cases, the systems ended up naming candidates who actually lost to be the winners and vice versa. In Monmouth County, NJ, the ES&S voting tabulators allowed duplicate votes to be uploaded to it twice. It wasn't discovered until last month. In Alameda County, CA, the tabulators were programmed incorrectly to do the impossible math of Ranked Choice Voting (RCV) elections in the Bay area. It was discovered in late December last year by a pro-RCV organization who happened to run the math on their own computers and discovered the error.

In both cases, the errors were discovered after losing candidates were certified as winners. How many places did that happen but wasn't ever discovered, because human beings rarely bother to count ballots to make sure the computers did so accurately. This is what comes of outsourcing public elections to private companies and running elections on computer systems that are virtually impossible to oversee by the American public.

Many more details --- and callers --- on all of the above on today's program!...

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We're still fighting for accountability after all these years on The BradCast. So why should today be any different? [Audio link to full show follows this summary.]

We kick off today's program with a word or two on our 19th Anniversary of independent investigative journalism, blogging, broadcast, muckraking and trouble-making as we now officially enter our 20th(!) year of doing so at The BRAD BLOG! While I had some thoughts on all of that this morning at the blog, one point of particular pride remains the ongoing billion-dollar lawsuits by voting machine companies against Trump attorneys Rudy Giuliani and Sidney Powell (as well as Fox "News" and a bunch of their on-air hosts.) The reason for the pride is that no small part of the false claims made against Dominion and Smartmatic after the 2020 election by Trump's huckster attorneys spring directly from inaccurate interpretations of accurately reported exclusives at The BRAD BLOG many years ago, particularly in regard to American voting systems and Hugo Chavez.

By the time those defamation suits come to an expensive end, however, it's likely that both Powell and Giuliani will have been disbarred wherever they are currently still licensed to practice law. Just last month, for example, Rudy faced a hearing before the D.C. Bar Association where he is likely to be disbarred for the phony lawsuits he (and Powell) filed on Trump's behalf, falsely claiming fraud following the 2020 election.

Donald Trump's lawyers --- there are lots of them --- have been getting sanctioned in state and federal courts left and right over the past couple of years. But none, to my knowledge, have yet to be disbarred. That could be changing soon for both Giuliani and Powell. And, finally, as of last week, for John Eastman. He's the main attorney behind Trump's failed effort to have Vice President Mike Pence steal the election for him during the joint session of Congress on January 6, 2021, when Joe Biden's Electoral College victory was finally certified after the deadly insurrection at the U.S. Capitol.

Late last week, the State Bar of California announced that Eastman is being charged with "multiple disciplinary counts." He faces 11 charges arising from allegations that he "engaged in a course of conduct to plan, promote, and assist then-President Trump in executing a strategy, unsupported by facts or law, to overturn the legitimate results of the 2020 presidential election by obstructing the count of electoral votes of certain states." The Office of the State Bar's Chief Trial Counsel says he will seek disbarment of Eastman before the State Bar Court. This is serious stuff for an attorney.

We're joined today by former Utah Asst. Attorney General and former University of Utah associate law professor, MICHAEL TETER, who now serves as Managing Director for The 65 Project. The group, named for the approximately 65 failed lawsuits Team Trump filed after the 2020 election, describes its work as "a bipartisan effort to protect democracy...by holding accountable Big Lie Lawyers who bring fraudulent and malicious lawsuits to overturn legitimate election results, and by working with bar associations to deter future abuses by establishing clear standards for conduct that punish lies about the conduct or results of elections."

The group has filed ethics complaints against loads of scammy Trump attorneys across the country and, as Teter explains today, against elected officials who are also licensed attorneys, like Sen. Ted Cruz and Attorney General Ken Paxton, both of Texas, for their fraudulent legal efforts to steal the 2020 election for Trump and rob millions of Americans of their perfectly legal votes.

"It's a solid case," Teter tells me today, regarding the CA State Bar's case against Eastman. "There are no disputes about the facts, quite frankly. Everything that John Eastman was doing and engaging in in 2020 and early 2021 has been well-documented. Those efforts clearly violate the rules of professional conduct that every lawyer swears to abide by. There are no 'slam dunks' in this world, but I think this is a very strong case and the bar wouldn't have brought it forward if it didn't think so, as well."

We discuss how rare cases like these are --- or used to be --- and how much State Bars really aren't prepared for cases like these. It's one of the reasons, Teter explains, that it has taken so long to bring many of these Trump attorneys before the Bar.

"The disciplinary processes set up in the states are not set up in a way to protect democracy or protect the abuse of the legal system" the way Team Trump has abused it. Usually, he says, they examine one page complaints, where an attorney has overcharged a client or something. "The bars need to adjust their thinking and their approaches to make sure they are protecting democracy."

Teter argues that most of the cases brought by Trump and his attorneys after the 2020 election were never meant to win. They were simply meant to allow members of Congress and others to argue that the 2020 results were in dispute. "They knew they didn't have the law or the facts. They were using the court system as a political tool, as part of their propaganda."

"So when they lost these lawsuits it didn't create any disincentive to continue. They got out of them what they wanted," Teter explains. "These bar associations are not used to lawyers using the legal system in this way and they need to get caught up. They need to start thinking about the abuse of the legal system, the abuse of law licenses in this way."

We've got a lot to discuss today with Teter, including the remarkable number of Trump attorneys now facing court sanctions, disciplinary charges and potential disbarment. That, he says, has at least made it more and more difficult for Trump --- and his acolytes like failed 2022 Gubernatorial candidate Kari Lake in Arizona --- to find lawyers willing to represent them.

"MAGA has a new meaning now," Teter quips, "which is Making Attorneys Get Attorneys."

And finally today, as we're on the Trump Accountability beat again (was there ever a time when we weren't?), potentially good news out of New York today, where the Times reports that Manhattan District Attorney Alvin Bragg has begun presenting evidence to a grand jury seeking criminal charges against Trump himself, related to his hush money payoffs to porn star Stormy Daniels in the run up to the 2016 Presidential election...

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While Special Counsel Jack Smith is said to be investigating the Trump-incited January 6 insurrection at the U.S. Capitol and the his fake electors plot to try and steal the 2020 election, among other things, there is a still-ongoing, post-2020, multi-state plot, coordinated by Trump's top MAGA lieutenants that the Feds don't yet seem to be probing. Our guest on today's BradCast is trying to change that. [Audio link to full show follows this summary.]

For the better part of this past year, we've have been closely reporting on the bizarre plot uncovered by frequent guest and longtime election integrity expert Marilyn Marks during the lawsuit filed by her group, Coalition for Good Governance, seeking to replace Georgia's 100% unverifiable touchscreen voting systems with hand-marked paper ballots.

Marks recorded a phone call she received last year from an Atlanta businessman who, essentially, confessed to a scheme that has since been revealed to have been overseen and paid for by disgraced Trump attorney Sidney Powell. It involved the Board of Elections and local Republican Party officials in right-leaning Coffee County, Georgia allowing a team of computer wonks to make copies of the County's proprietary voting and tabulation software, including the sensitive Election Management System, manufactured by Dominion.

Thanks to GA's Republican Sec. of State Brad Raffensperger, every county in the state is forced to use the same vulnerable, unverifiable voting systems. Making copies of those systems in one County essentially offers a blueprint for how to disrupt elections in various ways in every County in the state. Moreover, those systems are also used in jurisdictions in at least a dozen other states. Cybersecurity experts have described the Coffee County breach as extremely worrisome.

Nonetheless, until the scheme was exposed by Marks, Raffensperger's office appears to have been covering the entire thing up. And, even after it was exposed, his office --- including one of Raff's top lieutenants, Gabe Sterling --- continued to deny any of it had happened.

"Even recently, there was people saying, 'We went to Coffee County and we imaged everything,'" Sterling declared at an election forum at the Carter Center in Atlanta last April, before falsely adding: "There's no evidence of that. It didn't happen." But it absolutely did happen, as security camera video from the Coffee County Board of Elections offices, also obtained via Marks' lawsuit, subsequently made abundantly clear. The plot even involved a number of well-known MAGA Mobsters, such as Doug Logan, CEO of the Cyber Ninjas outfit that later carried out the phony post-2020 "audit" in Arizona last year.

Voting system software breaches similar to the one in Coffee County were also carried out and reportedly overseen by Powell, in several others states, including Nevada, Michigan and Colorado. As the Washington Post confirmed again this week, the stolen software "was then uploaded to a website, from where it was downloaded by election deniers across the country."

Despite all of this disturbing evidence, federal authorities do not appear to have even begun to probe these coordinated plots which, as our guest today confirms, can really be considered a crime still in progress, since the copied software can be used to undermine upcoming elections, for example, in 2024.

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit good government group, Free Speech for People, to discuss the 14-page letter [PDF] that she and more than a dozen of the nation's top cybersecurity and voting system experts sent this week to Special Counsel Smith, Attorney General Merrick Garland, as well as the Directors of both the FBI and Cybersecurity and Infrastructure Security Agency (CISA), seeking a federal probe of the coordinated, ongoing plot.

"Now that they have the software," Greenhalgh explains today, "they have all the elements of the voting system, from the poll pads to the election management system which aggregates and reports totals, and everything in between. They can create their own election system and probe it to find out how it's vulnerable, and also develop ways that they can exploit those vulnerabilities. They can decompile the software to study the source code and understand how they might create malware that could get in and wreak havoc with the way the votes are counted."

Remember, these software breaches happened in most cases with the cooperation of insiders, local election officials who have direct access to these systems. Greenhalgh notes that "malware can be designed to be undetectable in many ways. So if you wanted, you could use it to disrupt an election so that people can't vote, or you could do it in ways to disrupt and manipulate or tamper with an election that is not visible to outsiders. Or you could just use the software to create disinformation campaigns and say 'I can show you how this election system was compromised and why it counts incorrectly'," even when it hasn't.

"We don't even have to imagine that because that's already been done," she continues. "That was by Matt DiPerno, the guy who ran against [Democrat] Dana Nessel for the Attorney General position in Michigan. He's also quite a famous election denier. He had a copy of voting system software that was obtained extra-legally in Michigan and put it on machines and put up videos that said, 'This is how we can manipulate these systems.'"

Greenhalgh details other ways in which these breaches are so troubling to the experts signed on to FSFP's letter; explains whether there is any evidence that the breaches were used to exploit systems in 2022; responds to remarks from the GA Sec. of State's office attempted to conflate real, longtime election security and voting systems experts with the MAGA conspiracy theorists and election liars; discusses how the Coffee County breach appears to have been covered-up by Raffensperger and other Georgia officials; and details why the lack of a federal investigation continues to threaten future elections, including the Presidential contest in 2024.

"The chance of manipulating elections going forward is very real," she warns.

Also today...since we could use some dumb news to offset that very disturbing story, 2024 Presidential candidate Donald Trump is now in the business of ripping off his supporters with hilarious, $99 digital trading cards in which he is illustrated as a super hero! Get yours today! Before they run out!

And finally...we close with Desi Doyen and our latest Green News Report, including troubling news from NOAA on the worsening effects of climate change in the Arctic; the existential threat to the world's forests of rapidly expanding oil and gas exploitation; and the EU's decision this week to institute the world's first carbon import tariff...

It's another busy day on The BradCast! Enjoy!

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(P.S. We're off tomorrow for more dental adventures, but will be back next week to cover the House January 6 Committee's finale and more before our holiday break!)

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