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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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!)

Now that Trump is safely out of office, as my guest on today's BradCast argues, Congress needs to "get back in the game" to reform the National Emergencies Act now, so it cannot be so easily abused by yet another President. [Audio link to full show is posted below.]

But, first up today, we pick up on a study we cited on yesterday's show finding that, in 16 developed countries examined over the past 50 years --- from the U.S. to Australia --- tax cuts have had no effect whatsoever on either jobs or Gross Domestic Product. The only thing they have done, however, is make the rich richer and increase economic inequality in countries that institute them.

In that vein, a new piece from the New York Times David Leonhardt reports on economic data finding that the U.S. economy has done better by every measure --- from jobs to GDP to incomes and even stock prices --- under Democratic Presidents than Republicans for the past 90 years. Going all the way back to FDR, the economy has grown at an average annual rate of 4.6 percent under Democrats and just 2.4 percent under Republicans. That means, as Leonhardt notes, that "The average income of Americans would be more than double its current level if the economy had somehow grown at the Democratic rate for all of the past nine decades." But why is that? We discuss. (HINT: It has to do with Dems heeding economic and historic lessons, such as using government resources to invest in flagging economies during recessions, versus the GOP's only apparent economic strategy for both good times and bad --- tax cuts!)

But, with Joe Biden now safely in office and Democrats finally in control of both Houses of Congress, things are, surprisingly enough, working out very well for a change...for now...after just two weeks. Years of Post Traumatic Democrat Syndrome, however, has left us waiting for that to change for the worse at any moment. Nonetheless, before that happens, what other lessons can be learned from the previous, disastrous Administration?

We're joined today by ELIZABETH GOITEIN, co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice. Back in 2018, with a report at the Brennan Center and a disturbing landmark article for The Atlantic on "The Alarming Scope of the President's Emergency Powers", Goitein scared the hell out of a lot of us, when she warned of the dangers of the National Emergencies Act and the extraordinary powers it affords to the White House. The Act --- ironically enough, enacted by Congress, in theory, to rein in Presidential emergency powers --- "unlocks powers contained in more than 100 different provisions of law," as she recently discusses again at Politico.  However, "Since the law’s enactment in 1976, presidents have declared 69 national emergencies; 39 remain in effect today," she explains.

One of those "emergencies," a phony one, was Trump's declaration at the border with Mexico, used to steal money appropriated to the U.S. Military in order to build his wall, after Congress expressly voted against it. Another one might have been a national emergency declaration that we now know --- thanks to some stunning reporting by Axios yesterday --- that Team Trump loons Sidney Powell, Rudy Giuliani and Mike Flynn were encouraging him to declare during an absolutely bonkers (and frightening!) White House meeting in December. They were hoping he'd invoke the act in order to impound Dominion Voting Systems machines and somehow use them to steal the election from Biden.

Goitein argues that after the last four years offered a very clear demonstration of how Presidents can abuse these emergencies powers, now is the time to reform the "under a president who seems more inclined to rescind bogus emergency declarations than issue them." On today's show, she explains how that can responsibly be done by Congress.

"I think there is an understanding that this administration is our chance --- and it's a chance that we must seize - to shore up the guardrails on our democracy. Emergency Powers has been part of that conversation, and I hope and trust that it will continue to be," she tells me. "Many of those laws absolutely need to be revisited and reformed to be made more narrow. There's absolutely no reason why, in a national emergency, the President should be able to take over radio stations. And the fact that by merely declaring a threat of war, the President could potentially even take over the Internet in this country is horrifying."

At the same time, however, new Senate Majority Leader Chuck Schumer is now calling on President Biden to invoke an emergency declaration to take action on our worsening climate crisis, which, as Schumer argues, would allow him to do "many, many things under the emergency powers of the President...that he could do without legislation," in order to get around Republican denialism and intransigence in Congress. Is that a good idea? Is it justifiable? Is it even possible under the National Emergencies Act, reformed or otherwise? Goitein recently responded to some of those questions at WaPo. We discuss them with her today, along with her revelations about some of her worst fears that Trump might have carried out under the existing powers.

Finally, it seems that the loony wingnut MyPillow CEO, Mike Lindell, is having trouble selling both pillows right now and his evidence-free claims that Dominion voting machines were used to steal the election from Trump. We share an hilarious clip of Lindell trying --- and failing miserably --- to make his case, even on the far-right NewsmaxTV, after the voting machine company has issued very serious legal warnings to both Newsmax and Lindell that they intend to sue for defamation if they continue to libel the company. After $1.3 billion lawsuits filed against both Powell [PDF] and Giuliani [PDF], Newsmax appears to be taking that threat very seriously. Lindell? Not so much!...

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 you thought the news might slow down a bit with Donald Trump finally out of office, you may still have to wait a while.  On today's BradCast, we pick up where Friday's left. Moments after we got off air a ton of astonishing news broke, and it has continued right up through airtime today.  Most notably, the stunning story of just how close the nation's mercifully former President actually came to stealing the election from Joe Biden and the American people is only just now beginning to come together. [Audio link to full show follows below summary.]

We start today --- (which, by the way, marks our 17th Anniversary of muck-raking and trouble-making via The BRAD BLOG! Please feel free to help us continue our reader/listener supported work into our 18th year with a much-needed donation!) --- with another $1.3 billion defamation suit filed against yet another Team Trump legal liar and defamer.  Following a similar suit filed by Dominion Voting Systems against Trump's attorney Sidney Powell just weeks ago, his lead election-theft attorney, Rudy Giuliani, has now also been slapped with a $1.3 billion defamation lawsuit by the Canadian-owned firm.

The 107-page complaint [PDF] filed on Monday, as we detail at some length today, charges that Giuliani repeatedly fueled Trump's "Big Lie" about the election and the repeatedly evidence-free claims that Dominion's systems were somehow used to steal it from Trump for Biden. These are the false claims that Giuliani made over and over again in public, on rightwing media and on his snake-oil peddling YouTube show, ironically named "Common Sense". They are also, as Dominion points out in the complaint, the same claims that Giuliani failed to make in a court of law, where he could actually be punished for his egregious and repeated "voter fraud" lies.

The company charges that the false information from Trump's attorney was also retweeted and shared millions of times on social media, leading to broad distrust and millions in potentially lost business by the private voting systems vendor. Giuliani's months long assault also resulted in a number of vile and violent death threats to company employees and contractors alike.

The central false claim by Giuliani --- which we have detailed on previous programs --- is based on a wildly bastardized and re-imagined version of a deep-dive investigative exclusive from The BRAD BLOG that I published more than 10 years ago. It relates to Dominion's 2010 purchase of another voting machine company that had once been owned by still another voting machine company that was once tied to Venezuela and its now deceased President, Hugo Chavez. My decade-old, completely accurate story was so bastardized by Rudy and Team Trump that, at one point, while he was giving false testimony about Dominion "fraud" to the GOP-majority Michigan state legislature in early December, Rudy claimed that Dominion's owners were brought "down to meet Chavez just two years ago."  (Chavez has been dead for seven years.)

As also explained today, we are no fans here of private voting companies having any place in our public elections. Nonetheless, Dominion is right to sue for the libelous and dangerous falsehoods repeatedly told by Team Trump, which also fueled the violent, attempted insurrection by the enraged and disinformed MAGA Mob at the U.S. Capitol on January 6. Moreover, there may well be more such suits coming in the days ahead. The firm has indicated they may even file suit against Trump himself.

All of that served as the basis --- at least in Donald Trump's addled-brain, as we learned over the weekend --- for a gob-smacking, last minute attempt by the then President of the United States earlier this month to also stage a coup at the U.S. Justice Department! He reportedly attempted to replace his Acting Attorney General with yet another lackey who was willing to use the Dept. of Justice to file suit at Trump's stolen and packed U.S. Supreme Court to reverse the 2020 Presidential election results in one or more states, and to lie to Georgia's elected officials that the DoJ was investigating major voter fraud in the state. That, the hare-brained but wildly dangerous scheme argued, should have then led Georgia state legislators to void the results and award the state's electors to Trump. In reality, Biden won the Peach State narrowly last November. There has been no credible evidence to suggest otherwise and, in fact, there has been quite a bit of evidence to suggest the results in Georgia were accurately tabulated by the Dominion systems.

On Friday, the New York Times' Katie Benner published the shocking scoop on that attempted DoJ coup, that --- along with several other pieces of reporting in recent days and weeks --- gets us a bit closer to understanding just how close Trump was to pulling a trigger that might have resulted in the complete undermining of American democracy and the stolen election he was after. We detail the plot to remove Trump's Acting Attorney General (the one he installed when even Bill Barr was unwilling to go along with Trump's phony election fraud scheme), prevented only by a vow of top officials at DoJ to resign en masse if Trump went through with it. The details, however, are as stunning as the story itself, and help to spell out exactly what Trump was hoping for with the insurrection he (and Giuliani!) incited at the Capitol on January 6th and how close he came to actually pulling it all off!

All of which underscores how the two week delay now scheduled in the U.S. Senate before Trump's second impeachment trial begins is likely to make things far worse, rather than better, for the disgraced, now former President.

Buckle up for today's latest edition of The BradCast!...

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 walls are closing in very quickly now --- even throughout our hour today --- on the man who President-elect Joe Biden correctly, if generously, described today as "not fit to serve" and "one of the most incompetent Presidents in the history of the United States of America." As we go to air, Donald Trump is still in office. We can't tell you for certain if that will still be the case by the time you hear today's BradCast. [Audio link is posted at bottom of article.]

On Thursday night, U.S. Capitol Police officer Brian Sicknick succumbed to injuries sustained during the attempted coup at the Capitol on Wednesday, as incited by Trump. He was the fifth person to have died amid the mayhem wrought by our outgoing criminal President. Sicknick's death, which Trump didn't bother to mention today, may add yet another crime --- conspiracy to incite murder or manslaughter --- to Trump's quickly growing rap-sheet.

On Friday morning, House Speaker Nancy Pelosi issued an ultimatum. Either Trump resigns now or new Articles of Impeachment will be filed on Monday. That, as the Administration rats continue to flee his sinking ship, with more resignations and the welcome news that sore loser Trump will not attend Biden's inauguration and plans to leave D.C. as of the day before. "Good riddance," we say, in echoing the two word statement issued by the American Federation of Teachers last night upon the news that Education Secretary Betsy DeVos was also quitting (though only after four convicted murderers and war criminals who worked for her brother received Presidential Pardons.)

More on Trump's growing legal perils and calls for accountability with my guest today, but first a few words on the news that Dominion Voting Systems has filed a $1.3 billion lawsuit against Team Trump attorney  and his fellow perpetual liar and con-artist Sidney Powell. The private voting systems vendor charges Powell led a campaign to spread "wild" and "demonstrably false" claims about the company, including lies about their voting systems being developed with communist money in Venezuela by the late Hugo Chavez and, with the help of George Soros and China and Cuba, being used to steal the election for Biden.

(Her absurd Venezuela/Chavez claims are bastardized and re-imagined versions of my detailed, accurate, exclusive investigative reporting at The BRAD BLOG from approximately 2008 to 2010. And, while I've been wildly critical for many years of Dominion's unverifiable voting systems, as deployed by Georgia's Republican Sec. of State, there is nothing to support Powell's fantastical claims, including her evidence-free assertions that the state's SoS and Governor received kickbacks from the company to deploy their machines in the Peach State, for the first time, in 2020.)

Dominion, which previously warned they were likely to sue for slander and defamation if Powell did not retract her false claims (she refused and "doubled down" instead, according to the 124-page complaint [PDF]), also has sent similar warnings to other Team Trump liars such as Rudy Giuliani, Fox "News", Newsmax and One America News. They suggest they may even sue Trump himself. We'll hope they do, even if I'm called to testify by the private election vendor which should have no place in our public election system.

But, for now, according to our guest today, Constitutional expert and former federal prosecutor BEN CLEMENTS, Board Chair and Senior Legal Advisor of the non-partisan government accountability group, Free Speech for People (FSFP), it's accountability for the "seditious" President of the United States that is of the greatest immediate concern.

Clements, along with FSFP's  John Bonifaz and Ron Fein, filed an op-ed in the Boston Globe on Tuesday --- the day before the Trump-instigated insurrection at the Capitol on Wednesday --- calling for Trump to be immediately impeached for a second time.

"At the time we wrote the op-ed, we were only dealing with the first major set of felonies that the President committed this week, in the effort to falsify the Georgia election results in his favor," he tells me today, referring to last Saturday's phone call by the President to GA's Sec. of State, cajoling and threatening him to "find" enough votes to steal the election for him there. (Yes! That was just this past week as well!) "At this point, we obviously have a second set of felonies in connection with his incitement of a seditious mob on Congress, which creates an even greater urgency."

But the reason Clements is calling for a second impeachment this late in Trump's term is because, as he explains: "There is really, for the most part, only one sure way to ensure that Donald Trump is not permitted to again run for office in this country...And that way is through the impeachment power.   If the Senate convicts, an official can be removed, but they can also be disqualified from ever holding federal office again. Aside from removal, which is now needed more urgently than ever, there is the need to disqualify him, to prevent him from running in 2024, or from running for anything else at any time in the federal government."

With just 12 days left before Biden's Inauguration, is there even enough time for such a proceeding?  As Clements, who authored a book with Bonifaz and Fein called The Constitution Demands It: The Case for the Impeachment of Donald Trump, details that impeachment and a Senate trial can happen even after an official is out of office. Indeed, as he (and his op-ed) recounts, there is even historical precedent for it.

We also discuss whether the Constitution allows for a Presidential self-pardon, whether Trump will try to execute one, whether lawful or not, and as FSFP called for yesterday, the need for Joe Biden's Attorney General-designate, Judge Merrick Garland, to immediately empanel an independent task force, once confirmed, to coordinate and investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."  Clements argues that, without public pressure, Democratic Administrations have had a tendency in the past, when taking office "after a corrupt and sometimes lawless Republican administration" to make a "a quick call to 'turn the page.'"

"We are hearing those calls broadly already," he says. But "if we really want to move forward, if we really want to restore the integrity of the Department of Justice, there must be accountability for the crimes of this Administration and particularly of Donald Trump. And there must be accountability for the destruction that he created to our democracy and to the Department of Justice. The reason we're calling for this is there is a risk that there will be this temptation to say 'he's out of office and let's move on.' And I think that would be a GRAVE mistake that will invite more lawless activity, that will invite more of the kind of activity that we saw on Wednesday with the attack on the Capitol."

As we chatted, news came in that Alaska's Republican Senator, Lisa Murkowski, is now calling for Trump to resign, declaring "I want him out" and threatening to leave her party if they continue to align with him. And Twitter finally did the right thing (years belatedly) by permanently banning Trump, citing the risk of further incitement of violence.

It's going to be a very dark weekend for Trump. But, for us, we close a dark week today with a long overdue, brand new and hilarious parody tune for the seditious moment, from the great Randy Rainbow! Enjoy!...

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!)

As recently reported by John Kruzel of The Hill, the attorneys taking part in Donald Trump's dishonest effort to overturn the results of the Nov. 3 Presidential election "face mounting ethics complaints" that could result in sanctions ranging from fines to censure, suspension or even disbarment.

Michigan's Democratic Attorney General Dana Nessel recently explained why she is seeking to have Team Trump attorney Sidney Powell and others subjected to discipline, including disbarment, for professional misconduct in conjunction with continuing frivolous legal efforts to overturn the results of the Nov. 3 Presidential Election...

Nessel's observations are certainly consistent with Rules 3.1 and 3.3 of the Michigan Rules of Professional Conduct [PDF] which prevent the pursuit of frivolous claims and forbids attorneys from knowingly making false statements of fact or law to any tribunal. "An action is frivolous," Rule 3.1 explains, "if the lawyer is unable to make a good-faith argument on the merits of the action taken, or to support the action taken by a good-faith argument for an extension, modification, or reversal of existing law."

MI's rules are in line with the American Bar Association's Rules of Professional Conduct as well.

Nessel is by no means alone in her critique of the dubious legal tactics being taken by a number of attoneys allied with Trump. In Delaware, a state judge, on his own motion, issued an order "to Show Cause why the permission to practice" pro hac vice (in a specific case), previously extended to out-of-state Georgia Attorney L. Lin Wood, Jr., should be "revoked". The court believes Wood may have "engaged in conduct in other jurisdictions, which, had it occurred [in a Delaware case], would violate the Delaware Lawyers' Rules of Professional Conduct."

There's a growing body of evidence that multiple attorneys have knowingly pursued frivolous claims that in hopes of undergirding Trump's dangerous and baseless conspiracy theories that the election was somehow stolen from him. They've piled up 59 losses in state and federal courts, many entailing outright dismissals by judges who described the pleadings as "without merit". Yet, that didn't stop right-wing groups of attorneys from recently filing 11th hour federal complaints that are not merely meritless but beyond the pale. So much so, that the D.C. and state bar associations might consider imposing the ultimate tool of attorney discipline --- disbarment...

On today's BradCast: Donald Trump's days in the White House are ending, but his response to that reality (and the reality of the most devastating hack of the U.S. government ever) is becoming more manic and desperate by the day. But at least, after nine months, Republicans have seen fit to allow some much-needed, long-overdue financial relief for sick, dying and desperate Americans as both Trump and the GOP's failed response to the pandemic has killed more than 316,000 Americans and may finally be catching up to them politically.

There was reportedly shouting and chaos --- even more than usual --- at the White House over the weekend, as Trump and his clown car friends and attorneys met to propose last gasp efforts to somehow steal and/or undermine the 2020 election. Trump's disgraced former National Security Advisor Michael Flynn --- recently pardoned by Trump for lying to the FBI --- is said to have called on the President to declare martial law to allow the military to re-run the Presidential election in swing-states that Trump lost; Team Trump attorney and professional conspiracy theorist Sidney Powell sought to be appointed as a Special Counsel to investigate 2020 "fraud"; and Team Trump's other corrupt, nut-ball attorney, Rudy Giuliani, reportedly wanted DHS to impound voting machines from battleground states for some reason. Trump's very Trumpy White House staff reportedly pushed back on all of those ideas, incredibly enough, and his outgoing Attorney General, Bill Barr, whose last day at DoJ is Wednesday, said in his final presser as AG on Monday that he saw no reason to appoint a special counsel and no legal grounds for the federal government to seize voting machines.

As that played out, over in the Senate, Mitch McConnell, who had refused to even negotiate with Democrats on a new COVID relief bill for the past nine months following the passage of the initial $2.2 trillion CARES Act in March, finally relented to allow another round of relief --- albeit much smaller --- to be adopted by Congress. That, following more than 16 million infections, hundreds of thousands of deaths and an economy in tatters. The $900 billion package he finally agreed to includes one time $600 payments for many Americans and extends unemployment insurance which runs out entirely by the end of the year, as tens of millions of Americans are now out of work due to the Administration's wildly mishandled pandemic. The package also includes nutrition assistance for the hungry, another round of the Paycheck Protection Program (PPP) for small businesses, money for hospitals and vaccine distribution, and even rent assistance, for the first time, among other things.

It's not nearly enough, says our guest today. But it's something, and it includes "nothing objectionable," at least for the most part. We're joined today by The American Prospect's Executive Editor, investigative financial journalist and author DAVID DAYEN, for details on the measure which he has been covering in-depth for months in his daily, indispensable "UNSANITIZED" report. Dayen explains what's in the bill and what is not, and why that is, along with why it is that McConnell even allowed the measure to come up for a vote at all after months of refusing to do so.

He argues that It's all about the January 5th U.S. Senate runoffs in Georgia, which will determine control of Congress' upper chamber for the next two years. "Mitch McConnell's Senate majority was on the line if he didn't get something done," says Dayen. "If McConnell manages to win at least one of those races in Georgia, he's going to be in control again. Joe Biden will be President, and every dollar that Mitch McConnell agrees to put into the economy is a dollar that helps Joe Biden."

"The question of how 'Not Enough' this bill is entirely is predicated on how fast we can vaccinate people," Dayen explains. "If we can vaccinate everyone by April, then we're probably going to get a rickety but sufficient bridge." But, he adds, if Biden's incoming Surgeon General is right when he noted over the weekend that "we won't get widespread availability of the vaccine until early Fall, then we're in big, big trouble. Because there's no more must-pass bills. The government is now funded through September of next year." That, Dayen notes, means that there is little if any leverage for Democrats to force Republicans to act on behalf of the American people.

"Democrats had to take out grants for state and local government relief," to get this bill passed, he tells me. "So when we get into next year, cities and states that have had these tremendous budget shortfalls, they are the ones who have to figure out how to fill that shortfall when they have no help from the federal government coming. It's likely going to result in cuts to public safety, teachers, firefighters, and public employees and not filling your potholes --- all sort of things at the local level that are going to have to be foregone because there is no money available. Mitch McConnell knows this, [and] that it could have the effect of offsetting any kind of recovery efforts at the federal level. We saw that in 2009. That stunted the overall recovery of the economy, and we're walking into it again." And with McConnell's eyes on 2022, he's likely just fine with that.

All of this underscores the importance of those two U.S. Senate runoffs in Georgia in January, and that Democrats Raphael Warnock and Jon Ossoff ought to be reminding voters every day that if they want any real relief from the federal government for the economic disasters that are almost certain to worsen due to all of this, they must elect both of them to give Senate control to the Democrats under a Biden Administration.

Finally, we've been reporting over the past week on two voting machines companies who have been threatening defamation lawsuits against Rightwing media outlets and the Team Trump attorneys who have been offering false claims that the companies were somehow involved in stealing the election for Joe Biden by flipping votes cast for Donald Trump. Last week, Smartmatic, which has no voting systems in any of the swing-states where Trump is trying to reverse his losses to Biden, threatened rightwing propaganda channels Fox "News", Newsmax and One American News Network (OANN) with defamation suits. They were sent a letter to instruct them that they would be sued if they did not retract false claims about the company, including allegations (apparently bastardized from our original, accurate investigative reporting from 10 years ago) that Smartmatic was somehow working with Venezuela's dead President Hugo Chavez and George Soros, along with the company's competitor Dominion Voting Systems in an international conspiracy to steal the election for Biden.

A day or two after Smartmatic's letter, Dominion sent a similar defamation threat letter to Team Trump attorney Powell seeking a retraction for her outlandish, evidence-free claims about the company.

On Friday then, in a bizarre segment on Fox' Lou Dobbs Tonight' --- which looked and sounded a lot like a deposition led by a disembodied off-camera voice --- Eddie Perez of the Open Source Election Technology (OSET) institute (he most recently appeared on The BradCast just a few weeks ago) answered a whole bunch of questions basically disabusing the evidence-free claims about Smartmatic that have been forwarded for weeks on Dobbs' show and many others. Reportedly Jeanine Pirro's and Maria Bartiromo's Fox shows ran the exact same segment with Perez, using almost identical introductions. The segments then led straight to commercial without comment from the hosts.

Fox is clearly terrified, and should be. As the New York Times' Ben Smith reported over the weekend, Smartmatic has retained attorney "J. Erik Connolly, who not coincidentally won the largest settlement in the history of American media defamation in 2017, for at least $177 million."

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 in Friday the 13th and Nightmare on Elm Street mode on today's BradCast, with a reminder that there are still 33 long days before Inauguration Day. And even though Freddy Kruger (in Nightmare) and Jason (in Friday, which I manage to get mixed up on today's show, but you'll get the idea!) get killed in every movie, they always find a way to reappear once you think they are absolutely, positively dead. We've made it this far, let's not let our guard down until the credits have finished fully rolling! [Audio link to full show is posted below.]

To that end, and beyond, we've got a number of stories worth your attention on today's show, including...

• The Democrats' majority in the new House of Representatives will be perilously thin --- just four votes --- when the new Congress is sworn in on January 3rd, warns Norm Ornstein at WaPo. That could very much come in to play when Biden's Electoral College victory is scheduled to be affirmed by Congress on January 6th, if all members are unable to be sworn in, in person, due to COVID. We discuss that short term concern as well as longer term ones for Dems in the House, where every single Dem vote will now likely be needed to pass absolutely anything --- especially once three members now tapped to serve in the Biden Administration vacate their seats and Dems are left with a slim one vote majority for a time. We discuss both those long and short ramifications today, as you need to know about both.

• But, before we even get to January 6th --- much less Inauguration Day on January 20th --- why did the Pentagon's Acting Defense Secretary, who was just appointed by Trump, call off all transition briefings with the Biden Transition Team last night? AXIOS reports Defense Department officials are "shocked" and the Biden team is very concerned. (Does Freddy still live?)

• We've got a bit of good news today, at least out of Georgia, where some rightwingers attempted to challenge the eligibility of some 50,000 registered voters who they claim have moved out of the formerly right-leaning Cobb County. They had hoped to keep them all from voting in the two, ongoing U.S. Senate runoff elections that will determine partisan control of the U.S. Senate on January 5th. The lame duck 3 to 1 GOP majority county Board of Elections heard the challenges today. Happily, the the Republicans members, who were all voted out and replaced by a Democratic majority on November 3rd, did the right thing. We explain.

• Meanwhile, a couple of days ago on the show, I was in the uncomfortable position of having to defend voting machine company Smartmatic, as part of a pretty epic rant, thanks to Team Trump and the MAGA Mob's bastardized use of some of my decade-old investigative reports at BRAD BLOG that were twisted and used to falsely attack the company for somehow working with Venezuela and its dead President Hugo Chavez to steal the 2020 election from Donald Trump. The private voting system vendor is now threatening to sue rightwing propaganda outlets Fox "News", Newsmax and OANN for defamation if they do not retract what the company describes as defamatory claims about the company that had absolutely nothing to do with the 2020 election in ANY swing-state.

  But now, yet another voting machine company, Dominion Voting Systems --- which actually DOES have contracts in a number of swing-states and has also been falsely targeted by the MAGA Mob for allegedly flipping votes from Trump to Biden --- is threatening to sue Team Trump attorney Sidney Powell for her false, outrageous, and arguably defamatory claims.

• Yet maybe --- just maybe --- something good can ultimately come from all of these nightmares. For that, ironically enough, we turn today to the rightwing propaganda outlet called The Epoch Times for evidence. A new article in the paper which is widely read, cited and shared by wingnuts, including the President of the United States, highlights a far-right attorney who has been involved in a number of the failed legal attempts to overthrow Biden's victory. He is now calling for a return to hand-marked and even hand-counted paper ballots!

  Decrying "the vulnerability of our digital footprint in elections," he argues: "We can keep the paper, and we can audit the paper, and we can do so with efficiency. But the primary aim should not be efficiency behind closed doors. It should be transparency and accuracy. Paper gives it to you." The article makes clear (if you read it, you can skip the middle section with a bunch of grievance nonsense regarding Facebook and Mark Zuckerberg --- told you it was a propaganda rag!) that he is calling for HAND-MARKED and HAND-COUNTED paper ballots!

  I have long argued that we'd likely never get rid of these god-forsaken computer voting and tabulation systems and restore public oversight to our elections until a high-profile Republican got thoroughly screwed by those systems or even feared that they got screwed by them. That's because it has largely been Republicans who have been defending their use for so many years. I guess I should have also noted that a Republican who pretended he was screwed by one of those systems might do the trick as well. Well, at this point, we'll take what we can get.

  Once the dust settles on 2020, let's hope there are enough Republicans who still have serious concerns about computer voting and tabulation that they are willing to work with other Election Integrity advocates, many of them from the Left, to end the obscene --- and often impossible to oversee --- computerized corporate control that has been allowed to takeover our public elections in the United States.

• Finally, Desi Doyen joins us for our latest Green News Report, as Biden focuses on jobs and climate in several recently reported key nominations to his Administration; Trump continues trashing the planet on his way out the door; and Washington state's Governor unveils an ambitious new clean energy jobs plan...

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!)

On today's BradCast: The Donald Trump Crazy Train keeps chugging along. And its getting crazier, and seemingly farther off the tracks with each passing hour as the outgoing President's days in the White House continue to diminish and his likelihood of facing criminal accountability grows nearer and nearer. One of the biggest remaining questions is how many of his supporters are still to get run over by that train.

Among the many stories we cover today...

• Before we dive deep into The Crazy, some very grim milestones in the COVID crisis which, turns out, wasn't a hoax at all, as both Donald Trump and Senator Ted Cruz "guaranteed" us before the election. On Wednesday, there were more than 200,000 new cases, more than 100,000 hospitalizations and more than 2,777 deaths confirmed from COVID. All of them single day records, as the pandemic will continue to get far worse in coming months before it begins to get better. All thanks, in no small part, to idiots like Trump, Cruz and whole bunch of other Republicans who sadistically sacrificed their constituents' lives in dashed hopes of seeing Trump re-elected;

• Following Attorney General Bill Barr's comments to AP earlier this week that, "to date," the Dept. of Justice has "not seen fraud on a scale that could have affected a different outcome in the election," Trump, as expected, reportedly blew a gasket. It resulted in a two and half hour meeting for Barr at the White House and Trump said to be considering whether he will now fire his second AG, despite his years of covering up and lying for the President and his unprecedented directive to dozens of Asst. U.S. Attorneys to investigate bogus claims of "massive fraud" before and after the election;

• On Thursday, the rightwing Wisconsin Supreme Court rejected the Trump Campaign's latest attempt to toss out hundreds of thousands of votes in a state that Trump lost. Of note, as has been the case in every suit they've filed (by way of contrast to what they say publicly to the chumps and suckers who believe in them), Team Trump offered zero evidence of fraud in their complaint. Rather, they complained about absentee ballot procedures that have been in place since before the 2016 election, when Trump is said to have won the state, as well as during this year's primaries. Apparently they forgot to claim that WI's absentee voting laws were illegal in those past elections. The suit was rejected today, however, because the court ruled it needs to be filed in a lower state court first before it can be heard by the state Supremes. The Campaign also filed another federal case in the state on Wednesday. It does not argue their was fraud in this year's election either;

• It's become so embarrassing that even top Trump sycophant Sen. Lindsey Graham is taking to Fox "News" to tell the Trump legal team that they need to provide proof of their fraud claims in court. "Doing a video is not proof," he said, shortly after Trump released a 46-minute video on Wednesday, falsely claiming (without evidence, naturally) that he actually won virtually every state in the union this year;

• Lack of evidence of fraud, however, has not stopped the Rudy Giuliani Traveling Dog 'n' Pony Show. After making presentations to GOP state legislators in "hearings" held in rented hotel banquet rooms in Pennsylvania and Arizona this week, the Republicans of the gerrymandered Michigan state legislature opened an actual hearing room in the state capital to the Rudy Show. It did not go well. We share the testimony from Melissa Carone, of one of the "witnesses" that Rudy hauled up to the stand. It's something to behold;

• Meanwhile, down in Georgia on Wednesday, a huge "Stop the Steal" rally at the Peach State capital, headed up by self-disgracing attorneys and Trump Crazy Train Conductors Sidney Powell and Lin Wood (who may actually be mentally ill), likely drove the what's left of the actual GOP crazy. Wood attacked the very Trumpy Republican Governor Brian Kemp, resulting in "Lock him up!" chants from the QAnon brain-poisoned crowd, before instructing the misinformed throngs that they should absolutely not vote for incumbent Republican Sens. Kelly Loeffler or David Perdue in the upcoming January 5th runoff elections that will determine partisan control of the U.S. Senate;

• Finally, we close with some helpful words, believe it or not, from far-right, not insane Trump supporter Erick Erickson. In a Twitter thread this week, the former Editor-in-Chief of the rightwing RedState blog, finally seems to have had enough of the madness of GOP conspiracy theorists who now believe that Trump's own DOJ, FBI, CIA, Attorney General, and the Republican Governors of states like Georgia and Arizona, not to mention others, have all teamed up to steal the election for Joe Biden. "Maybe…and I know this might just blow your mind…but maybe what if you've been lied to the whole time. There is no conspiracy. There is no theft of the election," Erickson unloads, suggesting that "maybe, just maybe" the problem is Trump and supporters who can't understand that "ultimately it is really you who are the problem because you so willingly got played and even now want to be played because now you're emotionally invested in a cause and a candidate and to admit you were played and he lost and there was no deep state conspiracy or theft of the election would actually make you look bad. So it's better to double down on the lies and bullshit and blame everyone else."

Sounds about right. Thanks, Erick. You can stop blocking me on Twitter now.

Buckle up and/or pop a bucket of popcorn or two for today's BradCast...

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 weekend and more of The Crazy since we last spoke. On today's BradCast we get you all up to date on the last several days of The Crazy as Donald Trump's attempted coup to steal back the Presidency continues to fall apart with each passing hour, and as the Republican Party decides to distance themselves from Trump's loony conspiracy attorney Sidney Powell while she turns the MAGA crowd against her own party before the critical January U.S. Senate runoffs in Georgia to determine control of the upper chamber of Congress. [Audio link to full show follows summary.]

The biggest news today broke mid-show, as Trump finally relented in allowing the General Services Administration to officially begin the transition to a Joe Biden Administration, even as he vowed he would "prevail" in his fight to overturn the will of the American voters and says his "case STRONGLY continues."

Well, about that case. It may be continuing, but it has never been anywhere close to strong. Among the related stories covered on today's show that prove it, before we turn to the phone for listener calls on all of this...

• First, a follow-up to Friday's show in which we debunked the insane case that Powell, Giuliani and now all of MAGA are making regarding an international conspiracy --- somehow led by the Dominion Voting System company, along with the late Hugo Chavez in Venezuela --- to steal the election for Biden. The conspiracy originates with the bastardization of an exclusive investigative report I published at The BRAD BLOG in 2010. Powell et al aren't even close in their twisted version of the story that now includes all sorts of false charges about voting machine companies and more. The bottom line, as we noted on Friday, but which warrants underscoring again today, because I've been trying to make the case for so long and now we're seeing what I warned about finally come to pass...

1. Simply because a computerized voting and tabulation system is vulnerable to fraud and manipulation does not mean that any particular election run on it has been defrauded or manipulated, and;
2. Even if an election is 100% secure and accurate, if it can't be known by the public to have been 100% secure and accurate, it is every bit as much of a threat to confidence in our democratic system as it would be if the election had actually been stolen on such a system.

• Other than that...Catching us all up from Friday....Trump loses another lawsuit in Nevada as a state judge rejects an attempt to block certification of Biden's victory, by more than 33,000 votes, in the state.

• Trump loses in Arizona as a state judge rejects a move for yet another audit of votes in Maricopa County (Phoenix), and the County's Board of Supervisors (4 Rs, 1 D) unanimously voted on Friday to certify Biden's victory in the state's largest county. Also, the final "SharpieGate" lawsuit was dismissed with prejudice in the state where Biden appears to have won by more than 10,000 votes.

• In Wisconsin, Team Trump is said to be obstructing the ongoing recounts requested by Trump in the two counties with the largest minority vote, Milwaukee and Dane, after apparently losing the state to Biden by more than 20,000 votes.

• Trump lost bigly in Michigan on Monday, where the state Board of Canvassers voted unanimously (with one abstention) to certify Biden's victory by nearly 160,000 votes. That, after Trump's attempt to twist the arms of the GOP leadership of the state's gerrymandered House and Senate on Friday appears to have gone nowhere. (But we'll soon find out for sure.)

• In Pennsylvania, Trump lost his attempt to toss out nearly seven million ballots and was excoriated by a conservative federal judge on Saturday for attempting to do so in the nation's sixth largest state where Biden appears to have prevailed by more than 80,000 votes. The brutal court loss led Republican U.S. Senator Pat Toomey to become just the second GOP Senator to concede (where Trump won't) by declaring [PDF] that "Trump has exhausted all plausible legal options to challenge the result of the presidential race" in the state. Trump's team of pathetic lawyers have since filed an emergency appeal to the 3rd Circuit, but failed to deliver their motion before the Court's deadline for doing so. This is the (likely doomed) case Trump hopes may reach SCOTUS where he believes he can win after packing the stolen GOP majority on the Court in his favor. He'd have to win a verdict there that somehow allowed legislatures in at least three states to reverse the will of their voters to appoint Trump electors instead of Biden's by December 8th.

• Down in Georgia, where Trump lost by about 13,000 votes following a statewide hand "audit" of all ballots last week, the Trumpy Republican Sec. of State Brad Raffensperger and even Trumpier Republican Governor Brian Kemp both certified Biden's victory on Friday. Over the weekend, MAGA "Stop the Steal" rallies in the state included verbal attacks on both Kemp and Raffensperger, along with vows to destroy the GOP and promises to boycott the critical January U.S. Senate runoffs in the state. We wish them nothing but luck in their endeavor! That came as Powell was taking to far-far right wingnut Newsmax TV over the weekend to allege that Raffensperger and Kemp were paid off by Dominion to steal the election for the Democrats' Presidential candidate. She offered no evidence for her claims. After years of critically reporting on both Kemp and Raffensperger --- including his ill-advised decision to spend $100+ million on Dominion's 100% unverifiable touchscreen voting systems this year --- we are unaware of any such evidence to support her claims. But we wish her nothing but luck in her endeavor to prove it! For now, the thanks she received was being tossed under the bus by Trump late on Sunday night.

• There was a whole lot more along the way today, but you'll have tune it for it all, along with some great calls we responded to near the end of the show today, as The Crazy continues to continue...

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!)