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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Today, on our last new BradCast of 2024: It's beginning to look a lot like failure, everywhere you look in D.C. It's already getting pathetic before either the new majorities are sworn in to Congress or the new Administration officially takes over the White House. But we're all here for the GOP fiascos today! [Audio link to full show follows this summary.]

FIRST UP... A state appeals court panel in Georgia ruled 2 to 1 on Thursday that Fulton County District Attorney Fani Willis must be disqualified from the racketeering indictment she filed against Donald Trump and 18-conspirators for their failed attempt to steal the state from Joe Biden in 2020. The case itself, however, may continue. The court cited an "appearance of impropriety" related to Willis' romantic relationship with a former Special Prosecutor assigned to the same case. She quickly filed an appeal to the ruling today, but it could be the end to this criminal case against the convicted felon who will be sworn in as President, even though today's ruling could still be overturned by the state Supreme Court or Georgia's Prosecuting Attorneys' Council could reassign the case to another prosecution team.

THEN... If you're looking for an idea of what next year may be like in Congress, when Republicans in the U.S. House will have an even slimmer majority than they do now, and when Donald Trump will be "running the ship" in the White House, look no farther than the clusterf__k that has unfolded over the past 24 hours in the House. A bipartisan, bicameral deal to avoid a Government shutdown on Friday, just before Christmas, was effectively nixed by... Elon Musk, the unelected South African who appears to have purchased not just the Presidency, but the entirety of the U.S. Government with his $277 million investment on Trump's behalf in the 2024 Presidential election.

After a few of Musk's tweets against it yesterday --- despite clearly never even having read a single page of the three-month Continuing Resolution meant largely to keep the government operating until a full budget deal could be reached in March --- the bill was pronounced dead. Then Trump jumped in, late in the game, to say that he too --- just like Elon! --- was against the bill! Even though he could have rung in to kill it or change it any time long before yesterday. Musk, the richest man in the world, and perhaps the most clueless (at least when it comes to how government and legislation works) now seems to be running the GOP ship in D.C., despite having no clue how to run a D.C. ship.

Trump then began demanding an end to the very idea of a Debt Ceiling despite the Debt Ceiling having nothing to do with this week's must-pass legislation. (His newfound objection to it is apparently because he doesn't want to have the raise the Debt Ceiling on his watch, so he'll be free when he does to blow up the national debt with new, enormous tax cuts for his wealthy pals...like Elon!) This afternoon a new bill was cobbled together that Trump claimed to support. But, minutes after we got off air, that measure failed, as Democrats were no longer interested in helping Speaker Mike Johnson --- or Trump or President Musk --- out of their own mess.

Of course, that's not all that's happening at years-end. And we've got two of our good friends and fan faves here to try and make sense (or not) of much of it. We're joined once again today by fellow old-school bloggers, HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog, and DRIFTGLASS, author of his own eponymously-named blog and co-host of the weekly Professional Left Podcast, for an end-of-year roundtable, of sorts.

As usual, they've both got keen insight on the idiocy unfurling in D.C. today and much more, including such topics as...

• DRONES over New Jersey!!! (Also: Who cares?)
• Elon's buffoonery and Trump's diminishment.
• Mike Johnson's likely brief future as House Speaker.
• Consequences and dangers (for voters, for January 6th, for Inauguration Day) of a GOP holiday government shutdown and a GOP failure to elect a House Speaker.
• Corporate CEOs kissing Trump's ass, for some reason.
• Will we be targeted by the new Administration?
• Should Joe Biden offer preemptive pardons to people like Liz Cheney?
• Do Dems really need to reinvent themselves, as some claim, after narrowly losing the Presidency and picking up a seat in the House in November?
• Did the Dems blow an opportunity by not elevating superstar Rep. AOC to Ranking Member of the Oversight Committee?

...And what are Digby and Driftglass most worried about --- and most hopeful for --- in the new year, as a new Republican majority takes over Congress and either Trump or Musk take over the White House?

FINALLY... Desi Doyen is here for our last Green News Report of 2024, as the Biden EPA grants California's waiver to phase out sales of new, all-gasoline cars by 2035; A disturbing new study on microplastics and cancer; And Biden's Dept. of Energy finds that GOP plans to expand natural gas exports will hike up prices for Americans...

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It's going to get much darker and more ridiculous, before it begins to get better. But it is not "The End", despite a suggestion of same here and there throughout today's BradCast. [Audio link to full show follows this summary.]

Among our coverage today...

U.S. House race updates from California where, this week so far, one seat has flipped from "red" to "blue", another that had been expected to turn "red" will likely stay in Dems hands (the seat formerly held by Democratic Rep. Katie Porter), and another longtime "red" seat (since 1980!) appears on the verge of flipping to Democrats. Even so, as of airtime, Republicans are now just one seat away from narrowly winning majority control of the lower chamber of Congress.

Donald Trump lost his first political battle with his upcoming Republican U.S. Senate Majority on Wednesday morning, as South Dakota Sen. John Thune, a Mitch McConnell deputy, was selected by the Caucus as its new Majority Leader. MAGA enemy McConnell is set to retire and Florida Sen. Rick Scott, loudly lobbied for by MAGA, was defeated in the contest to replace him.

Another wave of stooges, corporatists and/or unqualified buffoons were named for key Trump Admin roles since yesterday's program. And the latest wave includes some real humdingers!...

• 'The Ultimate Corruption': Richest-man-in-the-world and major government contractor Elon Musk and failed GOP Presidential nominee Vivek Ramaswamy were named to head up the "Dept. of Government Efficiency" (DOGE! Get it?), even though, as AP notes there is no such government agency.
• 'Who the f--k is this guy?’: Trump's nomination of Fox "News" weekend host and former National Guard major Pete Hegseth's nomination for Defense Secretary --- to oversee an $800 billion annual budget and nearly three million troops and civilian employees --- stuns the military world.
• A Gift for Vlad: With no experience at all in the field, jilted Democratic Congresswoman/Presidential nominee turned Republican Putin propagandist and Trump fan Tulsi Gabbard is named to be the next Director of National Intelligence.
• 'Uniquely Awful': Florida Congressman and MAGA insurrection supporter Matt Gaetz, long investigated for the alleged sex trafficking of minors, is named to be Trump's U.S. Attorney General.

Then, we're joined by longtime national security and accountability journalist MARCY WHEELER of Emptywheel, to walk through the post-election status of the four different criminal felony indictments (and 34 convictions) of the incoming President of the United States.

Donald Trump's cases at the federal level --- for stealing national security documents and inciting the January 6, 2021 attack on the U.S. Government as one of several failed attempts to steal the 2020 election --- will now, most likely, just go away. Though Special Counsel Jack Smith is reportedly putting together final reports in those cases for potential release in advance of Trump taking office.

"The cases are going to end, but I suspect Jack Smith was already thinking about what he would do if Trump won, and the way in which to leave the best record available," Wheeler tells me, suggesting that he may do it soon enough that there could be public hearings on those indictments in the U.S. Senate, while Dems are still in majority control.

The two cases at the state level --- in New York, where he was convicted on 34 felony counts of fraud related to hush-money payments to help him win the 2016 election, and in Georgia, for trying to steal the 2020 election --- are a bit more complicated. It's less clear what will happen next in both cases, as sentencing is currently pending in NY and appeals are continue in GA where Trump's 18 co-conspirators, including his disgraced lawyer Rudy Giuliani and former Chief of Staff Mark Meadows, may be tried without him.

We also discuss what happens to Trump's civil verdicts where he was found liable for $355 million for fraud in New York, and for $90 million in the E. Jean Carroll sexual assault case.

Wheeler also discusses the pending fraud charges against Trump buddy Steve Bannon; the outrageous nomination of Matt Gaetz as Attorney General ("All of these Jan 6ers are going to be released, probably including the seditionists."); whether A.G. Merrick Garland could have done anything to bring any case against Trump to a trial, much less a conclusion, before this year's election; and how "the Republican Party, as a whole, has decided that they do not believe in rule of law anymore"...

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Far-right Republicans in the Lone Star State are telling us about their extreme plans. Why are both state and national media downplaying them? We discuss on today's BradCast. [Audio link to full show follows this summary.]

BUT FIRST UP... The Presidential Primary season comes to a close this week, with Tuesday's contests in New Jersey, Montana, New Mexico, South Dakota, Iowa and D.C. (Though Democrats in Guam and the Virgin Islands still have a chance to ring in this weekend! And non-Presidential primaries will continue in many states in the week's ahead!) We've got some of your noteworthy results fron Tuesday today, such that there are any, including Presidential results reflecting small, if notable numbers of voters on each sides of the aisle who remain dissatisfied with both President Biden and convicted felon Donald Trump as their party's nominee.

THEN... This week, lawmakers in the very narrowly GOP-controlled chambers of Arizona's state legislature became the latest such body to try and pass new laws mimicking Texas' Senate Bill 4. That law, currently under federal challenge by the Biden Administration, grants unprecedented authority to state and local law enforcement officials to arrest people suspected of being in the country unlawfully and allows state judges to deport them. Those are roles traditionally played by federal, not state, officials. In Arizona, the Democratic Governor vetoed a similar effort earlier this year, so GOP lawmakers are now moving to place the measure on the state's already very long November ballot.

What happens in the increasingly radicalized state of Texas, unfortunately, does not stay in Texas, where Republicans hold solid majorities in both chambers of the state legislature, every single statewide office (since 1994), and every seat on the state Supreme Court. Those Republicans have only become more radical with each passing year, as evidenced by the state GOP's horrifying official party platform [PDF] adopted at their recent state party convention.

Just a few of the many planks, among others, call for doctors to be charged with homicide for carrying out an abortion; the Bible to be taught by chaplains in public schools; the deportation of noncitizens living lawfully in the country if they happen to participate in the wrong public protest; the withdraw of the U.S. from the United Nations and the organization's removal from U.S. soil.

Perhaps most disturbing (at least to me), the manifesto calls for a new law to mandate that statewide officials must win not only a majority in the state, but majorities in more than half of Texas' 254 counties in order to win office. That measure, if turned into law, would make it largely impossible for any Democrat to ever win statewide office again, given that the vast majority of the state's liberals are populated in a handful of large counties that are home to the state's major cities. Texas would become a one party state.

The Washington Post's Karen Tumulty this week described the TX GOP party platform as "hair-raising" and a sign that the state GOP has "gone off the deep end". But, at the same time, she marginalizes the document as "not a serious policy road map."

It is not only national media downplaying it. The Austin American Statesman describes the platform as little more "a wish list...than a road map that will be followed...by lawmakers in Austin or Washington". The otherwise excellent Texas Tribune similarly downplays the stated threats to democracy (and just about everything else) in their own coverage.

But our guest today, ANDREA GRIMES, an Austin-based journalist and activist who has been covering state GOP conventions since 2010, argued in an op-ed at MSNBC late last week that such views by major media outlets "aren’t merely outdated. They’re patently incorrect, contradicted by demonstrable evidence that the Texas GOP platform has been driving policy in Texas and beyond not just recently, but for several years."

She joins us to detail that case today, warning that while all of these planks may sound crazy, increasingly radicalized and extremist Republicans and their office holders in Texas "and beyond" are telling us exactly what they plan to do and have a record, going back years now, of enacting into law some of the state GOP party's most appalling measures. Once fringey ideas that began as little more than seemingly buffoonish platform planks dismissed by media outlets as sops to the party's most extremist elements have since become mainstream Republican party orthodoxy and enacted into law in Texas and many other states. The failure by mainstream media to notice and warn that "these people are not messing around" continues to ill-serve the nation.

Grimes details how the problem goes back to at least the "Tea Party" days and the "white racist reactionary political movement" that rose up in response to the nation's first Black President. But that has accelerated, she says, since 2016 "with the rise of Trump" and "a Republican Party that is living its best, most crazy life at this point, achieving win after win in terms of policy."

So why are these state GOP party platforms, much of which have become law in recent years, still being downplayed by editors at mainstream state and national media outlets, rather than being regarded as the warnings that they are?

"The phrase that continues to come into my head over and over is 'normalization bias'," Grimes tells me. "It's very difficult to come to grips with the true terrors of our political reality because they are outrageous. It is outrageous for Samuel Alito to be flying an upside-down American flag at his home. It is outrageous for Trump to foment an insurrection. It's outrageous for insurrectionists to storm the U.S. Capitol. These things are outrageous. And I think there's a sense among members of the mainstream media that, if they can strive to pursue the maintenance of objectivity and normalization, that things will somehow even out on their own, and they won't be asked to truly describe the world as it is. They won't be asked to go into this uncomfortable place of appearing biased, when in fact they would simply be describing reality."

"American journalism is so rooted in this conceit of objectivity. It is so beholden to this idea," she adds. We've got much more to discuss along these lines today, including whether there is any analogue to this phenomenon on the Democratic side (spoiler alert: nope, nothing even close) and what, if anything, can now be done by Americans to stem the tide of radicalism, particularly if media outlets continue to fail call it out for what it is. It's a great conversation, I think, that I hope you tune in for!

FINALLY... Just before the close of today's show, news breaks out of Georgia that the state Appeals Court has placed a pause on Fulton County District Attorney Fani Willis' sprawling conspiracy indictment against Trump and 18 co-conspirators for their alleged criminal scheme to steal the 2020 election in Georgia, as an appeal by the defendants to remove Willis from the case moves forward. Upshot for now: The case was highly unlikely, at this point, to get to trial before November. Now it absolutely won't.

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How many times did the disgraced, twice-impeached, four-time criminally indicted former President tell us he would "absolutely" be taking the oath to testify in his own defense at his 2016 election interference trial in New York? More times than we can count. Each time was a lie, as discussed among other matters on today's BradCast, as closing arguments are set to begin next week, before jury deliberations in the first-ever criminal trial of a U.S. President. [Audio link to full show follows this summary.]

Before we get to today's "ketchup" konversation on Trump's first criminal trial, we touch on a few noteworthy results out of primary and special elections in Georgia, Kentucky, Oregon and California on Tuesday, along with problem reports for voters and tabulation out of Georgia, Kentucky and, from last week's primaries, in both Baltimore and Prince George's County, Maryland.

Then, we're joined once again by award-winning columnist HEATHER DIGBY PARTON, of Salon and Hullaballoo, and former attorney and lifelong Republican KEITH BARBER, who now regularly blogs on legal matters as "KeithDB" at the progressive Daily Kos.

On Tuesday, the Defense rested in Donald J. Trump's criminal trial in New York on 34 felony counts related to a hush-money payment made to porn star Stormy Daniels in the weeks before the 2016 election, in a successful effort to help him cheat to win it. The trial has focused on the subsequent, allegedly falsified reimbursements made by Trump during his first year in the White House to his then lawyer/fixer Michael Cohen to cover it all up.

Last week, Cohen finished his testimony as the final witness for the Prosecution. This week, Robert Costello, a cartoonishly thuggish lawyer buddy of both Trump and Rudy Giuliani, took the stand as one of just two witnesses called by the Defense. After a turn last week before the GOP's U.S. House "Weaponization of Justice" Committee, Costello would be the final witness for the Defense, in what turned out to be a wildly failed effort to try and discredit Cohen.

We catch up on all of that today, as we discuss, among other things...

• Justice Juan Merchan's upbraiding of Costello during his obnoxious testimony as the Defense's star witness, turning what might have been a mild win for Trump following cross-examination last week of Cohen, into what both Parton and Barber characterize as a disaster for the Defense. According to Parton, "It was really stupid of them to call him, knowing that the prosecution already knew what he had to say...He was bombastic, he was rude. ... Costello looked like a hired gun."

• To the surprise of absolutely no one, Trump failed to take the witness stand in his own defense after all, following months of promising to do so. It may have been the only smart thing he has done to help his case during the entire trial. As Parton notes, "Trump saw him as a good stand-in for himself," as he was almost certainly testifying at the instance of Trump and against advice of counsel. It went at least as poorly for Costello as it would have gone for the former President turned current Defendant, had he taken the stand.

• Barber details what he sees as "the missing link" in the Prosecution's case and "the biggest weakness" in the Defense's cases; how the jury is likely to view Trump's lack of testifying in his own defense ("The jury will be strongly admonished by the judge to not consider Donald Trump's failure to testify"); and what exactly they will be charged with deciding when they are finally instructed by the judge --- likely beginning next week --- to begin deliberations.

• Parton discusses her biggest concerns about the case, and how the mainstream corporate media has failed, yet again, in its responsibility of accurately reporting on the threat to the nation represented by Trump. Barber casts more blame on his old party, the Republicans.

• And, in a related matter today, we turn to the federal criminal indictment against Trump down in Florida for stealing highly classified national security documents and refusing to return them to the Government. On Wednesday, earlier court documents related to the eventual search warrant executed at Mar-a-Lago, were unsealed, leading Trump to lie about the FBI being "locked and loaded" in an attempt to "assassinate" him during the search...when Trump was in an entirely different state.

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On today's BradCast: A new cybersecurity incident has emerged in Coffee County, Georgia. That's the now-notorious rural enclave in the southeastern part of the Presidential battleground state where Donald Trump allies and operatives, in January of 2021, unlawfully breached, copied and distributed the state's proprietary touchscreen voting system software after the 2020 Presidential election. Five participants in that breach were charged with felonies as part of the broad racketeering conspiracy case against Trump filed in Fulton County, GA. [Audio link to full show follows this summary.]

Before we get there today, however, some quick news on Trump's New York criminal trial, where he stands accused of 34 felonies related to hush-money payments made just before the 2016 election to porn star Stormy Daniels. She took the stand today. We cover a few quick details, but will cover that and other related news in more depth on tomorrow's mid-week Trump Trial "Ketchup" program.

Also today, we're happy to announce another very rarely-bestowed BRAD BLOG Intellectually Honest Conservative Award. This one for Georgia's Republican former Lt. Governor Geoff Duncan. The prestigious honor comes in response to his courageous op-ed in the Atlanta Journal Constitution this week, in which he endorsed Joe Biden and encouraged fellow Never Trump Republicans to do the same, noting, "Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass."

Then, it's back to Georgia, where the Coffee County Board of Commissioners released a notice [PDF] late last month that they'd been notified by the U.S. Dept. of Homeland Security (DHS) and its Cybersecurity and Infrastructure Security Agency (CISA), 11 days earlier, about "unusual cyberactivity" on the County's local IT system. The terse statement from the County confirmed indications of "cyber-activity by an unknown malicious actor(s)". It claimed that "Steps have been taken to further secure the network and protect Coffee County's IT infrastructure", while noting that it had "informed Federal Authorities of the incident". (Yes, that would seemingly be the same incident that the very same press release says Federal Authorities, DHS and CISA, notified THEM about.)

We're joined today by longtime Election Integrity and Transparency champion MARILYN MARKS of the Coalition for Good Governance (CGG). Marks was the one who first learned about Team Trump's unlawful breach of GA's statewide voting system hardware and software in Coffee County that first took place on January 7, 2021 (the day after Trump's insurrection at the U.S. Capitol.) Her revelations resulted in the charges filed by Fulton County District Attorney Fani Willis against Trump attorney Sidney Powell (who pleaded guilty) and others involved in the Coffee County break in.

As Director of CGG, Marks is also the plaintiff in civil lawsuit in federal court, filed in 2017, seeking to ban GA Sec. of State Brad Raffensperger's mandated use of the state's easily-hacked, unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots. The trial in that long-running case, known as Curling v. Raffensperger, was finally held in January of this year. As Marks explains today, plaintiffs are still waiting on a verdict from U.S. District Court Judge Amy Totenberg who oversaw the trial, which included demonstrations from plaintiffs' experts revealing that Raffensperger's systems can be hacked by any voter at the polling place with nothing more than a ballpoint pen.

Today, Marks charges that Coffee County appears to have "hid and concealed" information about the new cybersecurity incident from the Sec. of State's office "for some number of days." Though little is still known publicly about the new hack, she is troubled by the news. "This cannot just be coincidence that there have been two such cyberattacks this year on counties, one in Fulton and one in Coffee. That's it. The two counties that have a lot of information challenging Trump and his allies related to [the earlier breach in Coffee] and the theft of the [voting] software to begin with."

We also get an update from Marks on the status of the Curling case, where it is getting very late in the election year for the judge to issue a ruling that would require Georgia to make hand-marked paper ballots available to voters at the polls this November. Marks, however, remains ever hopeful, noting that the move to hand-marked ballots would require no new equipment above and beyond what is already available at each GA precinct.

Marks also discusses a new Georgia law (signed by Gov. Brian Kemp this evening) that will eventually ban the use of tabulation via QRCodes on computer-marked ballots, requiring computer scanners to tabulate from the ballots' human-readable text that is supposedly verified by voters after it is printed and before its cast. Unfortunately, as she explains, that bill, even if implemented in 2026 as mandated by the legislation, will not make the state's touchscreen Ballot Marking Devices any less vulnerable to manipulation or any more verifiable by the public after an election.

Marks, whose organization found no evidence that Biden's 2020 victory in the Peach State was decided incorrectly, is also offering testimony this week to the GA State Board of Elections, advocating that recounts in the state must be carried out by hand, rather than by the same computerized scanners that tallied ballots in the first place.

"The state law is quite clear, a recount is to be done by hand, for obvious reasons such as the machine [used to tally ballots] is coded wrong," she explains. Otherwise, she adds, you're going to get the same incorrect results "if you just run the ballot back through the machine that is miscoded."

The reason that Trump supporters are still arguing over the 2020 tally in the state, she believes, is thanks to the lack of a public hand-count after that very close election. Raffensperger insisted on a machine tally instead. "All of that could have been solved if they had done a manual recount, as the law required. Which would have allowed Trump to appoint a counter at every table, handle every single ballot. And they would have had a hard time arguing then about counterfeit ballots, wrong counts, no transparency," Marks tells me. "A lot of the problems that we've lived with now over three years would have been solved if they had just followed the law and done a manual recount."

Finally today, we close with our latest Green News Report, with Desi Doyen's coverage of relentless rain and deadly flooding in both Brazil and Houston; the hottest April ever recorded on Planet Earth; and President Biden's unveiling of billions of dollars to spur clean energy production in rural areas and the removal and replacement of toxic lead water pipes across the nation...

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Desperate times, desperate measures and all that that entails on today's BradCast. Plus, we've got several pieces of long-overdue and wildly under-reported very good news as well. [Audio link to full show follows this summary.]

• Yes, Donald Trump's newly hand-picked RNC Chair Michael Whatley really did argue this week that America's enemies include Ukraine and charged that the President's "feckless leadership" encourages them to "meddle with our elections here." He also mentioned China and Iran as U.S. adversaries, but failed to say a word about Russia.

• Gun safety advocates --- which is to say, the vast majority of Americans --- have been hoping for years to see the so-called "gun show loophole" to avoid background checks closed. Today, after a lengthy rule-making process by the Bureau of Alcohol, Tobacco and Firearms (ATF) following passage of the Bipartisan Safer Communities Act in 2022, President Biden and the Dept. of Justice announced they are finally doing it. "This is going to keep guns out of the hands of domestic abusers and felons," said Biden in a statement today. His Attorney General, Merrick Garland, who signed off on the rule on Thursday, told reporters: "Under this regulation, it will not matter if guns are sold on the Internet, at a gun show or in a brick and mortar store. If you sell guns [you] must conduct background checks."

• Last week it was Ohio's Republican Secretary of State, and now Alabama's is warning Democrats that he may not allow Joe Biden on the state's ballot this November because the Democratic National Convention falls several days after state ballot deadlines. Both Secretaries of State had previously opposed Trump's removal from the ballot in Colorado due to the state Supreme Court's finding that he violated the U.S. Constitution's "Insurrectionist Disqualification Clause". And both OH and AL allowed Donald Trump on their state's ballots in 2020 despite the Republican National Convention being convened after each state's statutory deadlines that year. Are Republicans really that desperate?

• In 2022, Fulton County D.A. Fani Willis was disqualified from criminally investigating Georgia's Lt. Governor Burt Jones, who aided Trump's attempt to steal the Peach State's 2020 election as a "fake elector". Willis was blocked because she had hosted a fund-raiser for a political rival of Jones. Now, two years later, a former Republican D.A. in the state, Pete Skandalakis, who was tasked with naming an alternate prosecutor to probe Jones --- and sued for taking so long to do it --- has finally named a replacement. Himself.

• The rightwing propagandists at Fox "News" are definitely getting desperate following the all-Republican Arizona Supreme Court's ruling this week that reinstates an 1864 territorial law mandating a near-total ban on abortion in the state. On Tuesday, the day the ruling was handed down, not one of the rightwing propaganda outlet's evening prime-time stars even discussed it on their shows. That day, the topic was discussed for just 12 minutes across three different Fox programs earlier in the day, as compared to more than two-hours each of coverage on both CNN and MSNBC that same day and night. The next day, on Wednesday, Sean Hannity decided the 160-year old law should now be overturned and blamed the AZ Court's wildly unpopular decision --- and the predicament it offers to both women in the state and Republican candidates around the country --- on Arizona's Democratic Governor and Attorney General (who opposed the ruling.)

• After the most expensive state Supreme Court race in U.S. history last year, resulting in liberals retaking a majority on Wisconsin's high court for the first time in 15 years, the longest serving member of its now-liberal majority, 73-year old Justice Ann Walsh Bradley, announced she will not run for another 10-year term next year as previously planned. Thursday's decision by the popular, longtime jurist offers a chance for rightwingers to retake control of the Court in the state's 2025 Spring election. They will have to defend seats on the Court in both 2026 and 2027 thereafter. So, if they don't win next year, they won't get another chance at winning back a majority until 2028. The stakes could hardly be higher.

• Finally, Desi Doyen joins us for our latest Green News Report with more wildly under-reported good news on the Biden EPA's new rules to end deadly airborne pollution from chemical plants pollution and cancer-causing PFAS "forever chemicals" in our drinking water. It's about damn time. She's got still more good --- and not so good --- news in today's report as well...

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On today's BradCast: The most powerful pro-gun lobbying group in the nation --- along with its wildly corrupt leadership --- has finally been held to account for years of massive fraud. So what comes next for the NRA, for the firearms industry's ironclad death grip on the Republican Party, and for the continuing battle to enact popular gun safety reforms in the U.S.? [Audio link to full show follows this summary.]

We've got some answers to those questions but, first up, a bit of news today...

Both the disgraced former President Donald Trump and the current President Joe Biden each notched the number of delegates needed in their respective parties to clinch the 2024 nominations for President as of Tuesday's primaries and caucuses in Georgia, Mississippi, Washington state, Hawaii and the Northern Mariana Islands. (And, of course, there was some trouble on Tuesday regarding GA's unverifiable, computerized touchscreen voting system.) Based on the results in each state last night, Biden is clearly favored by more of his party's primary voters than Trump. Though we have a few noteworthy observations today.

And, also in Georgia, where Trump and 18 co-conspirators are facing criminal indictment in Fulton County for their multiple failed attempts to steal the state's 2020 election, the judge overseeing the case tossed six of the 41 felony counts brought against, though he allowed 35 others to move forward. In his 9-page order [PDF] on Wednesday, Judge Scott McAfee wrote that Fulton County D.A. Fani Willis will be able refile those six charges, though she'll have to add additional specificity if she does. Refiling the charges would also likely further delay the state's currently scheduled August trial date. Of course, many court watchers are on pins and needles this week waiting for McAfee's ruling, expected by Friday, on whether Willis, accused by one of Trump's co-defendants of inappropriately hiring one of her prosecutors, will be allowed to remain on the case.

Then, we're joined by KELLY SAMPSON Senior Counsel at the Brady Center to Prevent Gun Violence, the nation's oldest gun violence prevention organization, to discuss the fate of the beleaguered National Rifle Association, the group that began as a non-profit gun safety organization 150 years ago in New York City, only to become the nation's most powerful firearms industry lobbying group, opposing any and all gun safety reforms.

Late last month, a New York jury determined the NRA's longtime leader, Wayne LaPierre, had unlawfully misallocated millions of dollars of member money for years on his extravagant personal lifestyle, which included private plane travel and exotic vacations for himself and his family, among with many other luxuries. He also authorized hundreds of millions of dollars in NRA contracts in exchange for free trips and access to a 108-foot superyacht. In addition, the jury also ruled that the NRA engaged in years of fraudulent tax filings and violated whistleblower protections under NY law. LaPierre, who resigned in disgrace on the eve of the trial late last year --- brought by state A.G. Letitia James --- was ordered to repay nearly $5.5 million to the NRA. The group had attempted, after James' filing, to seek federal bankruptcy protection, but was blocked after a federal court determined it was only doing so in hopes of moving the organization to Texas to avoid accountability in NY.

So, what now? "Wayne LaPierre is indicative of a particular type of corruption, taking advantage of people and basically grifting," Sampson explains today. "He's not concerned with people's safety. He's concerned with enriching himself. This is a win in terms of accountability for that."

But, she says, there are other pro-gun groups that are now filling the gaps left by the faltering NRA in blocking gun safety reforms at both the state and federal level, despite support from broad, bipartisan majorities of Americans --- if not from Republican lawmakers captured by the gun lobby. "There are organizations like the National Shooting Sports Foundation, or NSSF, which is the gun industry's almost corporate wing," she warns. "Regardless of what happens with the NRA, we still have to deal with the rhetoric, the false information, and the fact that, yes, there are some politicians who feel beholden to what the NRA wants."

We discuss the broad popularity of policies such as universal background checks for gun purchases, which GOP lawmakers have long stymied, as well as cases now before the corrupted U.S. Supreme Court which seek to block the ban on bumpstocks that turn semi-automatic weapons into machine guns, and on a federal law designed to help keep guns out of the hands of those under domestic violence restraining orders.

Also, Sampson discusses a number of landmark initiatives by the Biden-Harris Administration to address the nation's ever-worsening gun violence epidemic, including "the first White House Office of Gun Violence Prevention, which is really using the power of the Executive to have a 'whole of government' approach" to the continuing scourge.

There is much to discuss, as you may imagine, in our conversation today with Sampson, the Brady Center's Director of Racial Justice and co-host of their Red, Blue and Brady podcast. Happily, today's discussion does not take place, for a change, just hours after another high-profile gun massacre...

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We covered so much territory on today's BradCast that I'm having trouble writing about all of the seemingly disparate pieces in a cogent narrative here. So I won't try. I'll give you the pieces, and hopefully you will listen to the show to see how it all ties together (or doesn't). [Audio link to full show follows below this summary.]

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

• Wednesday's mass shooting at the Kansas City Chief's Super Bowl victory rally; Wednesday's mass shooting at an Atlanta high school; President Biden's official response.

• Special Counsel Jack Smith's speedy filing [PDF] at SCOTUS in response to Donald Trump's continuing attempt to further delay his federal trial related to his attempts to steal the 2020 election with his absurd claim that Presidents enjoy "absolute immunity" for any and all crimes committed while serving in office.

• New York State Judge Juan Merchan on Thursday confirmed Trump's trial will begin on March 25 on 34 criminal felony charges related to hush-money payments made to a porn star to help him win the 2016 election. The judge rejected Team Trump's argument that sitting for a trial related to cheating to win the 2016 election will hamper his efforts to win the 2024 election. The trial is expected to last for six weeks.

• A salacious sidebar to the 13 criminal felony counts Trump is facing in Georgia for his failed conspiracy to steal the state's 2020 election played out in a Fulton County courtroom on Thursday. A defiant District Attorney Fani Willis responded on the witness stand to charges from one of Trump's 18 alleged co-conspirators that the D.A.'s romantic relationship with one of the prosecutors on the case was either inappropriate or somehow a conflict of interest effecting the charges brought against Trump and his co-defendants. Willis was defiant in her response to questions and her testimony will continue on Friday.

• BREAKING DURING SHOW!: A former FBI informant named Alexander Smirnov was arrested and charged with lying to government officials in the summer of 2020 about Joe Biden and his son Hunter receiving millions of dollars in bribes from Burisma, a Ukrainian energy company. Those lies have been a central part of Trump and Rudy Giuliani and House Republicans' phony, years-long attempts to smear the Biden family and impeach President Biden. Today's felony charges were filed by Trump-appointed Special Counsel David Weiss, who was tapped by Trump A.G. Bill Barr five years ago to try and find dirt on the Bidens. He found it instead on those spreading the dirt.

• A few thoughts on how corporate mainstream media headlines, social media posts and mobile phone alerts can dangerously distort news.

• A few thoughts on how Phoenix, Arizona media outlets 3TV and CBS 5 are seemingly doing the bidding of the fossil fuel industry while pretending to be consumer advocates. We details some of their dishonest and misleading coverage of the cost of battery replacements for hybrid Electric Vehicles. Sadly (and shamefully), they are not the only media outlets undermining humankind by doing the bidding of Big Oil in misreporting on EVs in America.

• Finally, Desi Doyen joins us for our latest Green News Report, with sad news on a mysterious and massive oil spill on the pristine beaches of Trinidad and Tobago; big changes happening in Greenland as it continues to get warmer and greener; and how climate change is now coming for your chocolate...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Among the stories covered today...

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

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

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

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

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

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

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

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

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

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A bad day in court for the former President is a good day for America and democracy. Happily, as reported on today's BradCast, it was a very bad day for the former President. [Audio link to full show follows this summary.]

Rudy Giuliani's attempted election theft sidekick, rightwing media darling, accomplished liar and opportunistically Christian Trump attorney Jenna Ellis offered a teary apology-ish in an Atlanta courtroom today, as she threw Rudy under the bus and pretended to be contrite for helping him and Donald Trump try to steal the 2020 election in Georgia.

Ellis was allowed to plead guilty to a single felony charge (she was originally charged with two) in Fulton County District Attorney Fani Willis' sprawling racketeering conspiracy indictment [PDF] against Trump and 18 co-defendants. She will receive no jailtime if she follows the terms of her plea deal and cooperates with prosecutors against her fellow co-defendants, which include Trump, Giuliani, Mark Meadows, John Eastman and others.

The manipulative Ms. Ellis (pictured above either crying or smiling following her remarks to the judge on Tuesday) boasted just last month about raising more than $200,000 for her legal defense in the case, which she characterized as "the criminalization of the practice of law" by a "weaponized government."

On Tuesday, however, she suddenly decided to claim "deep remorse" and that she should have made sure "that the facts the other lawyers alleged to be true were in fact true." She told the judge through her tears: "I believe in and I value election integrity. If I knew then what I know now, I would have declined to represent Donald Trump in these post-election challenges."

And you shouldn't believe her for a second, as discussed today. Ellis is the fourth co-defendant to plead guilty in Willis' case, and the third attorney to do so after Sidney Powell and Ken Chesebro last week. To date, all have avoided any jail time...as we discuss as well.

Elsewhere, on a very Trumpy news day (sorry, not sorry)...

• Moments before midnight last night, at the deadline for pre-trial motions, Trump filed a flurry of desperate pleadings in the felony indictment case against him by Special Counsel Jack Smith in federal court in D.C. for efforts related to his attempt to steal the 2020 election, including the January 6 insurrection. TPM's David Kurtz has an excellent quick round-up of the filings; former U.S. Attorney Barb McQuade characterizes them as "all losers"; and our friend Marcy Wheeler of Emptywheel offers the shortest, sharpest round-up of the pleadings which appear destined to fail miserably.

• In a New York state courtroom on Tuesday, where Trump, his company and his two eldest sons face the loss of their fraudulent business empire in Attorney General Letitia James' civil case against him, Trump's former attorney and fixer Michael Cohen testified --- as Trump glowered from the defense table --- that, when he worked for the Trump Organization he was "tasked by Mr. Trump" to inflate the value of company assets to "whatever number Trump told us." The judge in the case has already found Trump et al guilty on the key fraud claims brought by James. Several other issues and the final size of the judgement against the defendants remain at stake. Also, the question of whether Trump and his attorneys will be sickened by COVID again.

• In Congress, Republicans in the U.S. House spent the last two days selecting their newest Speaker Designate after moving to fire Kevin McCarthy three weeks ago. On Tuesday, after five rounds of voting in a close-door conference meeting, House Republicans selected Majority Whip Tom Emmer (MN). A few hours later, after being attacked by Trump, Emmer --- following in the footsteps of Steve Scalise and Jim Jordan before him over the past two weeks --- dropped out of the running. And we're back to square one with no Speaker and a House that is unable to do any business until the GOP can grow up and govern before next month's deadline for a full government shutdown.

• And, in one more Trump-related story from Friday. A state judge in Colorado rejected three different attempts by the disgraced former President to dismiss a lawsuit charging that he is ineligible to appear on the state's ballot next year under Section 3 of the 14th Amendment, the "Insurrection Disqualification Clause". The filings from both Trump and the Colorado GOP were all but laughed out of court by the judge. The trial in the matter begins in state court next week!

• Finally, Desi Doyen joins us for our latest Green News Report. The good news: Trump's name doesn't come up. The bad news: Pretty much everything in our latest Green News Report...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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