It's a grab bag on today's BradCast, as we cover a ton of stuff from around the world and here at home, just over two weeks before another critical Election Day. [Audio link to today's show follows below.]

Among our many stories covered today...

• With one disgraced, failed Conservative Party Prime Minister after another in Britain since they fell for that whole rightwing BREXIT scam, perhaps the good citizens of the UK might want to consider leadership from amongst the liberal Labour Party instead? Just a thought, but surely they couldn't perform any worse than the Torries, could they Lizz Truss, the third Tory PM to resign amid financial chaos and disgrace in as many years (she lasted just 44 days!) exited stage right today as the financial markets look to downgrade the the UK's credit rating amid continuing fiscal havoc and political uncertainty.

  It's all "self-immolation" and it echoes financial and political chaos repeatedly sown by our own "conservative" party here in the U.S. And yet, for some reason, a majority of the American public reportedly remain disinformed enough to believe, somehow, that Republicans are better on economic issues than Democrats. It's yet another sign of a failed corporate U.S. media, frankly. More thoughts and details in today's actual show, of course.

• There was better than expected news on global CO2 emissions this week! Despite a temporary return to coal, oil and gas by some in the EU in response to Russia's horrific war on Ukraine, the growth in fossil fuel emissions this year is far lower than previously predicted. This year, according to a new report from the International Energy Agency (IEA), growth in emissions from fossil fuels was just 300 million metric tons, compared to nearly 2 billion tons last year. New renewable energy coming on line from wind and solar and other sources of clean energy, along with the world's move to Electric Vehicles, is helping to counter a temporary return to fossil fuels in some parts of the world. Much of this is attributed to the acceleration of major clean energy policy plans around the world, some in response to Russia's war, but also to nations' effort to meet goals of the Paris Climate Agreement. That would include efforts here at home by Democrats and President Biden who enacted the world's largest single investment in climate --- nearly $400 billion --- in the Inflation Reduction Act, adopted without one Republican vote.

• With just over two weeks until the critical midterm elections with so much on the ballot, from democracy itself to all manner of Constitutional rights and freedoms, Democrats, progressives and other anti-authoritarians are pushing hard to win over voters. VoteVets, the nation's largest progressive veterans support group, released a blistering ad this week targeting Wisconsin's Republican Senator and insurrection enthusiast Ron Johnson, as a "traitor". And California's Rep. Eric Swalwell released a bone-chilling ad illustrating a dystopian future where police are knocking on doors to round women who've had an illegal abortion.

• Swalwell's fictional ad is hauntingly echoed by actual video footage obtained and published this week by the Tampa Bay Times in Florida, revealing law enforcement officials rounding up and arresting residents for what even the confused officers describe as "some sort of voter fraud thing". In August, GOP Governor and Presidential hopeful Ron DeSantis --- who is on this year's ballot against Democrat and former Gov. Charlie Crist --- held a dramatic news conference announcing 20 arrests by his new "Office of Election Crimes and Security". As we have since learned, those arrested were former felons who believed their voting rights had been restored after the landslide 65 to 35% passage of a statewide ballot initiative in 2018. But, the initiative had a few exceptions that the former felons weren't told about when they registered and when those registrations were approved by DeSantis' own State Department.

  “Voter fraud?," said one perplexed man as he was told he was being hauled off to jail for voting illegally years earlier. "Y’all said anybody with a felony could vote, man." Other arrestees, nabbed out of the blue at their homes just hours before DeSantis' news conference, were similarly stunned. Local law enforcement officials participating in the arrests also seemed unable to explain exactly why any of this was happening. The majority of the arrestees, according to the paper, were black and/or Democrats, "a throwback to the worst images of the Jim Crow South and a preview of a dystopian future under GOP authoritarianism," writes the Philly Inquirer's Will Bunch today.

  Yes, the authoritarian dystopian future envisioned by Swalwell's fictional video of cops rounding up a woman who had an abortion is shockingly similar to the videos published this week by Tampa Bay Times.

• Speaking of Florida and dystopia, GOP Sen. Marco Rubio and his Democratic challenger for reelection, Rep. Val Demings, squared off in a debate this week. Among the embarrassing moments for the two-term Republican Senator: his claim that absentee ballot drop-boxes shouldn't be used because someone could "put some explosives in it and blow it up and burn all of those ballots' and his explanation for why he previously claimed, after the 2018 Parkland high school massacre that killed 17, to support a ban on the sale of semi-automatic assault weapons to those under the age of 21 --- but he no longer does. "You've done nothing, nothing to help address gun violence," charged Demings, the former Police Chief of Orland in response. "How long will you watch people being gunned down in first grade, fourth grade, high school, college, church, synagogue, a grocery store, a movie theater, a mall and a night club and do nothing?!”

• Finally, Desi Doyen joins us for our latest Green News Report, as the President releases more oil from the nation's Strategic Petroleum Reserve; New Jersey sues Big Oil for decades of climate lies; and as the November 8 midterm elections are set to determine the course of climate action for decades to come...

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On today's BradCast: The story of why Americans are still paying the health care price (in both blood and treasure) in 2022 for "free market champion" Ronald Reagan's 1987 Executive Order that gave away the tax-payer store to Big Pharma. Plus, a bunch of other somewhat happier stories. [Audio link to full story is posted below this summary.]

First up today, an update in the still-broadening criminal conspiracy probe by Fulton County District Attorney Fani Willis into Donald Trump's many faceted and failed efforts to steal the 2020 Presidential election in Georgia. With 17 known "targets" in the probe so far, including Rudy Giuliani and 16 fake Trump electors, the prosecutor tells Washington Post in an exclusive interview that there will be more "targets" announced soon and that she believes some are likely "facing prison sentences." She has yet to decide if the former President will be among them, though, with dozens of witnesses who have already been subpoenaed and testified to her Special Grand Jury in Atlanta, Willis says the Grand Jury should wrap up by year's end. A decision whether to call Trump in to testify --- or declare him a target --- is likely "to be made late this fall," she says.

Next, now that far-right retired Brigadier General and dyed-in-the-wool conspiracy theorist Don Bolduc won the GOP nomination in New Hampshire this week to challenge incumbent Democratic U.S. Senator Maggie Hassan this November, he's...um...re-evaluating some of his previous positions. During a primary debate with fellow GOP candidates before the primary, he proudly denied Joe Biden's victory in the 2020 election. "I signed a letter with 120 other Generals and Admirals saying that Trump won the election and, dammit, I stand by my words!," Bolduc bravely declared to cheers from Party faithful. When asked about his position this week on Fox "News," however, after winning the GOP nomination, Bolduc hemmed and hawed his newly discovered belief after "a lot of research on this", finding the 2020 "election was not stolen" and that "President Biden is the legitimate President of this country." Granite Staters will undoubtedly fall for his pretend new "moderate" line, right?

Then, newly reformulated COVID vaccine booster shots from both Pfizer and Moderna, designed to combat both the classic coronavirus and several newer Omicron variants, are now available to the general public in the U.S. The White House and CDC are recommending Americans get the new shot by Halloween to lessen the chance of infection --- or killing your grandmother --- over Thanksgiving and Christmas holidays when a new surge is expected. (They also recommend getting a flu shot at the same time.)

But why are new COVID vaccines even necessary more than two years into the pandemic? One reason is thanks to the fact that, despite tens of billions of tax-payer dollars given by the federal government to private companies for the development of the life-saving vaccines, the private pharmaceutical giants who make them refuse to give up their patent and intellectual property rights to make the vaccines available to the world. That means new variants continue to emerge, leading to more infections and the need for updated vaccines and, yes, more profit for Big Pharma. It's a pretty nice deal...for them.

So, how did we get here? We're joined today by ERNEST A. CANNING, longtime legal analyst at The BRAD BLOG, who recently took a deep dive into a 1987 Executive Order by Ronald Reagan that gifted patents and profits that go with them to huge, for-profit pharmaceutical companies that used tax-payer dollars to develop their inventions. That, from the Republican idol who, ironically, once declared: "We who live in free market societies believe that growth, prosperity and ultimately human fulfillment, are created from the bottom up, not the government down."

The pharmaceutical industry may disagree, even if they won't say so out-loud. "No matter how big a company and how much money was poured in by federal government for research and development, the patent would belong to the giant company," Canning explains. "We've been paying, just in general research, about $28 billion in pharmaceutical R&D every year." Given the "value of those patents," he notes, "we're talking trillions of dollars in a gift, not just tens of billions."

He also explains how all of this came about (beginning with Jimmy Carter) and why its now so difficult for Joe Biden to merely repeal Reagan's Executive Order in regard to the COVID vaccines.

But Canning also offers some brighter news related to patent abuse by Big Pharma, which he also recently wrote about at The BRAD BLOG. In a landmark initiative, the state of California is now fighting back. Democratic Governor Gavin Newsom recently announced the state will begin manufacturing insulin and will make the hundred-year old drug available for just slightly more than it costs to produce. Canning explains why that has become necessary as Big Pharma takes advantage of loopholes in Intellectual Property laws to bilk diabetics with outrageous prices for the inexpensive, life-saving medicine.

Finally, a private company that is --- shockingly enough --- apparently doing the right thing for the country and the world. (What?!) The family that owns outdoor gear brand Patagonia, headed up by its 83-year old founder, announced this week that they will be "making Earth our only shareholder". While the company will remain a for-profit entity, currently valued at around $3 billion, it will now begin giving away all profits --- about $100 million a year --- to two newly created entities, a trust and a non-profit, both devoted to combating our climate crisis.

(Any chance we can coax Patagonia into the pharmaceutical business while we're at it?!)

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We were on this story very early. Happily, more and more of the corporate media are finally covering it. But they still do not seem to be fully grasping --- or, at least, reporting on --- what now appears to be Georgia's Republican Secretary of State Brad Raffensperger clearly covering up election related crimes carried out by Team Trump and the MAGA crowd. We've got new evidence to support that charge on today's BradCast, as Raffensperger runs against Democrat Bee Nguyen for re-election this fall, hoping to win the MAGA vote after previously refusing to help them steal the 2020 Presidential election. [Audio link to full show is posted below this summary.]

But first today, an update on the record heat wave still lashing much of the U.S. West for a second week. On Tuesday, amid record temps (the state's capital city topped out at 116 degrees!) electricity demand surged along with the possibility of blackouts in California. But, following a cell phone warning from public officials, state residents answered the call to reduce usage. Demand reportedly plunged in response. Blackouts averted. For now.

It may take a hurricane to end this seemingly endless heat wave (it's also of record duration) by week's end, even as "extremely critical" warnings of wildfire risks are issued in almost a dozen states from the U.S. Northwest to the upper Great Plains. Record temps and wind gusts of up to 60 miles per hour could slam several states this week amid tinder-dry conditions that could spark uncontrollable new fires. Some 54 million people are currently under heat warnings and advisories as our climate emergency worsens in late summer.

Meanwhile...on the other side of the nation, Massachusetts' Democratic Attorney General Maura Healey will face Trump-backed, election denying, abortion opponent Geoff Diehl in this November's race for Governor, as moderate Republican Gov. Charlie Baker has opted against seeking a third term in the otherwise very liberal state. That's one of several general election contests determined by voters during Tuesday's primaries in the commonwealth. Tune in for more noteworthy results ahead of next week's final primaries of the season in Delaware, New Hampshire and Rhode Island.

Then, yup, we're going back to Georgia...

Back in May, we broke the story of what appeared to be a very serious breach of voting system security in Georgia's rural, Republican-leaning Coffee County. The news was based on a recorded phone call from one of the participants in the breach, seemingly confessing to the crime or bragging about funding the scheme to make unlawful copies of Dominion Voting System's sensitive Election Management Software following the 2020 election. The call, from Atlanta businessman Scott Hall, was recorded by the plaintiff in a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to force the state to move from 100% unverifiable touchscreen voting systems to verifiable hand-marked paper ballots.

That plaintiff was MARILYN MARKS, our guest once again today. She is a longtime election integrity champion and founder of the nonpartisan, nonprofit Coalition for Good Governance. After sharing that recorded phone call in May, she also joined us in June, after claims by Raffensperger that his office had been investigating the security breach at the Coffee County Board of Elections. In fact, as Marks noted at the time, she had been able to find no evidence whatsoever of an official probe by the Secretary's office into what we have now learned was part of a multi-state coordinated effort shepherded by Trump attorney Sidney Powell to make copies of voting systems software in Georgia, Michigan, Colorado and Nevada.

In at least the first three of those states, we now have evidence of MAGA sympathizers unlawfully creating hard drive images of voting systems, which were later released in various, dangerous ways to the public. As Marks points out today, law enforcement officials and Democratic Secretaries of State in Michigan and Colorado are carrying out serious criminal probes into the matter. Tina Peters, a Republican County Clerk in Mesa, Colorado, for example, has already been indicted on 10 criminal counts related to illegal hard drive copies. In Georgia, however, Raffensperger's office has either lied about their investigation or otherwise covered-up the entire matter.

That cover-up has now become considerably more difficult for Raffensperger, thanks to security camera surveillance footage subpoenaed by Marks in her federal lawsuit. On Wednesday, Washington Post, CNN and AP all ran detailed investigative stories on the Team Trump characters seen on video tape entering the Coffee County Board of Elections office on January 7, 2021 (the day after the insurrection at the U.S. Capitol), to scan and image hard drives and ballots. That, after several of those folks --- including the Chairs of both the Board of Elections and the County Republican Party --- appear to have lied about their involvement in the scheme during depositions in Marks' lawsuit.

Also discovered from that footage: Doug Logan, the CEO of the now-defunct Cyber Ninjas --- the outfit that ran the phony "audit" in Maricopa County, Arizona after the 2020 election, ultimately confirming that Joe Biden defeated Donald Trump in the state --- is seen entering the Coffee County Board of Elections over several different days, for hours at a time, for reasons still unknown.

Raffensperger's office, of course, could have obtained that security camera footage themselves at any time over the past year and a half, if they were really investigating this very serious breach. (Marks explains on today's show why it's so serious in advance of both 2022 and 2024!) And, while AP recently reported that Ryan Germany, the general counsel for the Secretary of State's office, claimed the office had opened an investigation into the matter in March this year, Raffensperger's top deputy, Gabe Sterling, appeared on a "Restoring Confidence in American Elections" panel at the Carter Center in Atlanta in April and denied anything happened in Coffee at all!

"We have claims, even recently, there was people saying 'We went to Coffee County and we imaged everything,'" Sterling said. "There's no evidence of that. It didn't happen."

Well, thanks to the newly obtained surveillance footage, we know Sterling was wrong. It did happen. And, surely Sterling would have known that by April, given that his office claimed to have begun their investigation a month earlier. Was he lying? Or did Raffensperger's top lieutenant just not know? "We do know he was not telling the truth," Marks politely notes today.

As to whether Raffensperger is carrying out a cover-up, she tells us, "It certainly doesn't look like a sincere effort to have a diligent investigation." She compares the situation to what's going on in Michigan and Colorado. "The Attorneys General and the state election officials went after the perpetrators who did that," Marks explains. "There's a special prosecutor with nine targets [in Michigan,] five of them are involved in Georgia. But none of them have been interviewed in Georgia." She charges that in Georgia, Raffensperger "does not seem to want to know --- the Secretary and the State Election Board --- neither seem to be terribly interested."

Oh, and at least one more critical point today: Raffensperger's office has finally opened some sort of investigation. How do we know? Because they have issued at least one subpoena in the matter...to Marilyn Marks!

She explains that and much more in our conversation today as the Coffee County Cover-Up continues to be uncovered, thanks to her.

Finally today, a step or two closer to at least some real accountability for Team Trump. Last week, former Trump aide Steve Bannon's motion for a new trial, after being convicted of two counts of Contempt of Congress, for failing to respond to a lawful subpoena from the House J6 Committee, was rejected by the judge. His sentencing is now scheduled for October 21.

And, more bad news for Bannon. On Wednesday, several media outlets are reporting that he has been indicted on fraud charges in New York, related to stealing at least a million dollars from the "We Build the Wall" scheme, which raised $25 million to build a bit of barrier on the U.S./Mexico border. He was charged federally for the same crime before being pardoned for it by Trump. He will reportedly turned himself over to authorities in Manhattan on Thursday, as the indictment is unsealed...

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Longtime listeners of The BradCast know that we see democracy as pretty much the number one issue that makes pretty much everything else possible. Even the climate crisis comes second for that reason. Congressional Democrats, on the other hand, have yet to make the threat that democracy itself now faces in America, thanks to Donald Trump and his GOP, much of a campaign issue. That's both curious and troubling, particularly following a new poll out today finding that democracy is "the most important issue facing the country for a plurality of registered voters." [Audio link to full show follows this summary.]

Among the many stories covered on today's show --- followed by some great callers in the second half today...

• On Sunday, a federal appeals court gave Sen. Lindsey Graham (R-SC) a short reprieve from his scheduled testimony before the special grand jury in Georgia investigating the Trump-led criminal conspiracy to try and steal Georgia's 2020 election. Graham, who reportedly called the GA Sec. of State to see if it might be possible to toss thousands of lawfully cast votes, claims he was just doing his job as a Senator...from South Carolina...and has absolute immunity under the Constitution's "speech and debate" clause. His reprieve [PDF] from Fulton County District Attorney Fani Willis' probe is unlikely to last for long.

• A different federal appeals court ruled on Friday that the Justice Department must release a memo written by its Office of Legal Counsel (OLC) during the Trump Administration, regarding then-Attorney General Bill Barr's decision to not charge the former President for some ten instances of obstruction of Robert Mueller's Special Counsel investigation into Russia's interference in the 2016 election. The DoJ claimed the memo, sought by a good government watchdog group under FOIA laws, was exempt from disclosure because it was part of the deliberative process in deciding whether or not to charge Trump. In fact, as a lower court previously determined, the memo was written after the DoJ had already determined they would not charge Trump.

• Then, we move from the 2016 and 2020 elections back to the current one, now just 78 days away, when political pundits had long been telling us that Democrats would take a shellacking in Congress this November. But, as we've long noted, that Conventional Wisdom is by no means a certainty during these decidedly UNconventional times. Among the latest examples from 2022's UNconventional Times files, emotional remarks last week from a Republican South Carolina lawmaker who regrets his vote --- just weeks after casting it --- to restrict abortion in the state. He relates a disturbing story of a pregnant 19-year old woman whose water broke at 15 weeks, making the pregnancy unviable. But thanks to the state's new "fetal heartbeat" law, attorneys advised her doctors they could not extract the fetus until its heart stopped beating...two weeks later. She could have lost her uterus or even died during the interim. We share some of the state Rep's emotional response and his reasons for refusing to vote in favor of an even more draconian restriction on reproductive freedom now moving through the SC state legislature.

• Still more today from the UNconventional Times file: Signs that inflation appears to be coming down on tons of products whose prices had surged last year. And signs, along with it, that pandemic supply chain snarls appear to finally be easing up as well.

• Of course, all of that good news for American consumers is bad news for Republicans who have been hoping for a terrible economy to help them win back majorities in Congress this November. A new forecast from Fox "News" out today, however, finds that to be less and less likely as polling and other conditions continue to trend back in favor of Democrats. It's still an uphill climb for them in the gerrymandered House, but the GOP is clearly getting nervous. We discuss.

• At the same time, in a lengthy deep-dive, Politico Magazine reported over the weekend that a number of old school Dems from the Carter Administration are concerned that Congressional Democrats are not making enough of a campaign issue out of the threat that Republicans now pose to American democracy itself. That, following Trump's January 6, 2021 U.S. Capitol insurrection and the boatload of bat-crap insane, Trump-endorsed 2020 election deniers who have been nominated for key positions to help decide the 2024 election in swing-states and non-swing-states alike this year. While Congressional Dems offer a reasonable argument for why they have been sticking with other issues this year --- "from energy and the environment to education, roads and infrastructure, abortion, health care, Trump and guns" --- rather than the threat posed by Republicans to democracy itself....

• ...new polling out today from NBC News finds the GOP threat to democracy is now the top concern among registered voters, followed by the cost of living and other economy-related issues.

• So, what do our listeners care most about this November? What issues are leading them to vote (or not vote)? We open the phones to find out and get some very good callers in response including a fun one from a confused Republican...

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At this point on The BradCast we can barely keep up with it all, as the years-long (and continuing) Trump Crime Spree continues to collapse and implode onto itself. [Audio link to full show is posted below this summary.]

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

• Author Salman Rushdie off ventilator, able to talk, and still in critical condition, but "on road to recovery", according to his agent, following his stabbing on Friday in western New York state.

• Federal court rejects Sen. Lindsey Graham's attempt to avoid grand jury subpoena for testimony in Fulton County, Georgia's probe of Trump's 2020 election theft conspiracy in the Peach State. Unless he can wriggle out of it somehow, he is scheduled to be deposed next Tuesday.

• Rudy Giuliani is informed by the Fulton County, GA District Attorney he is now a "target" of her investigation and likely to face criminal indictment.

• FBI and DHS issue joint bulletin over the weekend citing "unprecedented" threats to law enforcement and other government officials from the far-right Trump World following last week's warranted FBI search at Mar-a-Lago and retrieval of stolen, highly classified national security documents stolen from the White House by Trump.

• Congressional Republicans, now unable to defend Trump's theft of documents, demand instead that DoJ release the sealed affidavit from last week's federal court-approved warrant finding "probable cause" that Trump may have violated at least three federal laws (retaining or destroying federal documents; obstructing government proceedings; violating the Espionage Act).

• In Monday court filing, DoJ argues against release of the Mar-a-Lago affidavit, arguing "Disclosure of the warrant affidavit would irreparably harm the government's ongoing criminal investigation" and would "likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations." [Emphasis mine.]

• Over the weekend, NYTimes reported that a Trump lawyer signed a certification in June that all classified materials taken by Trump had been returned. That was not true, as the 11 sets of classified documents retrieved last Monday revealed. The false assertion by a Trump attorney came after nearly a year and a half of discrete efforts by the National Archives and DoJ to retrieve the documents. The paper also reported security camera footage from inside Mar-a-Lago revealed that, just after Team Trump was contacted by the DoJ, boxes were moved into and out of the storage area where Trump unlawfully kept the classified records in a basement storage area at the hotel.

• Mid-show, NBC reported that the Trump Organization's longtime Chief Financial Officer, Allen Weisselberg, was preparing to plead guilty in the Manhattan District Attorney's criminal fraud charges filed against both him and Trump's family business last year. NYTimes is now reporting that, under the plea agreement, Weisselberg will face just 5 months in prison and will not be cooperating with the prosecution against Trump or his family.

• Finally, callers ring in with their own speculation on why they believe Donald Trump was hording those national security documents and refusing for a year and half to give them back. Also, on whether he will finally be held accountable for that and the rest of his endless criming...

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There were almost too many clear and present dangers to fit into today's BradCast. But we did our best. Buckle up. [Audio link to full show follows below this summary.]

Among them...

• Trump-endorsed 2020 election denier, Dan Cox, named as winner of Maryland's GOP gubernatorial primary. Democrats rejoice...but should they?

• A bipartisan team of U.S. Senators, lead by Maine Republican Susan Collins and West Virginia Democrat Joe Manchin, strike a deal to reform the Electoral Count Act of 1887 to clarify, in theory, that Vice Presidents may not steal elections during joint sessions of Congress to confirm Electoral College votes. We are, let's say, skeptically optimistic.

• Brazil's far-right autocratic President Jair Bolsonaro --- loved by Trump and Tucker Carlson of Fox 'News' alike --- goes full Trump in declaring that his re-election contest in about 75 days, in which he is predicted to lose by a landslide, will be marred by massive fraud requiring military intervention to sort out.

• It's not looking good for Steve Bannon in his Contempt of Congress trial. It is looking much better, however, for those who believe in accountability and the rule of law.

• It's also not looking good for a whole passel of conspirators who attempted to help Trump steal the 2020 Presidential election in Georgia, including Rudy Giuliani, Sen. Lindsey Graham, whose attempts to quash their subpoenas have failed so far, and 16 GOP fake electors now designated by Fulton County District Attorney Fani Willis as "targets" in the special grand jury probe.

• GOPers in the House and Senate are squirming today, as House Democrats play some excellent hard ball (for a change) by calling votes on the Respect for Marriage Act, to give federal statutory protection to both same-sex and interracial marriage, and the Right to Contraception Act. Republicans are outraged --- OUTRAGED! --- that they're being forced to take a public stance on these issues during an election year, after SCOTUS recently made clear those previously Constitutionally-established rights may now be on their chopping block as well, following their corrupt overturning of Roe v. Wade.

• Following the corrupt SCOTUS majority gutting the ability of the EPA to regulate carbon, and the corrupt Joe Manchin gutting Joe Biden and the Democrats' critical climate change agenda, the President announced plans for Executive Actions to take on the crisis which he describes (correctly) as a "clear and present danger"...

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We had a bunch of excellent callers on today's BradCast. It sounds like many of them heard my warning today. Hopefully you will too. [Audio link to full show is posted below this summary.]

But, first up, on our first show after taking several much-need days off last week, we catch up with just a few of the most noteworthy items from what turned out to be another very busy news week. Among those items...

• the Independence Day mass shooting in IL;
• the popular and political uprisings resulting in agreements by both British Prime Minister Boris Johnson as well as Sri Lanka's Prime Minister and President to resign;
• the horrific assassination of Japan's longest-serving Prime Minister Shinzo Abe (in a nation where just one person, out of population of 125 million, was killed by a gun in 2021);
• the excellent jobs and unemployment numbers released by the Labor Department last Friday (and, as usual, ignored by the bulk of the corporate media due to everything else);
• the good news that Rudy Giuliani, Sen. Lindsey Graham and 5 others who served as attorneys for Donald Trump in 2020 have now been subpoenaed to testify by the Special Grand Jury in Atlanta, convened by Fulton County District Attorney Fani Willis, in her criminal investigation of the disgraced former President's attempt to steal Georgia's election in 2020.
• All of that in advance of another public hearing to be held on Tuesday by the bipartisan U.S. House Select Committee probing the Jan. 6 insurrection and Trump's multiple failed attempts to steal the election from Joe Biden and the American voters.

Then, its back to the issue that I haven't been able to get out of my head since we previously WARNED about it on our last show before taking a break. Specifically, the corrupt, extremist, illegitimate U.S. Supreme Court's announcement that they intend to hear Moore v. Harper next term, in a case that will give the stolen and packed far-right Court majority the opportunity to undermine American electoral democracy as we know it. That is not an overstatement.

If you thought what the Supremes did at the end of this past term --- ignoring the text of the Second Amendment in order to block states' rights to well-regulate firearms; stripping away previously protected Constitutional privacy rights and reproductive freedoms to overturn Roe v. Wade; all but ending Constitutionally-required Miranda Rights for those detained by law enforcement; further eroding what's left of our Constitutional separation between Church and State; and gutting the ability of the EPA to regulate carbon emissions driving our deadly climate crisis, as mandated by Congress --- well, you ain't seen nothin' yet.

As explained, SCOTUS is now set to undermine any and all elections laws for federal elections enacted by state Boards of Elections, Secretaries of States, Governors, state constitutions, state Supreme Courts or even ballot initiatives adopted by voters themselves. The corrupt Republican Court is likely to do this by declaring that Article II, Section 1 of the Constitution mandates that state legislatures --- and only state legislatures --- may determine laws regarding the "manner" of federal elections. Specifically of note in 2024, the way each state appoints Electoral College votes, as the Constitution says, "in such Manner as the Legislature therefore may direct".

In other words, in 2020, while most swing-states had rules, laws and state Constitutional mandates in place declaring that voters shall determine who will win the state's Electoral votes, an opinion by the Court, likely to come as early as 2023 in Moore v. Harper, will free up the gerrymandered GOP-controlled state legislatures in our nation's half a dozen or so swing-states to name anybody they like as the winner of their Electoral College votes, no matter what the Governor, state Courts or, crucially, the voters of those states have to say about it.

It's called the "Independent State Legislature" theory (or doctrine, as the GOP autocrats supporting it describe it.) As we noted in our last show on this, this is not a drill. This is very real, and now even very likely to happen.

While we were away, our friend and colleague Thom Hartmann posted a chilling Twitter thread on the ISL theory/doctrine, detailing just one potential scenario --- which includes thousands of dead bodies in the streets --- which he describes as not "just plausible" but now "probable".

We agree. Thus, we explain the importance of electing Democratic majorities in 2022 in both the U.S. House and Senate as our only hope of defeating this "probable" scenario. If 52 Democrats can be elected in the Senate and the Party is able to hold the House (both tall lifts), then the possibility of filibuster reform in the upper chamber and the expansion of the Supreme Court in order to unpack and uncorrupt it becomes a reality.

As discussed on today's show, the luxury of pretending that "both parties are equally bad" is over, as I see it. And not because I give a damn about protecting Democrats, but because I believe we must protect --- indeed, SAVE --- democracy itself at this point.

Anyway, please tune in for a very lively, if occasionally chilling hour, along with some really great calls from listeners on all of this in the second half...

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It's another one of those BradCasts where our disgraced former President casts a very long shadow. We've got way too much breaking news, as one accountability story after another broke today. Theoretically, that's a good thing. But you may need to take notes. We've got a lot to cover. [Audio link to full show is posted below this summary.]

Among the stories covered today...

• First up, after Florida Gov. Ron DeSantis recently overruled his own far-right state legislature's already-gerrymandered new U.S. House map in favor of his own even more extreme gerrymander, a state judge that HE appointed has shut that whole thing down. For now. On Wednesday, Judge J. Layne Smith determined DeSantis' map --- which could give Republicans a 20 to 8 advantage in the their U.S. House delegation --- violates the state Constitution's 2010 Fair Districts Amendment "because it diminishes African Americans' ability to elect the representatives of their choice." Of course, that was the whole point when DeSantis --- who won his race for Governor in 2018 by less than one percentage point --- nixed two black majority districts in the state (one of which was created by the state Supreme Court the last time the map was challenged.) DeSantis believes his own state Constitution violates the U.S. Constitution. (So much for the states' rights he used to pretend to believe in.) So, Florida will now be paying for an appeal to fight for the voter disenfranchisement.

• The House January 6 Committee on Thursday subpoenaed House Republican Leader Kevin McCarthy, as well as Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, Andy Biggs of Arizona and Mo Brooks of Alabama. The Committee says they each "participated in meetings at the White House" and/or "had direct conversations with President Trump leading up to and during the attack on the Capitol." All five were previously invited to voluntary speak to the Committee. They didn't. Now they are receiving what appear to be unprecedented Congressional subpoenas to members of Congress from the bipartisan panel probing Trump's 2021 insurrection and his attempt to steal the 2020 election.

• The New York Times is reporting today that federal prosecutors have opened a grand jury probe into whether laws were violated when Trump absconded with 15 boxes full of items and documents --- including some marked as classified national security documents --- when he left the White House for Mar-a-Lago. The items belong to to the American people under the Presidential Records Act, but the larger question is about his treatment of boxes and boxes of classified documents. (Recall he used to pretend to care about such things. In 2016, when running against Hillary Clinton, he called for her to be "locked up" because she lawfully used a private email server and received or forwarded several documents with classified material in them.) A grand jury convened by DoJ would suggest this matter has advanced very quickly.

• Speaking of grand juries, just a friendly reminder that Fulton County (Atlanta) District Attorney Fanni Willis convened her Special Grand Jury last week on Monday, May 2. She's investigating Trump's conspiracy to steal the 2020 election in Georgia, following his infamous and threatening call to the state's Sec. of State, instructing him to "find" just enough votes to name Trump the winner there. The probe could bring charges any day now (not that we have any insider knowledge) of a criminal conspiracy that includes Trump, his Chief of Staff Mark Meadows, his attorney Rudy Giuliani and even North Carolina Sen. Lindsey Graham, all of whom participated in strong-arming the Sec. of State and other officials to steal the election for Trump who lost the state by about 10,000 votes.

• Emails unearthed by the Denver Post and reported by Politico this week from Trump's MAGA attorney John Eastman (who spoke at Trump's rally on January 6 and wrote the memos calling for VP Mike Pence to ignore the Electoral College votes to steal the election for Trump), reveal that he also advised a Pennsylvania state legislator how to steal the election for Trump in the state by tossing out legal votes and using absurd pretend math to declare Joe Biden lost, even though he won there by about 85,000 votes. Eastman told PA state Rep. Paul Diamond how Republicans in the legislature could change the results to "provide cover" for choosing Trump electors instead of the ones for Biden who the voters actually elected.

• Trump's corruption was also deadly for hundreds of thousands when it came to the COVID pandemic. As President Biden marked the passing of one million Americans due to coronavirus at the White House on Thursday, a new report from a House Select Subcommittee finds the nation's meat packing industry hyped "baseless" concerns about shortages and colluded with top Trump Admin officials --- including Meadows, Pence Chief of Staff Marc Short and Agriculture Secretary Sonny Perdue --- to invoked an Executive Order. The order, which the industry drafted, invoked the Defense Production Act to bar state officials from shutting down meatpacking plants during the first year of the pandemic. At least 269 industry workers died, 59,000 were infected, and an estimated 334,000 infections nationwide were tied to meatpacking plants where workers were forced to work in dangerous, close conditions. The industry got their Executive Order from Trump, barring plant shutdowns under the lie that the nation's food supply was at risk. As the Committee's report finds, in fact, the five major companies which comprise the industry in the U.S. saw record profits during the pandemic, and saw pork exports at a three-year high during the first three quarters of 2020 when they sent more than 300% more pork to China than in normal years. There ought to be a lot of criminal charges --- including for homicide --- brought here. We'll see if anyone pays a price for it.

• Finally, Desi Doyen joins us for our latest Green News Report, as Australia's Great Barrier Reef is hit with yet another climate change-induced mass bleaching event; a new study finds climate change is a key concern regarding the emergence of new viruses and pandemics; new severe drought restrictions are enacted in Arizona and California...but last year, at least, was a very good one for renewable energy across the globe...

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The clean up on aisle 45 seems to never end on The BradCast. But a whole bunch of experts (including our guest today) suggests our disgraced former President is inching ever closer to some very bad news --- at least in New York. [Audio link to full show is posted at end of this summary.]

First up, some other news not getting enough coverage today...

• Our climate emergency continues to worsen, as 10 inches of rain fell in three hours in a mountainous tourist area near Rio in Brazil on Tuesday. As of airtime at least 58 were confirmed killed by the downpour and the deadly mudslides it triggered. That comes on the heels of at least 40 killed in similar storms in Brazil last month, as the nation's President, Jair Bolsonaro, has allowed for the acceleration of deforestation in the Amazon rainforest, contributing to our worsening climate crisis and resulting in these deadly, extreme weather disasters.

• The Biden economic boom continues, despite corporate media's continuing obsession with inflation. On Wednesday, the Commerce Department reported consumer spending surged in January, and at much higher numbers than can be attributed to inflation. Retail sales nearly doubled what Dow Jones had previously estimated would be seen in January. A separate report today also found that industrial production spiked three times higher than estimates for last month.

• Donald Trump's disgraced Interior Secretary, Ryan Zinke, "misused his public office for private gain" and lied about it to government ethics officials, according to a report [PDF] released Wednesday by the Department's Inspector General. Despite vowing, upon his confirmation as Trump's Interior chief in 2017, to disassociate with a foundation he worked with and a related commercial venture while serving as Secretary, Zinke was found to have communicated with the group dozens of times via email and text; had private meetings with them in D.C.; and played an "extensive, direct, and substantive role" in a commercial development project that would also benefit a private commercial project of his own in Montana. The I.G. reportedly referred the matter to Biden's Dept. of Justice, which --- for reasons unknown --- declined to bring criminal charges against Trump's disgraced former Interior chief. And, because no accountability was ever brought over this matter --- or a host of other personal Zinke scandals revealed while he served under Trump --- the wildly corrupt Zinke is now running again for high office in Montana, hoping to win back his old U.S. House seat this year.

Then, it's on to our guest today, for insight on a number of related matters.

Earlier this week, it was revealed that Trump's longtime accounting firm, Mazars USA, informed him and his family business last week that they would no longer be doing business with them. Moreover, they informed Trump that nearly 10 years of annual financial statements they'd prepared for him and the Trump Organization should no longer be relied upon to be accurate in any way, as it was based on faulty information supplied by Trump.

The company informed Trump that Statements of Financial Condition created from 2011 to 2020 were being retracted and that, due to a "conflict of interest", they would no longer be working for his company. The news came via a court filing on Monday by New York state Attorney General Letitia James in response to the attempt by Trump and his children to avoid depositions in James' civil investigation into alleged bank, tax and insurance fraud by all of them. The Manhattan D.A. is also running a concurrent criminal probe into many of the same matters.

Since that news became public this week, a number of legal experts have explained that Mazars' "conflict of interest" almost certainly means the firm is now cooperating with New York prosecutors against Trump and his businesses. Longtime Trump investigative reporter David Cay Johnston told CNN on Tuesday that he believes Trump and his company and maybe even his kids, will, in fact, be indicted on racketeering charges in the state.

We're joined today by former Asst. U.S. Attorney RANDALL D. ELIASON, who spent years as Chief of the DoJ's Public Corruption/Government Fraud section in D.C. He's now a law professor at George Washington University Law School where he is an expert in white collar criminal law. Eliason offers helpful insight into Trump's increasingly serious New York troubles and discusses his recent opinion piece at Washington Post calling on Attorney General Merrick Garland to explain himself in regard to the DoJ's probe (or lack thereof) into the 10 or more obstruction of justice allegations detailed by Robert Mueller in the report on his Special Counsel investigation.

On the New York matter(s), Eliason cites a recent comment he'd heard that Mazars' dumping of Trump suggests "the ship is leaving the rats." He charges that the financial firm is clearly "trying to distance themselves, and that suggests they see something bad coming down the road for their client." He concurs that "the most likely explanation for what's going on is that Mazars is now cooperating, either in the criminal case or the civil case, or both, and potentially testifying against Trump and the Trump Organization. That definitely creates a conflict of interest, to where they'd say, 'Well, I can't be your accountant anymore because now I'm actually a witness against you.'"

Eliason also offers a very helpful explanation of what racketeering charges actually are, and how, if Johnston is right, that might play into the New York state prosecutions and even the investigation by Fulton County, Georgia District Attorney Fani Willis into Trump's conspiracy to steal the 2020 election in the Peach State. Eliason further helps us understand how both the NY state Attorney General and Manhattan D.A. could both ultimately bring charges for the same set of fraud crimes, but as a civil matter (resulting in fines and other such penalties) by the A.G. and as a criminal indictment (potentially resulting in prison time) by the D.A.

As to the curious case of Merrick Garland, as Eliason highlighted in his recent Post op-ed, he does not count himself among those who think that Biden's Attorney General is necessarily dropping the ball. But he does believe an explanation is warranted to the American people regarding any potential investigations of Trump on the many cases of obstruction painstakingly spelled out in Mueller's Special Counsel report on Russian interference in 2016 and Trump's related firing of FBI Director James Comey.

On Monday, the statute of limitations into the oldest such obstruction allegation cited by Mueller has now run out. (That, as Eliason detailed at the Post, was "Trump’s alleged request to then-FBI Director James B. Comey to drop the criminal investigation of disgraced former national security adviser Michael Flynn. Other acts of possible obstruction soon will be similarly time-barred.")

"This clock is ticking away," Eliason tells me today. "Given the size of the investigation, the seriousness of the investigation, the detail in that report, even though DoJ doesn't normally comment on cases that it's not going to bring, or that it's not prosecuting, in this case they should. They should tell us something about what's happened with that Mueller Report now that we have an administration in office that is not filled with Trump appointees."

Eliason spells out why he believes that, while the DoJ doesn't usually comment on such cases, "this is a unique case" where "a lot of people are really convinced that the evidence of obstruction was pretty overwhelming" and that "it's bad for the Department and bad for the country if that just is allowed to fade into the distance and nobody ever says, 'Hey, we did take a look at this, and here's what we decided.'"

In fact, Eliason believes there is evidence to suggest that Garland is carefully looking at Trump's potential criminal exposure in regard to the January 6 insurrection at the U.S. Capitol, but is less certain about his handling of the Mueller allegations and thinks "there should be some closure on that.".

All of this, of course, as the clock may also be ticking toward an announcement by Trump that he plans to run for President again in 2024. How would that affect any potential federal indictments against the twice-impeached former President? We discuss that matter --- "practically speaking, that gets really hairy --- as well.

Finally, in our closing few minutes, a few more thoughts on Trump's worsening New York woes from someone else with a unique perspective. George Conway, the longtime Republican attorney and husband of Trump's former Campaign Manager and White House aide Kellyanne Conway, tells CNN why he believes the Mazars news to be far worse for Trump than his two impeachments as President...

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A few technical demons at the KPFK studio today kept us on our toes during today's BradCast. The chaos was only multiplied by a ton of very lively callers. You may (or may not) be the beneficiary of all of the madness that subsequently ensued. Enjoy! [Audio link to show is posted below this summary.]

Among the stories covered on today's show...

• Over the weekend, after a McMinn County, Tennessee School Board banned Maus: A Survivor's Tale --- Art Spiegelman's iconic and moving Pulitzer Prize-winning 1992 graphic novel on the Holocaust --- from 8th grade classrooms last week, both that book and its companion, Maus II: And Here My Troubles Began, shot to the top of Amazon's best-seller lists. So something good has come from the snowflake rightwingers and their cancel culture in Tennessee (and beyond.)

• Over the weekend at a rally in Texas, our disgraced, criminal, twice-impeached former President suggested that, if he was elected President again, he would pardon his insurrectionist supporters who attacked the U.S. Capitol and hundreds of law enforcement officials to try and steal the 2020 election on his behalf on January 6, 2021. Never mind the nine people who died during or after the worst assault on our Capitol since the War of 1812. Since Donald Trump actually opposes law and order, he would almost certainly pardon hundreds of the violent attackers. And, at the same rally, he also instructed his brainwashed supporters to launch mass protests if (when?) he's indicted in D.C., New York and/or Georgia.

• On Sunday, Trump also admitted in a statement that he had wanted Vice President Pence to "change the outcome" of the 2020 election by "overturn[ing]" the certified results on January 6th. No, it was never about giving Congress time to investigate "fraud", for which there has never been evidence, either then or now. The "legal" mechanism that Trump and his duplicitous campaign aids and attorneys were hoping to exploit is the vague and poorly written Electoral Count Act of 1887. A bipartisan group of U.S. Senators are now reportedly working on reforming that century old statute to prevent a similar occurrence in 2024 or beyond.

• Last week, rocker Neil Young announced that he would pull his music from the Spotify if conspiracy theorist podcast host Joe Rogan was allowed to stay on their streaming service and continue to broadcast misinformation related to the coronavirus, COVID and its vaccines. Spotify is sticking with Rogan after recently signing him to a $100 million contract giving them exclusive rights to stream his show. So, Young and others, including Joni Mitchell, have since pulled their catalog from the service. In response, Rogan has now vowed to add "balance" to his program, and Spotify has said they would slap a "content advisory" on anypodcast episode on which the coronavirus was discussed. Of course, "balance" only serves to level an unlevel playing field for Rogan's deadly false claims about COVID and its vaccines. And Spotify's vow to label all shows with "content advisories" that talk about coronavirus only leaves viewers/listeners confused about what is truth and what is COVID fiction. How many thousands of people have been unnecessarily killed thanks to Rogan (and Spotify)'s irresponsible misinformation is, of course, unknown.

On the second half of today's show, we open up the phone lines to a ton of listener calls on all of the above...though most wanted to talk about Rogan's lies. And, yes, we take calls both for and against those lies...

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On today's BradCast, we pick up, in no small part, where we left off on Friday's show regarding that chilling, newly unearthed, December 16, 2020 draft Executive Order [PDF] created for Donald Trump to allow him to declare a national security emergency, seize the nation's voting systems, and implement a military coup that would have left him in power after the 2020 election's actual winner, Joe Biden, was supposed to have been sworn in. We are joined today by the woman whose organization's federal lawsuit in Georgia was quoted extensively in that draft EO as a pretext for seizing the nation's voting systems. Of course, the MAGA Mob lied about the ruling they quoted from her lawsuit in the never-issued EO. [Audio link to full show is posted at end of this summary.]

But first, we cover some quick news headlines today...

• Just before airtime, the Fulton County, Georgia Superior Court reportedly approved District Attorney Fani Willis' request for the creation of a Special Grand Jury to aid her ongoing investigation into the criminal conspiracy to steal the state's 2020 Presidential election by Trump and others in his cabal, potentially including former WH Chief of Staff Mark Meadows, Trump attorney Rudy Giuliani and Trump buddy Sen. Lindsey Graham among others.

• Then, news on the quickly ratcheting tensions in Ukraine, where Russia continues to amass thousands of troops on their eastern border in preparation, according to NATO and the U.S., for an invasion of the former Soviet Union satellite country. Russia, on the other hand, says it has no intention of invading and is simply responding to provocations by NATO and the West. We detail the latest as tensions continue to grow by the hour --- along with new military hardware in the region --- on all sides.

• Also on Monday, the GOP's stolen and packed U.S. Supreme Court announced plans to take up two cases next term on affirmative action in college admissions. One case challenges the use of race in Harvard's admissions policies, the other looks at similar policies at the public University of North Carolina. The Court's decision to hear these cases, despite multiple cases in recent years confirming the Constitutionality of such policies, signals the likelihood that the newly far-right 6 to 3 Court is looking to overturn long-standing precedent on race-based policies. Such a reversal of otherwise settled law would echo similarly radical moves in other recent rightwing hobby horse cases taken up by this Court regarding abortion, gun rights, voting rights, vaccine mandates, and environmental regulations.

Then we're joined by MARILYN MARKS, longtime election integrity, security and transparency advocate and Executive Director of the non-partisan Coalition for Good Governance. It was a ruling in the Coalition's long-standing lawsuit seeking to ban Georgia's new, unverifiable touchscreen voting systems made by Dominion Voting Systems that was quoted, at length, in the December 2020 draft Executive Order [PDF] that was to direct Trump's Secretary of Defense to immediately seize the nation's voting systems and institute a military coup to keep him in office.

The EO quotes a ruling in the Coalition's case made by U.S. District Court Judge Amy Totenberg just prior to the November 2020 election. In it, as we reported at the time, she recognized the massive vulnerabilities in Georgia's new Dominion touchscreen Ballot Marking Device (BMD) voting systems, but allowed them for first-time use in the 2020 election anyway. The previous year, as part of the very same lawsuit, Judge Totenberg finally banned the state's controversial, 20-year old, unverifiable, insecure touchscreen systems made by Diebold, finding the vulnerabilities made them unconstitutional for use in Georgia's elections. Rather than replace those old systems with verifiable hand-marked paper ballot systems, Georgia's Republican Sec. of State Brad Raffensperger forced every county in the state to switch to the new, unverifiable Dominion systems which share many of the same problems as those they replaced.

In the draft EO, after citing Totenberg's 2020 ruling at length, the drafters of the document (likely Sidney Powell and Michael Flynn, among others), falsely claim that "Every defect and hazard of which Judge Totenberg warned, happened in Georgia."

Marks, whose has joined us many times on this program over the years to discuss her legitimate case to ban those Dominion systems in Georgia (a case which continues), offers her reaction today to seeing a ruling from her case included in the EO drafted for Trump's military coup.

"I was ready for the whole world to know about our lawsuit --- those who don't listen to you --- but this is not the way I wanted to have it happen!," quips Marks. "Because, of course, it is a totally serious lawsuit and this [EO] is preposterous, silly and crazy. And chilling, as well!"

She says that she was "horrified" when she first saw the news come in via headlines. "It's just so shocking that this would have gotten on paper anywhere, that anybody could have these ideas to use the judge's very serious ruling, to take it totally out, twist the words [and] wrap it in a bunch of lies. It's really so sad and scary."

Marks notes as well that, while there are indeed very serious vulnerabilities in Georgia's new voting systems (and others like it in use around the country) making them "hackable", the evidence-free (and/or wholly inaccurate) claims made by the Trumpers in the EO about them having been manipulated "is just so false. It's unbelievable that someone could get away with putting that on paper because there's no evidence that any of those things happened. Yes, there were problems [in Georgia]. Yes, those problems need to be resolved. But certainly not what these people are claiming."

She also explains why, even if the Pentagon had seized the voting machines in Georgia as the document called for, they were not likely to find the "malware" they pretended was on those systems in November of 2020 because the systems had already been wiped for upcoming municipal elections and the January U.S. Senate runoffs by that time in December.

We go on to discuss how both this newly revealed EO and all of the phony, evidence-free claims that the 2020 election was stolen --- as part of Trump's actual efforts to steal the election --- has made the fight for election integrity all the more difficult for real advocates. In response, she argues that many Democrats are now even more afraid to take action on anything that has to do with concerns about voting systems. Some, she notes, are even working to make such systems less transparent in the bargain. "So what we are seeing is some pushback that is really unhealthy in terms of let's reduce transparency, let's reduce citizen oversight, thinking that somehow that will quiet the citizens talking about the problems. It's a dangerous reaction," warns Marks...

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Today on The BradCast: While this week will be seen by history as a shameful one for American democracy --- or, more specifically, for 50 Republican Senators and 2 Democratic ones --- it may also eventually become a celebrated week for all of the encouraging criminal accountability news that is now coming in on what seems like an hourly basis for our disgraced and failed former President. [Audio link to full show is posted below this summary.]

Among the many stories covered today...

• After a year-long kabuki drama, played out only for the benefit of obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), both have decided to include themselves in American history's hall of shame by siding with segregationists, anti-democracy activists and Republican authoritarians in the U.S. Senate to block much-needed protection for voting rights and American democracy. While claiming to support the critical, combined Freedom to Vote: John R. Lewis Act --- which would have helped to standardize voting rights for all, combat the GOP subversion of election results, ended dark money in campaigns, blocked partisan gerrymandering in all 50 states and restored what SCOTUS broke in the Voting Rights Act in 2013 --- the two both voted to ensure none of it could happen. They chose to embrace the Senate's undemocratic filibuster rule instead, just as opponents of civil and voting rights have done over decades of American history. We put a bow on the year-long saga today, share parts of Wednesday night's maddening debate, and join Sen. Raphael Warnock (D-GA) in his vow from the Senate floor to keep coming back "again and again and again" until the job of protecting and saving American democracy is won.

• In far less grim news today, the very very bad week for the Trump Crime Family continues to worsen. After Wednesday's devastating loss at his own packed and stolen U.S. Supreme Court, documents from the Trump White House regarding January 6, 2021 have reportedly begun flowing from the National Archives to the bi-partisan U.S. House Select Committee investigating the 2021 attack on the U.S. Capitol and Donald Trump's attempt to steal the 2020 election. We review a few interesting points of note from the High Court's crushing 8 to 1 ruling [PDF] rejecting Trump's claim of Executive Privilege in his failed effort to block the release of thousands of documents to the Committee, including what could be some very incriminating video tape.

• With hopes of hiding behind Executive Privilege all but dashed by SCOTUS, the ability of Trump's henchmen to avoid subpoenas for documents and testimony by the Jan 6 Committee is quickly fading as well. On Thursday, Ivanka Trump became the first family member to receive an invitation --- not yet a subpoena --- from the House Committee to answer a number of key questions about her role in January 6th, and her various reported contacts with her father that day and in the days prior. The letter from Committee Chair Bennie Thompson (D-MS) makes clear that the Committee already has a great deal of information. It will be tricky for Trump's daughter, who served as a White House advisor, to avoid speaking with them. It will be a crime if she lies to them.

• But that's not all. After New York State Attorney General Letitia James detailed evidence of years of bank, insurance and tax fraud by the Trump family this week, on Thursday, Trump's bad week became still worse. Fulton County (Atlanta) District Attorney Fani Willis asked a state Superior Court Chief Judge today to impanel a special grand jury in her nearly year-long probe of the apparent criminal conspiracy by Trump and many others (including WH Chief of Staff Mark Meadows, Sen. Lindsey Graham, Rudy Giuliani and more) to harangue, harass and threaten state election officials into reversing results of the Peach State's 2020 Presidential election, won by Joe Biden, in favor of Trump. Willis has said she will decide in the first part of this year whether or not criminal indictments are warranted for "potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” Uh, oh.

• Finally, Desi Doyen joins us for our latest Green News Report, covering the likelihood that Biden's Build Back Better bill, also blocked by Joe Manchin, will now have to be broken up into smaller chunks; the devastating volcano and tsunami disasters in Tonga; smashed heat records in the Southern Hemisphere; and Exxon's new ploy to pretend they give a damn about climate change...

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Well, we start today's BradCast with some encouraging news. At least until our guest arrives. [Audio link to full, must-listen show follows this summary.]

First up, the investigators are closing in. In Congress, the House Select Committee investigating Trump's January 6 attack on the U.S. Capitol are now "requesting" an interview and documents from House GOP Leader Kevin McCarthy, centered on his communications with Donald Trump "before, during and after" the insurrection.

Meanwhile, down in Georgia, Fulton County (Atlanta) District Attorney Fanni Willis also appears to be closing in on Trump and his fellow conspirators regarding their attempt to steal the 2020 election in the Peach State. In an interview with AP published on Monday, Willis said her team is making "making solid progress, and she’s leaning toward asking for a special grand jury with subpoena power to aid the investigation." She also believes a decision will soon be made on whether to indict Trump and several others. (Meadows? Giuliani? Lindsey Graham?) “I believe in 2022 a decision will be made in that case,” she told AP. “I certainly think that in the first half of the year that decisions will be made.”

And on Tuesday, MSNBC's Rachel Maddow reported "that attorneys for former President Donald Trump have now met in person with the Fulton County District Attorney's office in Georgia." The meeting reportedly took place last month, around the same time that Trump issued an unhinged, seemingly out-of-the-blue statement that few knew what to make of: "All the Democrats want to do is put people in jail. They are vicious, violent, and Radical Left thugs. They are destroying people's lives, which is the only thing they are good at...their DA's, AG's, and Dem Law Enforcement are out of control." Suddenly, his remarks makes a lot more sense.

Welp...That's about it for today's encouraging news, before we are then joined by the great MARK JOSEPH STERN, legal journalist for Slate on what appears to be Steve Bannon's dream of the "deconstruction of the Administrative State" about to come true.

Last Friday, the U.S. Supreme Court heard oral arguments on challenges to two separate COVID-related Biden Administration mandates. One applies to businesses with more than 100 employees, requiring them all to either get vaccinated or take weekly tests for the virus. The other requires vaccination for all workers at health care facilities that accept money from either Medicaid or Medicare. Both rules were set to take effect as the Omicron surge has led to record pandemic hospitalization numbers. The first was issued by way of regulations from the Occupational Safety and Health Administration (OSHA), the second via the Health and Human Services Administration (HHS). Both are based on authorities granted to the Executive Branch agencies via statutes adopted by Congress. Though none of those statutes, passed years ago, include the word "COVID" in them. So now they are both being challenged by Republican state Attorneys General as unconstitutional over-reaches by the Administration.

Based on tea leaves read during Friday's oral arguments --- with two of the challenging attorneys infected with COVID and arguing remotely --- Stern believes it's possible the employer mandate could survive, but that the health care mandate is likely to be struck down.

But buckle up for today's conversation with Stern about all of this, because these cases are a much much larger than simply about the COVID mandates, even though they are likely to save hundreds of thousands of American lives unless struck down by the Court. These challenges squarely target the so-called "Administrative State" which, as you'll recall, Trump's disgraced Senior Political Adviser Bannon vowed in 2017 that they planned to "deconstruct". That may finally be about to happen, thanks to Trump's stolen and packed Supreme Court.

We dive too far into the legal and Constitutional and political weeds to adequately summarize here, but the argument comes down to who has the Constitutional right to "protect the general welfare" of the citizenry on matters of public health (and much more). Is it Congress, which has no expertise in these matters? Or the Executive Branch agencies created by Congress and filled with such experts? Ironically, the ultimate body who will make this decision is going to be the Judicial Branch, which, like the Legislative Branch also has no expertise in these issues.

All of the COVID mandate challenges are based on legal doctrines such as the "major question doctrine" and the "nondelegation doctrine" (both explained by Stern) which, unlike the General Welfare clause, do not actually appear anywhere in the Constitution at all.

"There is nothing (in the Constitution) that requires these principles, and certainly nothing that gives the federal judiciary the power to decide what the Executive Branch gets to do and not do under Congressional delegations," Stern explains. "All of this stuff has been made up. It was made up a long time ago, and used to block New Deal programs under FDR, then immediately abandoned and discarded for nearly a century. Only in the last few years has it been revived by so-called 'originalists' who are seeking to box in Democratic Presidents and prevent them from issuing any kind of policy."

"We are talking about a really recent revival," he continues. "Because as recently as the early 2000s, the Supreme Court unanimously disclaimed any real version of the non-delegation doctrine, and a majority opinion written by Antonin Scalia [of all people!] basically said 'We don't have any expertise, it's not our job to tell Congress what it can and cannot entrust the Executive to do'. We are only about two decades out from that, and the entire conservative legal movement has turned on a dime and decided that, in fact, the courts have this intense obligation to police the boundaries between these branches, even though there's nothing in the Constitution that permits it, much less requires it."

The Scalia majority opinion in question, which Stern "encourage[s] everyone to read" is 2001's Whitman vs. American Trucking. "It is a very clear explanation of why the federal courts have absolutely no business mucking around in this kind of cooperation and negotiation between Congress and the Executive Branch. Twenty-one years later, everyone has decided to ignore that opinion on the Right and pretend like it never happened."

So, what will it mean if the Court now decides that experts at Executive agencies mandated by Congress to exercise their expertise may not do so? The fallout could be enormous and terrifying and go well beyond COVID and these two cases. By way of one example, Stern notes, next month the Court is about to hear a case where "the Biden EPA wants to restrict carbon emissions at power plants. While federal law gives the EPA vast authority to regulate and restrict all kinds of toxic and harmful emissions from power plants, it doesn't explicitly say 'carbon'. It says the EPA needs to decide what counts, and we will defer to their expertise."

But, Stern notes later in our conversation, "this does not start or stop with carbon. This goes to every toxic chemical on the planet, which Congress simply does not have the time or expertise to list. So, anytime you're thinking about the amount of benzene, or methane, or whatever horrific chemical you want to talk about in the water supply, the air supply, that stuff is regulated by the EPA, not directly by Congress. And if this Supreme Court goes as far as I fear it will, we are going to have a lot more unnecessary deaths because of a horrific amount of pollution that the President is going to be told that he simply cannot curb."

And, yes, even that is only the tip of the melting iceberg. It also goes farther than the EPA, to dozens, if not hundreds of other federal agencies and regulations on labor rights and much more, as Stern details. "But that is what these Justices seem to want, and that is the road that we are already following down," he warns. "We live in a juristocracy, my friend, and we are only just beginning to see the downstream consequences of it."

As noted, buckle up for this one...

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On today's BradCast: There is a long list of pretty clear crimes that Donald Trump and his cronies have committed and might have been charged with by now. So far, however, a full year since he lost the election and nearly eight months since Merrick Garland was sworn in as President Biden's Attorney General, there is little sign of accountability for the disgraced former President at the federal level. Citing what they describe as a failure to meet this critical moment for the nation, some legal and Constitutional experts are now calling for Garland to resign. [Audio link to full show is posted below this summary.]

It's not as though the U.S. Department of Justice hasn't been busy in the wake of Trump's four years of undermining both the rule of law and the DoJ itself. They have, to date, brought charges against nearly 700 rioters incited by Trump to attack the U.S. Capitol in hopes of stealing the 2020 election somehow on January 6th.

In recent days, the Department has also filed two federal lawsuits against the state of Texas for their new voter suppression law and their clearly unconstitutional new law banning most abortions in the state. They've also brought suit against the state of Georgia in recent months, challenging their new voter suppression law as well.

Meanwhile, active investigations into Trump's potential violations of law are underway by state and local prosecutors both in New York and Georgia. But, at the federal level, there seems to be nothing, at least in sight, despite a laundry list of legal transgressions by the former President and his accomplices, dating well before his term in office and continuing right up through the very end.

"Over the past thirty years, Merrick Garland served with distinction as a federal prosecutor and then as an appellate judge," a new statement [PDF] and campaign by the nonpartisan legal advocacy nonprofit Free Speech for People (FSFP) begins. "Unfortunately, as Attorney General for the past eight months, he has failed to take any meaningful action to hold accountable former president Donald Trump and his co-conspirators for attempting to overthrow the government on January 6, 2021 and a flurry of criminal acts in the months and years leading up to that date. Instead, he has adopted indefensible positions of the Trump Department of Justice (DOJ) to protect Trump from accountability. Since Garland is unwilling to step up, it is time for him to step down."

Their statement this week concludes: "As long as Trump and his co-conspirators walk free, American democracy is in danger. We need an Attorney General who understands that danger and is willing to take action to protect democracy and the rule of law. Merrick Garland must resign."

In response to FSFP's campaign launched on Thursday, Laurence Tribe, Harvard Law School's renowned legal scholar and Professor Emeritus, tweeted out on Thursday night that while he was "not ready to join this movement", he believes it is "worth noting" as it comes from "serious and responsible" people. "DOJ must take note," he warned.

Joining us to discuss their call for Garland to step down is FSFP's "serious and responsible" Co-Founder and President, JOHN BONIFAZ, a longtime, well-respected Constitutional expert, author and accountability champion. Back in January, before Garland was even sworn in as Attorney General, FSFP led a campaign with nearly a dozen other good government groups and some 200,000 individuals who signed on, calling for the nation's top cop, once sworn in, to form an independent task force to 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."

Now, months later, with no sign of any such task force OR investigation, FSFP has regrettably determined that Garland is not up to the task, with Bonifaz citing the apparent lack of charges --- at least so far --- against former Trump advisor Steve Bannon as "the last straw". Bannon was referred by the U.S. House for criminal Contempt of Congress to the DoJ two weeks ago. But as the group's statement observes, after detailing a panoply of apparent, if uncharged Trump-era crimes: "The last time that the House referred a contempt of Congress charge to DOJ, then-President Reagan’s prosecutors immediately brought the matter to a grand jury; it returned an indictment just nine days after the House vote."

In response to my questions as to whether federal probes could be ongoing at DoJ, but we simply don't know about them yet, Bonifaz cites the agency's prosecution of Trump lawyer Michael Cohen for charges related to a criminal conspiracy the DoJ declared at the time was "directed" by Trump, and the ten or more instances of Obstruction of Justice by the then-sitting President, as cited by Robert Mueller's Special Counsel investigation. While it has been DoJ's (ridiculous) policy that sitting Presidents may not be indicted while in office, that excuse is long gone, Bonifaz argues. "The fact that there's been no action whatsoever on any of these offenses, including the ones that were well-established the moment that Garland took office as Attorney General --- that is deeply concerning, and signals that they ultimately do not intend to engage in holding him accountable. We're ready to be surprised, but at this point, nine months after he has taken office, we need new leadership at the Dept. of Justice, in our view, to ensure that the rule of law is enforced."

Does Bonifaz believe that Biden's DoJ may be trying to protect the office of the President itself from charges of political bias or from the DoJ being used as --- or being seen as being used as --- a political weapon? "What is at issue is that the Donald Trump Administration and Donald Trump himself used the Dept. of Justice as his own private agency to cover up. So what's critical now is that the Justice Department establish itself as an independent agency that's not going to carry out the political agenda of the President. If anything, doing what they're doing, in this particular instance, indicates somehow that they may have political considerations at stake," he contends. "That they may not want to engage in indicting a former President because of the impact it will have on the current President and his own political agenda --- that is just as wrong as a decision by Donald Trump to misuse the Justice Department for his own political purposes."

"There is no get-out-of-jail-free card because it's hard for the nation to handle it, or because we somehow need to come up with this fiction that the President is protected in a special way than others are," he asserts. "He's a former President, and if he engaged in these federal crimes, he needs to be held accountable."

There is, of course, MUCH more from Bonifaz today on all of this, including whether he thinks folks like Harvard's Tribe and other accountability groups may sign on to FSFP's effort) they are collecting signatures on a petition at GarlandMustResign.org); the outrage of actual legal protections the DoJ has been offering on Trump's behalf in court; and whether he believes that state prosecutors in New York and Georgia, at this point, are more likely to ultimately bring at least some accountability for at least some of Trump's many crimes.

Also on today's show, more troubling evidence of outrageously extreme partisan gerrymandering being enacted as we speak by Republican-controlled states around the country, and the need --- for the survival of democracy itself --- for Democrats to step up in response, whether by partisan gerrymandering states that they control or, preferably, by passage of federal voting rights and election reform legislation in Congress, such as the Freedom to Vote Act, to ban partisan gerrymandering in all 50 states prior to the 2022 midterm elections...

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It's an old cliche by now that every bad disaster movie begins with a scientist's warnings being ignored. We'll continue to hope, on today's BradCast, that California's Gubernatorial Recall election, with voting under way right now and Election Day next Tuesday, doesn't turn into a bad disaster movie...now that CA's Democratic Secretary of State seems to be ignoring the urgent warnings from a whole bunch of the nation's top computer scientists. [Audio link to full show is posted below this summary.]

Several weeks ago, polling of likely voters in the GOP's sleazy attempt to oust Democratic Gov. Gavin Newsom from office in a special recall election, suggested a dead heat on the question of removal for the otherwise popular progressive Golden State Guv. Today, more recent polling suggest Newsom is up by more than 10 points among those considered to be likely voters, according to 538's average of recent surveys, and by about 8.5 points in RealClearPolitics' round-up. That, after the very Trumpy, far-right Republican radio host, Larry Elder, has emerged as Newsom's likely replacement if the Governor loses on the ballot's first question as to whether he should be recalled.

In the meantime, as we have been highlighting over the past month, California's state election officials should be very concerned about a new security threat to the election itself following the theft of Election Management System (EMS) software made by Dominion Voting Systems. The vendor's systems are used to run elections in nearly 60% of California jurisdictions. Copies of its EMS software were apparently purloined in the middle of the night by a far-right County Clerk in Mesa County, Colorado last May before being released to the wilds of the Internet during MyPillow CEO Mike Lindell's phony "cyber symposium" last month. That release now poses "critical new risks to the recall election," according to eight of the nation's top cyber security and voting system experts. They sent a chilling, 3-page warning letter [PDF] to CA Sec. of State Dr. Shirley Weber late last week, advising her to mandate a statewide Risk-Limiting Audit (RLA) as the "one critical action" she can and should take immediately to try and mitigate against this "serious threat" which, the experts argue, warrants "emergency action" on the part of state officials.

One of the authors of that letter, DR. DUNCAN BUELL, Chair Emeritus in Computer Science and Engineering at University of South Carolina, joins us on today's show to explain the letter, the threat and the need for the SoS to take action now, rather than waiting until after Election Day.

"If the results are known first and then somebody says 'let's audit', there will always be some skepticism and some conspiracy theory that the reason for the audit is because the result came out different from somebody in power who wanted it to be a different result," Buell tells me. "You've got to mandate the audit before you have the result so the voters know that this is being done specifically for the right reasons."

He goes on to explain how the EMS software, which can now be downloaded and explored for vulnerabilities by anyone with an Internet connection, is "absolutely central to everything" when it comes to running elections on computer systems. "The EMS is almost certainly going to be configuring ballot styles --- even for hand-marked [paper] ballots, where the bubble is to be filled in, in terms of position on the page --- and it's going to be the system at the end of the day that does the tabulations. So anything that is that central is really critical."

When I ask if it's an overstatement to refer access to the EMS software as "the keys to the kingdom" when it comes to computerized voting and tabulation systems, Buell confirms: "I don't think that's an overstatement at all. That's very much the case."

Even with the recent shift in polling, suggesting a possible lead for Newsom in the Recall, Buell notes, "I don't necessarily think either side should be breathing a 'sigh of relief' because the problem really is that the election system needs to be secure, and the election process has to be done in a transparent way that voters can trust and understand. With the release of the [EMS] software, it's hard for anyone to really feel that what's going to happen is what ought to happen unless there is a statistically sound Risk-Limiting Audit conducted after the fact, just to make sure things got done right. This is a question of confidence, transparency, and the fact that we don't get to do elections over."

He offers much more insight on all of this during our conversation today, as based on his many years of experience with voting systems as both a Professor and expert witness in voting system related cases and challenges across the country. We discuss the lack of response the eight top experts have so far received from Sec. Weber in CA, and a dismissive --- and arguably naive --- statement given by her office to AP last week following the release of the letter.

"I have seen well-meaning election officials with too little skepticism and too much hubris," Buell warns. "I think that's a problem. We don't know what the results are going to be, so we don't know ground truth for what's going to come out of this recall election in California. We can't do it over. This means that, yes, all of the processes have to be rock solid. But it also argues that there needs to be a way, after the fact, to make sure that the outcome that you think you got is the outcome that you should have gotten. That's what one of these RLAs, Risk Limiting Audits, will do."

He also observers that California is lucky, in that the inventor of the RLA protocol, Philip Stark of U.C. Berkeley, is right here to help. Stark is also a signatory of the letter to Weber. He joined us on the show several weeks ago, just after the stolen Dominion EMS software was released, to explain the serious concerns at that time --- well before the national media had noticed any of this, and before CA's SoS got around to seemingly ignoring the warning and advice of the nation's top experts in the field.

Given that Donald Trump is already falsely and predictably claiming that the CA Recall is "a rigged election", as is Fox "News", it's even more imperative that Weber mandate a professional, publicly witnessed, statewide post-election audit now (as opposed to the type of scammy, secret, "audit" theater recently carried out by inexperienced, partisan, conspiracy buffoons in Maricopa County, Arizona, for instance) before the computer-tallied results of next week's critical Recall Election are known.

Speaking of fraud and conspiracy buffoons, we have a bit of fresh news this week about the slow, but still "ongoing" criminal investigation by Fulton County, Georgia District Attorney Fanni Willis into the conspiracy led by Donald Trump to try and strong-arm Peach State officials into stealing the election on his behalf last year. That probe could also end up targeting fellow conspirators Sen. Lindsey Graham (R-SC) and Rudy Giuliani.

And then we close with the really really dumb comments from MyPillow conspiracy buffoon Mike Lindell, in which he recently seems to have thrown himself under the bus on his own streaming video channel, in regards to the $1.3 billion defamation lawsuit he is currently facing from Dominion Voting Systems...

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