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

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

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

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

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

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

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

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

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

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

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

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

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

ALSO TODAY....

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

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

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Yup. They'll believe anything. As discussed on today's BradCast, the MAGA dupes even have a new, insane explanation for why President Biden "allowed" his own, supposedly "weaponized"-against-Republicans DoJ to bring felony charges against his own son. [Audio link to full show follows this summary.]

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

• The President's son, Hunter Biden, was found guilty by a federal jury in a Delaware courtroom on Tuesday, on charges that he had lied about his drug use on a federal background check form while purchasing a revolver in 2018, as he was overcoming his battle with drug addiction following the death of his brother. He never loaded the gun and owned it for just 11 days before his girlfriend thew it away. He was charged for something that nobody else has ever been charged with, unless they also committed an additional gun-related crime. Oddly enough, despite the "weaponization of the Justice Department" by Joe Biden to go after Trump and Republicans that we've heard so much about from Donald Trump and his MAGA minions, Hunter was found guilty on charges brought by a Trump-appointed federal prosecutor in a trial presided over by a Trump-appointed federal judge. President Biden said he "accepts" the jury verdict and does not plan to issue a pardon to his last living son.

• That news comes on the heels of yesterday's program, in which we heard from Donald Trump supporting listeners about why they still support him, even after his conviction on 34 felony counts in New York related to a hush money payment to help him successfully rig the 2016 Presidential election. If you heard the show, you know that the reasons those callers still support Trump is that they have been wildly disinformed about all manner of facts, including their belief that Biden and/or his DoJ orchestrated the NY state prosecution. Even Trump's own former defense attorney in the case has called the evidence-free claim "ridiculous". But the dupes believe it nonetheless, along with a whole bunch of other Republicans who buy that nonsense and many more evidence-free claims regarding the 2020 election, the 2021 insurrection and more.

• But, there is a bit of good news for Joe Biden and Democrats in recent polling following Trump's conviction in New York.

• There is also good news for all of us, in that some of the biggest rightwing disinformers, other than Donald Trump, are finally facing some real accountability. Last week, it was reported that rightwing radio/podcast propagandist Alex Jones was liquidating his businesses, including his InfoWars program, to begin paying off his $1.5 billion defamation liability to families of Sandy Hook victims after years of lying about the tragic 2012 mass shooting at a Connecticut elementary school as a "hoax."

• And, at the end of May, the rightwing radio outfit Salem Media Group, apologized and retracted the hoax documentary called 2000 Mules, made by convicted rightwing election fraudster Dinesh D'Souza and the long-disgraced rightwing fraudster group called True the Vote. The film details a wholly debunked, wild conspiracy about Democrats scheming to steal the 2020 election from Donald Trump through an insanely complex plot involving tens of thousands of fraudulent ballots deposited secretly into drop-boxes in battleground states. Salem pulled the film from distribution and apologies for it in response to a defamation suit filed by a man featured in the film via security camera footage and falsely described as committing election fraud. None of that, of course, will keep Trump and the MAGA dupes from continuing to cite the film as "evidence" of a stolen election --- even as it contains no actual, ya know, evidence of such any such scheme.

• On the other hand, we have more actual voter fraud documented as having been committed by Republican voters. This time, its an 85-year old GOP voter who was found guilty last month of double voting at two different houses he owned in both Massachusetts and New Hampshire during the 2016 election.

• Finally, Desi Doyen joins us for our latest Green News Report, with disturbing news on gains by far-right, anti-climate action political parties in the European Union's parliamentary elections over the weekend; dumb news on New York Governor Kathy Hochul's much-criticized halt to New York City congestion pricing; and good news on new vehicle mileage standards by the Biden Administration that will save consumers money and combat climate change...

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We've been telling you since Thanksgiving on The BradCast that Accountability Season is finally beginning to get underway as Election Season almost wraps up. Today's show is pretty much nothin' but accountability. [Audio link to full show is posted below this summer.]

Earlier this week, in the first of several conspiracy trials scheduled for far-right, white nationalist militia groups, the Dept. of Justice notched guilty verdicts for Seditious Conspiracy charges in relation to the Trump-incited January 6th, 2021 insurrection at the U.S. Capitol. Oath Keepers founder Elmer Stewart Rhodes III (a one-time guest on this program!) and its Florida chapter head, Kelley Meggs, were both found guilty by a jury on Tuesday. They and three co-defendants were also convicted of Obstructing an Official Government Proceeding and other charges related to the effort to block the peaceful transfer of Presidential power in a failed attempt to help Trump steal the 2020 Presidential election.

Each of the five defendants found guilty on several charges each this week are facing maximum sentences of anywhere from 40 to 86 years in prison for their crimes. So, what does this mean going forward for the other upcoming sedition trials and for those yet to be charged for the same felony crimes, such as Roger Stone, Alex Jones and...yup...Trump himself?

We're joined today by national security journalist MARCY WHEELER of Emptywheel to discuss all of that and much more! Among the related topics discussed...

• Why the convictions this week were important, and how the several trials of Oath Keepers and Proud Boys are being approached by DoJ as "interlocking conspiracies". In turn, they may result in similar indictments eventually against Trump insiders like Stone and Jones for seditious conspiracy and/or conspiracy to obstruct the government's peaceful transfer of power.

• Whether Trump will eventually face same charges and how much it matters whether he is indicted for Sedition versus Obstruction, both of which carry the same 20-year max sentences attached to them.

• Whether Merrick Garland's recent appointment of Jack Smith as Special Counsel overseeing both the federal January 6 probe and their criminal investigation of the classified and other documents stolen by Trump and obtained by the FBI at Mar-a-Lago is a good or bad idea. On that, she points out that Smith's mandate may eventually require a decision on whether to bring charges against Republican member of Congress like Reps. Scott Perry (PA) and Jim Jordan (OH). As she reported at Emptywheel recently, with a razor thin majority for the GOP in the House next year, such decisions could end up flipping control of the House from Republican to Democratic. Therefore, it may prove critical to have someone overseeing these investigations who is not a political appointee of President Biden.

• In the event that Trump is charged for any of these crimes, will it even be possible to find a jury that doesn't include a MAGA Republican willing to block any and all charges against the former President? On that, she notes, she is less concerned about such jurists than about Trump's skills as "a mob boss".

"Let me put it this way," Wheeler tells me on that point, "I'm far more worried about obstruction than I am about a jury. He's a mob boss. I think virtually all people really, really underestimate the degree to which he obstructed [Special Counsel Robert] Mueller in 2020 after Bill Barr came in. Barr got away with so much that people just can't conceive how effectively he killed the Mueller investigation and any other investigation that tied to him. So, he's not President, but he's still a mob boss." And that, she says, worries her more "than that a jury won't do their sworn duty."

And, in more Accountability Season news on today's program...

• Trump-backed U.S. Senate loser and former celebrity TV Doctor Mehmet Oz is apparently not welcome back on TV and can't find a job. Sad!

• Two longtime GOP operatives/yutzes, Jack Burkman and Jacob Wohl, who sent out tends of thousands of robocalls to black voters in five states before the 2020 election, trying to hoax them about phony dangers of voting by mail (and turning over their information to "The Man" in the process), were sentenced in Ohio this week. Their sentence, somewhat hilariously, includes 500 hours of voter registration work in low-income D.C. neighborhoods.

• And BREAKING just as were finishing up today: In a stinging loss for Trump, a three-judge panel (including two judges he appointed) on the 11th Circuit Court of Appeals, nixed the Special Master named by Judge Aileen Cannon (also a Trump appointee) to review the stolen government documents retrieved by the FBI from Mar-a-Lago. The court ruled Cannon had no jurisdiction to make any such appointment which served only to help the Mob Boss slow down the DoJ's investigation of Trump's theft of records, and apparent violations of the Espionage Act, the Presidential Records Act, and obstructions of justice...

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We are finally beginning to see the start of some real accountability for so many of the countless rightwing hoaxsters, fraudsters and scam artists who enjoyed their hey days during the Trump Era. Specifically on today's BradCast, we're beginning to see accountability for rightwing hoaxsters Steve Bannon, Alex Jones and the fraudsters calling themselves True the Vote. [Audio link to full show is posted below this summary.]

WE KICK THINGS OFF today with Donald Trump's former aide Steve Bannon, a guy willing to allegedly hoax millions of Trump's own supporters to raise money to build a border wall, while secretly keeping millions for himself and his fellow hoaxsters. He will face trial for those charges in New York. But this week he's facing sentencing after being found guilty on two counts of contempt of Congress for failing to respond to subpoenas for documents and testimony from the bipartisan House Select Committee investigating the January 6 insurrection and Trump's failed attempts to steal the 2020 Presidential election. The DoJ is recommending 6 months of prison time and a $200,000 fine. The sentencing hearing will be before a Trump-appointed federal judge this Friday.

NEXT UP, we're joined by award-winning broadcast journalist turned media activist SUE WILSON of Media Action Center to discuss the dangerous lies of rightwing hoaxster Alex Jones. Last week in Connecticut, Jones was ordered to pay $965 million in damages to parents of children killed in 2012's Sandy Hook Elementary School massacre. Jones was previously held liable in Texas in a separate defamation suit by other parents who also lost children in the mass shooting that resulted in the murders of 20 first graders and 6 adults.

Jones, as Wilson reported at The BRAD BLOG last week, denied that anyone was ever killed at Sandy Hook, claiming the parents of the children were "crisis actors" and that it was all a hoax by those who support gun safety measures. After years of using our public airwaves to repeat those false claims, many of the parents in question were traumatized, confronted by Jones' supporters and were forced to move, thanks to continuous harassment from some of Jones' deranged fans.

But the critical point Wilson asked in her piece was why it is that Jones is still broadcasting over our public airwaves at all? She notes today that some activists have complained to radio stations to successfully have his show removed from the air. But, she says he still remains on about 25 stations which are licensed to broadcast in exchange for "serving in the public interest". As Wilson details on today's show, there are still FCC regulations on the books barring the use of our public airwaves to promote hoaxes that involve crimes such as murder. Nevertheless, no action has been taken by the federal government against Jones or the stations who air him. We discuss why that may be, how listeners can take action to change that and the First Amendment issues surrounding the matter.

THEN, we've spent too much time on past shows already detailing how the GOP "voter fraud" fraudster group calling itself True the Vote (TTV) attempted to hoax the nation by creating a fake documentary with fellow hoaxster (and convicted election fraudster) Dinesh D'Souza called 2000 Mules.

The premise of the film is that TTV claims to have purchased third-party cellphone geolocation data that supposedly reveals thousands of phone users repeatedly visiting absentee ballot drop-boxes in multiple battleground states in 2020 to cast hundreds of thousands of fraudulent votes. Moreover, the group claims they have thousands of hours of surveillance camera video footage revealing the same "mules" visiting these drop-boxes over and over to cast the phony ballots.

The film was thoroughly debunked as nonsense almost immediately upon its release earlier this year. In fact, it includes no actual footage of anybody casting fraudulent votes. But certain rightwing dupes, including the former President, falsely insist that it does. Just last week, for example, in response to the House J6 Committee voting to subpoena Trump, he responded with an absurd 14-page reply [PDF] citing dozens of (long-ago debunked) instances of fraud in the 2020 election. He cited TTV's 2000 Mules film, claiming the group "collected over 4 million minutes of ballot drop box video, showing ballot stuffing at a level not seen before." The result, he falsely asserted, proved that "millions of ballots were stuffed...an Election-changing number many times over."

All of it, of course, is nonsense. And, as it turns out, even the office of Arizona's far-right, voter-suppression friendly Attorney General Mark Brnovich has now noticed. On Friday, the Criminal Division in his office referred TTV to the FBI and IRS for investigation. The AZ A.G. explains in their two-page referral letter [PDF] that, despite multiple meetings with the group's founder Catherine Engelbrecht and researcher Greg Phillips, who both claimed to have video evidence of fraud they promised to turn over, they never actually did. Furthermore, as the letter explains, the pair also met with FBI officials in Phoenix and claimed to have turned over the data to Brnovich's office. They later met again with Brnovich's office and claimed they gave the data to the FBI!

"Given TTV's status as a nonprofit organization," the Chief Special Agent in Brnovich's criminal division office wrote to the FBI and IRS on Friday, "it would appear that further review of its financials may be warranted."

FINALLY, on one of our programs last week, I broke down the five Republican U.S. Senate seats (in PA, OH, WI, NC and FL) that appear to have a plausible possibility of flipping to Democratic in November's critical midterm elections, and the two Democratic seats (in GA and NV) that could plausibly flip to Republican. But over the weekend, the Des Moines Register poll --- considered the Gold Standard for political polling in Iowa --- released an eyebrow raising survey finding that the state's 89-year old seven-term Republican Senator Chuck Grassley, now running for his eighth term, is only three points ahead of his Democratic challenger, retired U.S. Navy Admiral Mike Franken, among likely voters. The poll shows Grassley leads with 46% of the vote to Franken's 43%. Could that seat really be up for grabs in the Hawkeye State next month?!...

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On Wednesday, a jury in Waterbury, Connecticut awarded parents of schoolchildren slain by a gunman's bullets an extraordinary $965 million in damages because far-right propagandist, conspiracy theorist and huckster Alex Jones publicly defamed them. He did so on U.S. radio stations which are licensed by the federal government to serve in the public interest. (The jury's award on Wednesday follows a $49 million award to Sandy Hook parents in a separate case decided in Texas on August 5.)

Jones and guests on his InfoWars show, broadcast as a radio program over our public airwaves and over the Internet, falsely and repeatedly claimed the 2012 Sandy Hook elementary school shooting was a hoax. He told millions of listeners no children were shot; that grieving parents were actually paid "crisis actors"; that the entire shooting, which took the lives of 20 first-graders and six adults, was staged by gun opponents to somehow further their agenda.

As determined by both the Texas and Connecticut cases, these radio broadcasts caused some of Jones' deranged listeners to threaten the grieving parents' lives. According to court documents, Leonard Pozner, whose six-year old son Noah was killed, received threatening voicemails: "You gonna die. Death is coming to you real soon." Pozner and his wife relocated seven times to avoid harassment based on Jones' remarks. Each time they moved, Jones' followers published their new addresses online. "Sometimes I lie awake at night worrying that despite our efforts at security, a determined conspiracy fanatic might gain entry to our home," said Noah's mother, Veronique De La Rosa.

Why is Jones allowed to use our publicly-owned radio airwaves to spread these dangerous lies? To encourage his listeners to cause direct harm to innocent individuals who have already suffered more grief than we can imagine? It should be against the law. It already, kind of, is...

It was Day 7 of public hearings for the bipartisan U.S. House Select Committee probe of Donald Trump's January 6th insurrection at the U.S. Capitol and his multiple failed attempts to steal the 2020 Presidential Election. We've got full Special Coverage once again on today's BradCast. [Audio link to full show follows this summary.]

If you've been turning away over the past week or so, we've got a quick recap of "our story so far" at the top of today's show, summing up the key elements of the six previous public hearings by the Committee. In short, to sum up that summary, Donald Trump knew everything and was personally involved in everything. He knew there was no fraud of note in the 2020 election, as all of his top advisers and legal experts told him as much, but he continued to lie about it anyway. He knew that his efforts to reverse election results to steal the election from Joe Biden in various swing-states and at the joint session of Congress on January 6, 2021 were unlawful and/or Constitutional. Again, we've been shown that all his top advisers told him as much. He relentlessly pushed for it anyway. And he knew that calling his supporters to D.C. on January 6 and directing them to march on the Capitol would result in violence led by armed extremist groups. He was advised against it, but he did it anyway.

Today's hearing picked up on Trump's "call to arms" to his supporters. It came in the middle of the night in his now-infamous "Big protest in D.C. on January 6th. Be there, will be wild!" tweet, issued just hours after an insane, "unhinged", hours-long December 18, 2020 White House meeting with his personal crackpot attorneys Sidney Powell and Rudy Giuliani, his felonious former National Security Adviser Michael Flynn, former Overstock.com CEO Patrick Byrne (for some reason) and a bunch of White House attorneys. The latter angrily tried to derail the MAGA coup plotters plans to have the President issue an Executive Order to seize the nation's voting machines and install Powell as a Special Counsel to investigate fraud and issue arrests. Even Trump loyalist and White House Counsel Pat Cipollone --- who finally testified to the Committee last Friday --- said he "vehemently opposed" the "terrible idea." That, after repeatedly asking for any evidence of fraud and being shown none at all.

That bonkers meeting, and its fallout --- resulting in the tweet that "electrified and galvanized" his supporters immediately thereafter --- was detailed in the first part of today's hearing, with mountains of evidence and video-taped testimony. The second part covered what happened next, as the extremist groups which supported Trump, including the Proud Boys and Oath Keepers (the leaders of which have already been indicted for seditious conspiracy), descended on D.C., planning for the violence --- and much worse --- that eventually occurred.

The Committee shared video of Trump's media supporters, immediately after his "will be wild!" tweet, calling on their own followers to join them in D.C., including rightwing conspiracy radio host Alex Jones and others. One called for "storming right into the Capitol," noting "the rules of engagement: If you have enough people, you can push down any fence or wall." Another vowed "There are gonna be a million, geeked-up armed Americans" coming to occupy D.C. in response to Trump's call.

All of that, weeks before Trump eventually directed them to march to the Capitol on Jan. 6 in what, the Committee showed through several draft tweets and speeches, was absolutely not a spontaneous ad-lib made by Trump during his remarks on the Ellipse. The armed march on the Capitol was the plan all along.

On the night before the attack, according to White House call logs obtained and revealed by the Committee today, Trump's disgraced former aide Steve Bannon took to his "War Room" podcast just after a conversation with the then President to declare: "All hell is going to break lose tomorrow. It's all converging and now we're on the point of attack. It's not gonna happen how you think it's going to happen. It's gonna be quite extraordinarily different and all I can say is strap in."

One witness at the end of today's hearing were Jason Van Tatenhove, an independent journalist turned self-described Oath Keepers propagandist, who says he left the group 5 years ago after seeing them become more and more racist and violent. The other was Stephen Ayers, a January 6 rioter and Trump believer. He was not tied to any of the extremist groups. He was just a guy, "a family man" who answered Trump's call to come to D.C. and "fight like hell" to "save the country" as he believed Trump needed him to do. He was arrested and pleaded guilty to disorderly conduct at the Capitol and now regrets every part of it, believes it was all a con, but has since lost his job and much more after having fallen for Trump's Big --- violent, deadly --- Lie.

Today's hearing came to a close with another Liz Cheney cliff-hanger. This time she revealed that Trump had attempted to contact one of the Committee's witnesses following their last hearing. "We will take any effort to influence witness testimony very seriously," vowed the Committee's Republican Vice Chair, adding that the Justice Department had been notified about the apparent witness tampering by the disgraced former President.

Joining us to make sense of all of this today are, once again, HEATHER DIGBY PARTON of Salon and Hullaballoo, joined this time by DAVID FARIS, Associate Professor of Political Science at Roosevelt University and a contributor to both Newsweek and The Week.

"They've been setting up the various strands," Parton explains, describing today's hearing focused on Trump's directives to his violent supporters, as she cited Andrew Weissman's recent "'hub and spoke' conspiracy" op-ed at NYTimes. "There were a number of different spokes going out from the Oval Office, which included the 'voter fraud,' the fake electors, the DOJ, Mike Pence. This was one of the spokes, and it's a huge one, because it is the spoke that leads from the White House and the Oval Office to the insurrection on January 6th. That part of the whole coup plot, the conspiracy to keep Trump in office come what may, that was a huge one."

"Big picture, I think these hearings have a number of different purposes. One is to provide concrete evidence of a systematic and sustained effort to extra-constitutionally overturn the results of the 2020 election," Faris observes. "Stealing the election. That's a coup. We've learned a lot more during these hearings about the mechanics of the coup. The bottom line is that the people who were putting these plans into motion knew perfectly well that they were illegal."

He also notes that he believes these hearings are likely to spur the DoJ into action. "There are a lot of little Trump lieutenants running for office who are planning to do things like manipulate the vote in 2024, or use extra-constitutional procedures to install a Republican candidate for President into office," Faris tells us. "There are a lot of people who are contemplating committing crimes in another conspiracy against the United States, and if you do not show them there are consequences to the people who did it the first time, I don't see how those people can draw any other conclusion then that they'll get away with it. I wish that we were not in this position where we have to talk about indicting a former President. It's not great. But I don't think he can be allowed to skate without really jeopardizing our democracy."

Lots more on today's show, of course, from the hearing itself and via smart analysis from Parton and Faris as, yes, the walls continue to close in on Donald J. Trump...

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We'd love to tout all of the encouraging news we have for you on today's BradCast. We have quite a bit of it. Problem is, while we have a lot of it, each story is largely just marginally encouraging in and of itself. Still, these days, we'll take what we can get! [Audio link to full show follows this summary.]

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

• An appeals court in Wisconsin unanimously blocks a wingnut lower court judge's ruling from a few weeks ago that had declared the use of absentee ballot drop boxes to be in violation of state law, despite the many years that they've been in use. Who knew? So, good news that the judge was overturned for now. Bad news that the appellate court order only applies for now to the state's upcoming February primary elections.

• Seemingly encouraging news out of Alabama today --- perhaps the only unqualified good news we've got to share with you all day, in fact! A three-judge federal court panel --- including two Trump appointees --- have rejected the state GOP's newly redistricted U.S. House map, declaring it to be an unlawful racial gerrymander in violation of the federal Voting Rights Act. The court's ruling, if it withstands appeal, would require the Republican-majority state legislature to draw two Black majority districts instead of one. That, in a state with a 27% Black electorate, represented for years by 6 Republican White men and 1 African-American Representative.

• While the U.S. (and EU and NATO) continue their warnings of an "IMMINENT INVASION!" of Ukraine by Russia, Ukrainian officials have a message for the world: Please calm the fuck down! (Though please keep sending those weapons in the mean time.)

• Oh, look! Wingnut radio conspiracy theorist, professional grifter, Donald Trump buddy, and key instigator of the deadly January 6th attack on the U.S. Capitol, Alex Jones, quietly sat down this week for questioning with the U.S. House Select Committee investigating Trump's attempt to steal the 2020 election. That, even though Jones had previous filed a lawsuit to quash his subpoena from the Committee. Apparently, he pleaded the Fifth "almost 100 times" for some reason in the bargain, he says.

• And, speaking of pleading the Fifth, (former?) law professor John Eastman, who wrote the memos detailing a plot for how then Vice President Mike Pence could "legally" steal the election for Trump by refusing to accept lawfully certified 2020 Electoral College votes on January 6th, also chose to avoid self-incrimination in criminal matters by invoking the privilege when he testified recently to the Committee. As of a court hearing on Monday, we now know he did so 146 times! That, according to details proffered during the hearing for a suit in which Eastman is suing his former employer, Chapman University. He is hoping to prevent them from releasing 19,000 of his emails subpoenaed by the House Select Committee and written from his university email address while working for free for Trump (unbeknownst to the non-partisan university, which eventually fired him for doing so.) The judge in the case is reportedly not happy with Eastman, and has ordered him to make a list of which of the 19,000 subpoenaed emails he believes should be withheld from the Committee due to attorney-client privilege.

• Meanwhile, it continues to be a lousy time to be associated with our disgraced, twice-impeached loser of a former President. Even for a coal lobbyist. Democrats in the Virginia state Senate say they are now united in their hopes of blocking the new GOP Governor Glenn Youngkin's nomination of former Trump EPA Administrator (and coal lobbyist!) Andrew Wheeler for the commonwealth's top environmental official. SAD! That, after 150 former EPA employees signed a letter to the state Senators accusing Wheeler of having "pursued an extremist approach, methodically weakening EPA’s ability to protect public health and the environment, instead favoring polluters." (Though because the state Senate Dems haven't yet taken the very rare step of blocking the new Guv's nominee, the news is still to be considered marginally good for the moment.)

• Finally, while it should be very good news that we are sharing our 1,200th Green News Report today --- coincidentally in the same week that The BRAD BLOG is celebrating our 18th birthday --- the fact that we've had to do 1,200 GNRs (instead of saving humanity and the entire planet about 800 episodes ago) makes the good news only marginal as well. As usual, the content of today's report doesn't help much either...though even there, we've got a bit of marginally encouraging news for ya.

You're welcome!...

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We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

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On today's BradCast, we try and wrestle the Monday blizzard of incoming news to the ground --- some of which suggest that maybe we're getting somewhere. Finally. Maybe. A little. [Audio link to full show follows this summary.]

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

• Steve Bannon turns himself in to federal prosecutors to face two charges of criminal Contempt of Congress, each of which could earn him as much as a year in prison. But the message sent with his indictment by Attorney General Merrick Garland to the other three dozen or so Trumpers who have also been subpoenaed by the House Select Committee investigating the January 6th attempt to steal the 2020 election, is the most important point here. Donald Trump's former Chief of Staff Mark Meadows may face similar charges after defying his own subpoena on Friday. Trump himself could also still be subpoenaed by the tenacious, bipartisan House Committee.

• It took an extra day or so, but the nearly 200 nations that gathered for the COP26 U.N. climate summit in Glasgow, Scotland over the past two weeks finally reached an agreement [PDF] that all parties could sign onto over the weekend. For the first time, this year's agreement --- while not nearly enough to take on the worsening threat of our climate emergency --- finally calls for the "phase down" of coal and other fossil fuels. Incredibly, until this year, neither the words "coal" or "fossil fuels" have appeared in any of the previous 25 agreements signed by the parties over the years. And even "phase down" was a last minute change demanded by India and China from "phase out". Desi Doyen explains that and much more, including the continuing problem of securing commitments from developed countries who caused the problem to cover the enormous costs of developing countries who didn't, even as many of them are paying the greatest immediate and long term price for our climate catastrophe.

• Beto is in. Former Democratic Congressman Beto O'Rourke declares his intention to run for Governor next year against Texas' far-right incumbent Republican Greg Abbott.

• Leahy is out. The 8-term Democratic U.S. Senator from Vermont, Patrick Leahy, currently the longest servicing member of the upper chamber, announces he will not seek a ninth term.

• The fate of Kyle Rittenhouse is now in the hands of the jury. The 17-year old counter-protester used a semi-automatic rifle to shoot three demonstrators, killing two of them, in Kenosha, Wisconsin last year after the police killing of George Floyd. Before handing the case to jurors, the judge --- whose bizarre behavior throughout the televised trial suggested he's in the bag for Rittenhouse --- dropped a less significant charge of being a minor in possession of a firearm.

• Far-right propagandist and conspiracy theory profiteer Alex Jones and his Infowars media outlet were found guilty by default in the latest defamation case against him in Connecticut. The suit was brought by families of eight people killed in the 2012 mass shooting at Sandy Hook Elementary School in Newtown. Jones declared the massacre to be a "giant hoax" by the federal government. It's the fourth Sandy Hook case in which Jones has been found guilty of defamation. The first three were in Texas, where Jones' media empire is based. Juries in each state will decide how much Jones must pay in damage and court costs to the families next year.

• The biggest political news of the day was the $1.2 trillion bipartisan infrastructure bill finally signed into law on Monday by President Biden in a ceremony on the White House lawn. It is the latest component of his sweeping "Build Back Better" agenda following the devastation of COVID, Donald Trump and, in this case, decades of failure to invest in rebuilding and shoring up the nation's crumbling infrastructure. We explain what's in the landmark bill, including the largest single investment in roads and bridges since the Eisenhower era. There are also a number of key environment and climate related elements in the bill, for replacement of toxic lead water pipes, hardening and expansion of the nation's power grid, investment in electric vehicle charging stations and zero- and low-emission public transit and consumer vehicles. The Administration vows the measure will create millions of jobs over the next five years. And while infrastructure has traditionally been one area on which both Republicans and Democrats tend to find common ground, the post-Trump Republican party has described the bill as a "communist takeover" of the country, and has turned on Republicans in both the House and Senate who voted for passage. That has resulted in death threats for a number of the GOPers in the House who voted for the bipartisan measure supported by such noted "communists" in the Senate as Mitch McConnell and Lindsey Graham.

• And yes, we take a few calls from listeners on all of the above throughout today's program...

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