Much of our politics in the U.S. these days warrants more mockery and less outrage. Some, however, warrants more concern than Americans may yet fully appreciate. We discuss all of the above on today's BradCast. [Audio link to full show is posted below this summary.]

First up, we started the year with many Democrats troubled by what Republicans might do with their Committee "investigations" upon gaining back majority control of the U.S. House. We advised at the time that the promised Committee probes of stuff like Hunter Biden and the so-called "weaponization" of the U.S. Government were more likely than not to backfire on Republicans.

If last week's impressively aggressive response by House Democrats to Chair Jim Jordan's supposed FBI "whistleblowers" is any indication, things are already going quickly South for them. The Dems' 300+ page report [PDF] details the testimony and backgrounds of the first of these "whistleblowers" to be interviewed by the new House Select Subcommittee on the "Weaponization of the U.S. Government." They turn out not to be whistleblowers at all, but paid Donald Trump shills and disgruntled conspiracists who are unable to cite any actual violations of law, according to the Democrats report.

In a similar vein, we strongly recommend mockery as the correct response to Tucker Carlson's silly, cherry-picked segments this week, supposedly based on 40,000 or so hours of U.S. Capitol security camera footage from January 6, 2021, turned over to him by House Speaker Kevin McCarthy. Tucker is hoping to rewrite the history and known facts of Trump's deadly insurrection as little more than "sightseeing" and "mostly peaceful chaos". As it turns out, the U.S. Capitol Police chief, top elected Republicans in the Capitol that day, and, yes, even Fox "News" itself, seem to strongly disagree with Tucker's attempted revision of history.

But, while much of the phony outrage by far-right trolls like Carlson and Jordan deserve more laughter and mockery than outrage or panic from Dems, there is still plenty to be concerned about in our post-Trump politics, according to fascinating findings from researchers based on a nationally representative survey of 1,500 Americans from strong Democrats to independents to strong Republicans.

One of the most alarming findings is that "majorities of every political stripe agree or strongly agree with" the statement that "the only way our country can solve its current problems is by supporting tough leaders who will crack down on those who undermine American values. "

That, of course, sounds somewhat like authoritarianism, though the researchers left concepts like "current problems", "crack[ing] down", and "American values" intentionally vague in their survey for reasons they explain on today's program.

We're joined today by two of the report's four authors, Allegheny College Asst. Professor of Political Science TARAH WILLIAMS and Associate Professor ANDREW BLOESER, Director of the college's Center for Political Participation. Their recent article, summarizing their study's findings, leads with the troubling news of majorities, across all partisan lines, who support "crack[ing] down on those who undermine American values."

"It was fairly remarkable," Williams explains. "We anticipate that those who are answering this as Strong Democrats vs. Strong Republicans may have quite different visions of those folks who undermine American values. But the fact that there is this visible support across the board, we thought was really quite concerning."

The researchers discuss findings on partisan positions regarding things like "bending the rules" or "using rough language" to criticize political rivals or to "get things done," as well as how Americans feel about shutting down news organizations "attempting to undermine American values". Unsurprisingly (if still disturbingly) 72% of self-identified "strong Republicans" either agree or strongly agree with shutting down news organizations. Troubling in another way, a third (33%) of Strong Democrats feel the same way!

As to why some of the terms used in the survey are left intentionally vague, Bloeser explains, "Respondents may have their own ideas about what 'American values' mean to them. The next critical question is, 'What would you do in the service of your values? You believe that you are right, therefore, are you willing to say some groups in society should be, in a very blanket way, criticized, demeaned? Do you think that we should shut down the free press, something that is clearly anti-democratic? Do you think that it's fair for a leader to bend the rules for some groups in society to the detriment of others?' So you might have a variety of different goals that you think are noble in mind, but at the point where you're willing to undermine democracy, you're trading in something pretty significant there."

"Significant proportions of people across the political spectrum, but especially on the political right - Republicans and Strong Republicans --- are willing to say that crackdowns on entire groups, shutting down the free press, and bending the rules for people like them would be acceptable in service of what they think America should be. And that really is the pattern that we want be concerned about."

"It's not a tie," Bloeser is careful to note. "We certainly see it more on the political Right among self-identified Republicans. But the fact that some of those attitudes also exist fairly widely among Democrats should also be a concern. Because when one group starts to see another group as an existential threat, these are the things that can pull apart the fabric of society, and that can really undermine democracy."

Their study, published by Cambridge University Press, is titled "Are Stealth Democrats Really Committed to Democracy?" Williams makes clear that the reference is to small "d" democrats, as opposed to the Democratic Party.

"'Stealth democracy' is a notion that there are some individuals who would prefer a government that they don't really have to see," she tells me. "They don't like high-conflict politics. They think people making compromises is weak or failing to represent values. And they think it's a slog, which, let's be honest, policy-making is. So for those reasons, people who tend to be stealth democrats tend to prefer this expedient process that in a lot of ways looks distinct from what we think about as the necessary machinations of democracy."

As I note in response, "stealth democracy" sounds a whole lot like autocracy to me. Neither Williams nor Bloeser seem to disagree...

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On today's BradCast: Based on the FBI's unsealed warrant for their recent court-approved search at Mar-a-Lago, we now know that our disgraced former President is being criminally investigated by the Dept. of Justice for violation of at least three federal statutes. One of them --- the one which has arguably received the most headlines --- is the Espionage Act. But that very broad federal statute has been wildly misused by the government over the years to target free political speech and, in modern days, both whistleblowers and journalists. Today, we speak with national security whistleblower Edward Snowden's lead ACLU attorney in hopes of better understanding the controversial law, what's wrong with it, how it needs to be amended, and if it is now properly being applied against Donald Trump. [Audio link to full show follows this summary.]

First up, however, as primary elections are underway in New York, Florida and Oklahoma today (noteworthy results and problem reports for voters on our next 'BradCast'), we wanted to close a loop on a story we reported last week. Anti-abortion activists in Kansas had hoped for a statewide hand recount of the ballot measure for a state constitutional amendment that failed so thoroughly during their primary elections earlier this month. The measure, trounced by about 18 points, would have allowed state Republicans to ban abortion rights in Kansas. Activists vaguely claimed there was evidence of fraud and asked for a hand-count of 9 of the state's largest counties after failing to raise enough money to count the whole state. That hand-count was completed over the weekend and very few votes changed at all. The "Yes" campaign netted an additional 63 votes out of more than 556,000 tallied by hand in those counties.

We've got some thoughts on that hand count to share today, including a response to the Kansas Sec. of State who claims the hand-count "proves once and for all that there is no systemic election fraud in our state's election process" (it doesn't) and for Democrats who decry lawful, public hand-counts --- paid for by challengers, even if they are loony ones --- as undermining our election system. They don't. In fact, they add confidence to it. Tune in for more.

Next, on Monday night, the New York Times reported that Donald Trump stole at least 300 documents marked as classified, many of them said to be incredibly sensitive national security documents. (Contrast that with the total of 3 documents found to have been sent to Hillary Clinton via her private email address marked as classified, for which Trump and his supporters railed to "LOCK HER UP!" for so many years.) All told, it took a year and a half to get those stolen documents back, after a year of negotiation and pleading by the National Archives, a grand jury subpoena from the DoJ, a personal visit to Mar-a-Lago by its top counter-espionage official, and, ultimately, the FBI search earlier this month.

Throughout that time, the paper reports, "Trump went through the boxes himself in late 2021," before failing to turn them all in and, even now, it is unknown if all of the stolen documents have yet been returned. Whether marked as classified or not --- and whether Trump declassified them or not (he didn't) --- it was still illegal for Trump to have any of them in his possession.

The federal search warrant revealed that he is being investigated for, among other things, violation of the Espionage Act. Writing last week at Politico, the Knight First Amendment Institute's Jameel Jaffer, formerly of the ACLU, argued that the Act has been abused over the years in its application against whistleblowers and journalists, such as Chelsea Manning (who released classified documents revealing war crimes by the U.S. Military), Reality Winner (who released a classified document revealing Russia's 2016 breach of U.S. voter registration systems) and, more recently, WikiLeak's Julian Assange.

But, Jaffer writes, while the overly-broad law desperately needs to be amended or even scrapped entirely, its use against Trump appears to be perfectly appropriate.

We're joined today by BEN WIZNER of the ACLU's Speech, Privacy, and Technology Project. Wizner serves as the principal legal advisor for Edward Snowden, the national security whistleblower who, charged with Espionage Act crimes, is currently living in Russia to avoid prosecution.

Wizner explains the many problems with the more than 100-year old law as it was originally used --- before being somewhat amended decades later --- to prosecute thousands of Americans for legitimate political speech. "In fact, the abuses of the Espionage Act at the outset really had something to do with the formation of the American Civil Liberties Union in 1920," he tells me. "It was used by Woodrow Wilson's administration to go after pacifists and anti-war activists, labor activists. Eugene Debs was prosecuted and imprisoned under the Espionage Act. So in its early years, it really is associated with all of the excesses of the first Red Scare and the crackdown on dissent, and immigrants and other radicals." (Debs ultimately ran for President from his prison cell, as Trump may now wish to take note.)

"In it's modern history, the core critique of the Espionage Act has been that it doesn't distinguish between selling the country's secrets to a foreign adversary for personal gain and sharing those same secrets with respected journalists in the public interest," Wizner explains. "In the Snowden case, you have somebody who shared information with news organizations. Those news organizations won the highest awards in journalism, a public interest Pulitzer Prize [based on documents from Snowden.]

But the most egregious part of the Espionage Act, as Wizner notes regarding Snowden's case and his exile abroad: "He's not able to argue, if he's brought to court under this law, that he was acting in the public interest, [and] that in fact the law [was] changed as a result of his actions. All of that would be irrelevant and inadmissible under an Espionage Act prosecution."

In other words, Snowden would be disallowed from even offering a defense for what he did. "The first person ever prosecuted under the Espionage Act for leaks to the press in the public interest, rather than trying to provide secrets to a foreign entity was, of course, the Pentagon Papers whistleblower, Daniel Ellsberg, in 1971," Wizner reminds us. (We discussed Snowden's case with Ellsberg on the show back in 2013. Audio and transcript here.)

There is much more to discuss about this bad law and the need to amend it, as several lawmakers from both major parties have long been trying to do. Tune in for that.

As to whether Wizner agrees with his former ACLU colleague, Jaffer, regarding the Espionage Act's correct application against Trump? While he argues "there's no good justification for what Trump did here," Wizner says he is keeping powder dry" regarding Trump's alleged Espionage Act violations. "I am very open to the possibility that when we find out why they cited that statute, I will be a full-throated advocate of what they did in this case. I'm just saying I don't have the information yet to be that full-throated advocate...It matters what those documents were. The fact that they were marked classified is a key fact. I still want to know what was in them."

"I believe Jameel Jaffer is correct that the concerns that the ACLU and other have raised about the Espionage Act are not implicated here," Wizner tells me. "We've been saying you shouldn't equate two different categories --- spies and whistleblowers. What we have here is a third category."

Finally, after some breaking news on President Biden reportedly deciding to forgive up to $10,000 in student loans for some federal borrowers, and Desi Doyen's explanation of how Democrats may have quietly and ingeniously outsmarted both Republicans and their stolen U.S. Supreme Court majority by declaring carbon dioxide and other greenhouse gasses to be "pollutants" in their recently passed Inflation Reduction Act, she joins us for our latest Green News Report, as the summer of extreme extreme weather continues...

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These are dark days indeed when the rise of a new Omicron variant turns out to be one of the lighter moments on today's BradCast. [Audio link to full show is posted below this summary.]

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

• Some real light amid the darkness. It's the one day of the year when we try to celebrate the one thing that Congress did when it was controlled by Republicans during the George W. Bush era that WASN'T terrible. It was actually good! (Though at least one caller today disagrees.) And, no, it wasn't the 25-year extension of the Voting Rights Act in 2006 (which was great! But they, obviously, didn't actually mean it as anything more than a failed election year ploy.)

• Sorry! But don't throw those masks away yet! Yes, we're all tired of COVID. But, no, it doesn't not appear to be tired of us yet. A new variant of Omicron --- dubbed "BA.2" or "stealth Omicron" or "Deltacron" --- is potentially 30% more transmissible than the highly infectious original Omicron variant, and its rising right now, and quickly, in parts of Europe and Asia. Luckily, it could never get here, right? Oops. It already has. (HELPFUL REMINDER: Now is the perfect time to get boosted if you haven't bothered yet! Seriously.)

• Snark amid the horror. The chief of Ukraine's anti-corruption agency writes a letter to the head of Russia's Ministry of Defense, "thanking" him for his embezzlement of the Russian military. The result, as alleged in his pretty hilarious letter (with photos): Russian tanks with armor filled with cardboard egg cartons; Bright light blue military transport vehicles that make for easy target practice for Ukrainian forces; "Bullet-proof" vests filled with cardboard.

• Russian propaganda debunked by AP. A particularly dark episode, the bombing of a maternity hospital last week in Mariupol, was all a fake, according to Russian officials. AP journalist and photographers, who were first-hand witnesses, however, report otherwise. They also follow up to report that one of the pregnant women at the hospital, videotaped as she was carried away on a stretcher through the rubble after the attack, has now died along with her unborn child.

• Russia media propaganda ministry makes Tucker Carlson a star! Yes, the Fox "News" anchor is repeatedly referenced in leaked memos sent to Putin's state-controlled media, urging them to play more clips of his various monologues from the Republican news channel repeating Kremlin propaganda. He's the only Western media star so cited in the several communiques obtained Mother Jones.

• YouTube blocks Russian propaganda channels. But ends up blocking a whole bunch of stuff that isn't Russian propaganda, including a bunch of my own appearances on RT over the years, long before they became little more than a mouthpiece for Putin. Is the loss of access to those videos (many of them previously embedded at The BRAD BLOG) a price worth paying to fight autocracy during wartime? We discuss, and have a bit of time (though very little) for a few callers who ring in today...

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In what would be a dream world for our previous President, who declared the media to be "the enemy of the people" just before his infamous 2018 meeting with Russia's Vladimir Putin in Helsinki, Russia has now criminalized pretty much any and all independent media. But our guests on today's BradCast have a really cool and, yes, retro idea about how to help counter Russia's media blackout. [Audio link to full show follows this summary.]

Among other restrictions, Putin's new censorship law, adopted just after his invasion of Ukraine, mandates harsh penalties, including jail time, for the crime of reporting on the invasion as an "invasion" or "war". Independent outlets have been forced to shutter or have stopped covering the war at all. Western media outlets have pulled their reporters and Russia has closed Internet access to websites of foreign state-run media outlets such as Voice of America, Radio Free Europe, the BBC and Deutsche Welle.

Kremlin-approved propaganda is now all that many Russians have access to, where they are being told that Russia's barbaric military assault on its sovereign neighbor --- including its civilian population --- is little more than a minor, "special military operation" meant to "demilitarize and denazify" Ukraine. Civilians are not being harmed, and anyone who says otherwise is reporting "fake news," the Kremlin insists.

Of late, however, as Julia Davis reported yesterday at The Daily Beast, some cracks are beginning to appear, even on Kremlin-approved television, including one of Moscow's most popular evening news programs, whose Putin-friendly host has been sanctioned by the EU and where nightly broadcasts frequently end with clips of monologues by Fox 'News' star Tucker Carlson.

For most Russians, however, there is very little access to independent, outside reporting to counter the official state media narrative. Our guests today, attorney KATE NEISWENDER and former longtime Voice of America employee and shortwave radio enthusiast KIM ANDREW ELLIOTT are part of a small, grassroots effort aiming to revive a Cold War technology in hopes of helping counter the information desert inside of Putin's new Iron Curtain.

Dubbed #ShortwavesForFreedom on social media, the new project has begun raising money to fund re-broadcasts of Voice of America (VOA) programming into Ukraine and Russia via shortwave frequencies. While the BBC World Service announced this week they were reviving their old shortwave broadcasts into the former Soviet Union, the Voice of America and Radio Free Europe/Radio Liberty --- both managed by the U.S. Agency for Global Media (USAGM) --- have declined to do so, at least so far.

Neiswender, Elliott and a number of other VOA veterans and supporters aim to fill that gap with a crowd-funded effort. The group has already raised enough over just the past week or so to get up and running --- rebroadcasting some of VOA's programming (which is all public domain) --- into Europe via shortwave transmission from Florida station, WRMI Radio Miami International.

They both join us today to explain, among other things: How this effort came together in just over a week's time; how they hope to expand from English-language programming to broadcasts in both Ukrainian and Russian; why they believe VOA (actually, USAGM) has yet to take this step themselves; and how a very small amount of money can go a very long way in this project, as they seek additional broadcasters to help transmit shortwave programming from both the U.S. and Europe.

Does anyone in Russia still even have access to the equipment needed to listen to the broadcasts? "Well, nowadays for sure, fewer people will be listening to shortwave and fewer people have shortwave radios," Elliott explains. "But, when the Internet is cut, squeezed, blocked, and at some point maybe even with lines into the country cut off, radio will be the only way to get in to the country. And then, the people in those countries will have to try to find their old Soviet-era shortwave radios." He believes "that audience can pass the information on to the larger audience in those countries."

Will Russian audiences have any more confidence that what they are hearing from Western state-run outlets like VOA is any more reliable than what their own state-approved outlets are telling them? "VOA and RFE (Radio Free Europe) have a government-imposed, in-the-code-written-by-Congress, can't-get-around-it mandate to be fair," Neiswender argues. She's referring to USAGM's Charter, adopted during the Ford Administration, which one VOA journalist has explained to me, means that, "We're probably the only news organization in the world that is mandated to be fair, objective and unbiased."

Whether VOA and RFE's reports are perceived as such by listeners inside of Russia and Ukraine is another matter, but their broadcasts did serve as an information lifeline to many behind the old Iron Curtain for many decades of the Cold War.

For now, the effort is already working. Elliott, who spent more than 30 years as a broadcaster and audience analyst at VOA tells us that "the signal is getting through to a very large extent, and sometimes with really good reception quality. Direct feedback from the audience, that will take some days and weeks as the word gets around that these transmissions are available. Already, WRMI received a note from a diplomat in Egypt who heard the Russian transmission. It is getting through."

Neiswender says that the project's success is only a matter of raising funds to keep going and expand their reach. The effort is crowdsourced with a fund raiser at Fundrazr.com/RadioWaves. A very small amount of money goes a long way here, she insists. They are already up and broadcasting after raising just over $6,000.

All of the money, "goes directly to the stations. No one is getting a dime from this that is organizing it or running it. Every cent of the money that is coming in is going directly back out to fund these transmissions," she notes.

It's a fascinating conversation about a fascinating project that I believe is well worth your time today, even as these are very strange days indeed.

Finally, we close with one more fascinating story, and a song. The story comes, ironically enough, courtesy of Fox "News", regarding Marina Baronova, the now-former Managing Editor of Russia's state-owned media outlet Russia Today (RT). She resigned her post last week in protest of Putin's invasion of Ukraine. She now fears for her life, though not necessarily for the reasons you may assume. And her interview with Fox concludes with this message: "Russians love their children, too."

As it happens, Grammy-winner Sting, last weekend, posted an Instagram video singing his 1985 tune called "Russians" which, he says, he has rarely sung since the end of the Cold War. Now, as you'll hear, it has new relevance. Apparently even for Baronova...

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Today on The BradCast, we tackle another small, totally easy to solve issue: Untangling the worldwide supply chain debacle. [Audio link to full show follows this summary.]

But, before that, at least a few stories seem to be resolving themselves today...

• Nine families of victims of the 2012 Sandy Hook Elementary School massacre settled their lawsuit with Remington, the manufacturer and marketer of the semi-automatic rifle used to kill their family members, for $73 million. The deal is noteworthy because federal law bans such suits against the gun industry, but Connecticut law does not. In this case, the U.S. Supreme Court rejected Remington's attempt to block the suit based on the protections in federal law.

• Prince Andrew settled a lawsuit filed against him by a woman who says she was 17-years old when she was sexually abused by Andrew, as coerced by the late financier and child sex trafficker Jeffrey Epstein. The settlement includes an undisclosed donation to the charity of the victim, Virginia Giuffre, and an acknowledgement by Andrew that she has suffered abuse as a victim It is unknown if Giuffre will personally receive any money as part of the agreement.

• Both a jury and a judge helped settle former Alaska Governor Sarah Palin's defamation lawsuit against the New York Times by rejecting it in no uncertain terms. On Tuesday, the jury in the civil trial brought by Palin found the Times' editorial board not guilty of libeling the former GOP Vice Presidential nominee. The paper had erroneously cited a "clear link" between a map published by a Palin campaign websites featuring a gun site on certain Congressional districts --- including then Democratic Rep. Gabby Giffords' --- and the 2013 mass shooting in Tuscon that killed six people and critically injured the Congresswoman. The jury's rejection of Palin's suit came the day after the judge, as the jury was still deliberating, declared that he planned to dismiss the case anyway after finding that Palin failed to prove the paper acted maliciously against her. For its part, the Times described the verdict as "reaffirmation of a fundamental tenet of American law: public figures should not be permitted to use libel suits to punish or intimidate news organizations that make, acknowledge and swiftly correct unintentional errors."

• And, in the weeks-long Russian/Ukraine military stand-off, there was a long-awaited easing of tensions as President Putin announced that Russia was ready for talks with the U.S. and NATO on a number of issues and that some Russian forces on the border with Ukraine would be withdrawing. President Biden, however, in remarks this afternoon at the White House, said the U.S. had "not yet verified" any troop withdraws and that a Russian invasion of Ukraine remained a possibility. The White House noted, however, that the U.S. remains opens to high-level diplomacy in hopes of avoiding military conflict in Europe.

On that news, Wall Street rallied after weeks of saber-rattling had weighed down the market and helped send oil and gas prices through the roof, serving as another reminder today of just one more way that our vulnerable supply chain can wreak havoc on an otherwise booming economy.

As it turns out, The American Prospect recently devoted an entire Special Issue for February to a very related topic: "The Supply Chain Debacle: How bad policy—outsourcing, financialization, monopolization, deregulation, and just-in-time logistics—broke our supply chains, raised costs and caused shortages."

We're joined today by The Prospect's Executive Editor and author David Dayen to help us untangle the mess that has been made over the past 40 or 50 years, under both political parties in this rare case, of a supply chain that has exposed its vulnerabilities with the onset of the COVID pandemic two years ago. But since then, it has continued to reveal its ill-designed brittleness and the very serious threat it poses to America's economic security.

Dayen walks us through how his Special Issue delves into the broad failures of the supply chain, largely put in place over the years by the Wall Street "free market" to maximize corporate profit at the expense of American jobs and national security...in exchange for cheap prices on goods! As Dayen details, the problems here are not one single failure across the chain, but as he breaks down, "multiple 'single points of failure'" across industry after industry all along the broken chain.

"We designed a system over the course of decades --- both parties --- that had lean inventories, that relied on offshore production, that relied on this concept of globalization," he explains. "That allowed the production facilities to become very concentrated. That allowed the spokes within the system to become concentrated. That deregulated everything to try to lower prices on shipping and transportation. And that allowed Wall Street to take the primary role in governing these efforts --- in other words, telling corporations 'Yes, you have to move your production offshore for cheap labor', and 'We have to deregulate these industries so that costs stay low,' and 'You have to have just-in-time production so that you don't have any inventory sitting around just wasting money, and we're spending too much money on warehouses.'"

With this precarious, profit-driven system in place, Dayen steps through The Prospect's full team coverage of how a virus breaking out in a manufacturing hub in China can shut down the entire system. Any sudden increase in a demand for goods --- say, during a pandemic --- ends up tying the giant, oligopolized over-seas container shipping system into knots and stranding massive cargo ships at sea while there is no room left for off-loading at U.S. ports. Once finally off-loaded, sometimes after months waiting in line off-shore, a U.S. rail system run by just a couple of companies and a trucking system that doesn't pay workers nearly enough for their efforts further bottlenecks the process. Then there's the vast lack of warehouse space for all those goods if they can ever get to where they need to be. All the while, these disruptions and failures work to the benefit of the largest distributors --- like Amazon and Walmart --- while cutting the knees out from under independent retailers and raising prices for everyone. So much for those low prices that consumers, at least, were supposed to get out of the deal.

But, as Dayen also explains, it doesn't take a pandemic. A cross-border bridge protest in Canada, saber-rattling in Eastern Europe or the Middle East and, perhaps even more crippling to the supply chain over the past year than anything else, climate change related disasters which promise to only get much more frequent and severe in the years ahead.

"The problem is the supply chain is run on these knife-edge principles that make it impossible for it to adjust to a shift up in demand. That is the entire problem," he argues. "So people who go on and say, 'No, this isn't a problem, it's just this shift. Everything will be fine.' They're missing the point. The point is that this lack of adjustment reflects problems with how the system is engineered."

And, yes, Dayen has advice on how to re-engineer the entire system. The good news, he also explains, is that both corporations and members of Congress --- from BOTH parties --- seem to finally be getting it. They are looking at and passing bills that encourage (and spend money on) the regionalization and onshoring of manufacturing back here in the U.S., and the Biden administration is investing heavily --- when Congress allows them --- into a number of long-overdue fixes.

It may all sound dry on paper, but it's actually a fascinating and very lively conversation on today's program that I hope you'll tune in for.

Finally --- and including a few related points --- Desi Doyen joins us for our latest Green News Report, on the crippling Western U.S. megadrought; the Biden Administration's roll-out of a national EV charging network; the spike in oil prices amid tensions in Russia-Ukraine; and the Super Bowl blitz by U.S. carmakers launching long overdue electric vehicle production lines...

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Today on The BradCast, important, helpful advice for progressives in California's Gubernatorial recall, and we win a first court victory against Georgia's new anti-voting and anti-press freedoms law! [Audio link to full show is posted below this summary.]

But first, Desi Doyen joins us for the latest on the record-smashing deluges in both Tennessee, where at least 22 are dead following 17 inches of rain in less than 24 hours, an all-time record and triple what had been forecast --- and on the Northeastern Seaboard where Hurricane (turned Tropical Storm, Turned Tropical Depression) Henri is wreaking absolute havoc. All just the latest examples of our worsening climate change emergency, as Desi explains.

Next, we had a court victory in Georgia on Friday! The first one, in fact, to knock down a provision of the state Republicans' abhorrent anti-voting bill, SB 202. And, I'm proud to say, it happens to be one of the provisions on which I am the named plaintiff representing the media. The lawsuit, filed by the Coalition for Good Governance (CGG), is one of eight suits currently challenging various provisions of the law. CGG's suit, among other things, challenges a number of anti-First Amendment press freedoms jammed into the statute, along with the voter suppression stuff and the provisions which allow the state to take over county boards of elections and subvert election results.

The specific provision struck down by the federal court [PDF] on Friday, criminalized all photography of voter ballots by the public and/or media. Given the state's new, huge touchscreen voting systems, it's now almost impossible to not see a voter's ballot when media or the public attempt to observe voting inside of Peach State precincts. Unfortunately, in addition to striking that one down, the judge allowed several other provisions in this early challenge to stand, though CGG Director (and frequent BradCast guest) Marilyn Marks told me over the weekend there will be much more to come in this case, as they are deciding whether to pursue reconsideration and/or appeal of several parts of the judge's early ruling. While a small victory, for now, it also establishes that the Coalition has standing to sue in this case and that, too, is encouraging good news.

Next, it's on to the ongoing, idiotic --- but deadly serious --- California Gubernatorial recall, in which Republicans, unable to win regular elections, are hoping to unseat popular progressive Democratic Gov. Gavin Newsom, who is otherwise up for reelection next year anyway. Vote-by-Mail ballots have been sent to all registered state voters (at the cost of hundreds of millions of dollars, thanks to those "conservative" Republicans), but, curiously, while Newsom and the Democrats are calling on voters to vote NO on the ballot's first question ("Should Newsom be recall and removed from office?"), they are calling on voters to leave the second question ("Who should replace him, if he loses on Question 1?") completely empty! "Vote No and go!," Newsom and state Dems have recommended.

As our guest today, ERNEST A. CANNING, a longtime progressive Democrat, both writes at The BRAD BLOG and explains on today's show, that strategy may be extraordinarily ill-considered and could backfire on Dems. Instead, after culling through the records (or lack thereof) of every non-Republican, non-Libertarian candidate on question two of the recall ballot (there are 46 candidates in total), Canning, in his "One Progressive's Guide to the CA Recall," explains why he believes the best strategy for progressives is to vote for the Green Party's Dan Kapelovitz on question two.

Both of the leading party candidates (far-right talk radio host Larry Elder for the Republicans and 29-year old real estate mogul and YouTube sensation Kevin Paffrath for the Dems), among other things, oppose Newsom's common-sense, life-saving mask and vaccine mandates and vow to lift them if elected.

Kapelovitz, on the other hand, a criminal defense attorney, both supports the Governor's science-based mandates that have been so successful in the state, and opposes the recall of Newsom itself on question one. He says he's running to stave off a worst-case scenario, according to Canning, should the currently "dead heat" first question result in the unthinkable removal of the Governor.

We also discuss the questionable Constitutionality of CA's more than 100-year old recall process (built into the state constitution by an anti-corporate Republican-turned-Progressive Party Governor in 1911) which could allow a new Governor to be elected to the nation's most populous state with far fewer votes than the current Governor actually receives to stay in office on the very same ballot. And, there's also the troubling matter that this election could have serious national ramifications. California's 88-year old U.S. Senator Dianne Feinstein may need to be replaced at some point before her current term ends in 2024. If a Republican, like Elder, becomes Governor and appoints a fellow Republican to her seat, control of the U.S. Senate would immediately revert to Mitch McConnell and the GOP.

So, yes, this CA Recall, as dumb as it is, matters. And it's important for progressive voters to pay attention, fill out a hand-marked paper ballot, and hopefully deliver it in person to a polling location or a drop-box by September 14th.

Finally, speaking of rightwing talk radio hosts, we've been reporting on a number of them who used our public airwaves to spread disinformation about COVID deniers and its vaccines, before finding themselves hospitalized or killed by the disease in recent weeks. One of them we've covered since his hospitalization in mid-July is Nashville's popular, nationally-syndicated Phil Valentine. After spending months mocking the seriousness of the virus and making fun of the life-saving vaccines, Valentine was announced dead over the weekend, after weeks on a ventilator, on what was reportedly his 62nd birthday...

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Among the many sad legacies of the awful Donald Trump years, is how angry everyone has become in its wake. For always-angry Trumpers, ticking off "the libs" is a feature, not a bug. For progressives, however, while there is much to be justifiably angry about, we are wise to hold our outrage for points that actually matter...and happen to be true. We've got plenty of both on today's BradCast. [Audio link to full show is posted at end of this summary.]

First up, shortly before airtime today, the Dept. of Justice arrested and charged Trump's longtime friend, advisor and top fund-riser, Tom Barrack, who chaired the disgraced former President's corrupt Inaugural Committee in 2017. Barrack was charged on seven federal counts, including using his access to Trump to lobby for the United Arab Emirates and lying about it to federal agents. As an unregistered agent for the UAE, Barack allegedly lobbied both the Trump Campaign and Administration on their behalf, joining a growing list of Trump friends, officials and associates found to have unlawfully lobbied the so-called "America First" Administration on behalf of foreign nations like Turkey, Ukraine and the UAE, before lying about it to the FBI.

In other news out of Joe Biden's Dept. of Justice, Attorney General Merrick Garland, on Monday, issued a new policy prohibiting federal prosecutors from seizing phone, text and email records from journalists, with a few reasonable exceptions. While the Obama Administration did some of that, the Trump Administration took it to new heights, secretly spying on reporters at Washington Post, New York Times and CNN --- as well as Democratic members of Congress, their aides and even their family members --- all considered (by Trump) to be his political enemies. Freedom of Press advocates applauded Garland's "historic" Monday memo [PDF], as the A.G. also called for federal legislation to buttress the new DoJ policy.

That rather important story was somewhat overshadowed on Monday, however, by outrage from the progressive Left over a misreported story about the DoJ's failure to file charges against Trump's Commerce Secretary Wilbur Ross who, the agency's Inspector General found, lied twice to Congress about his roll in unsuccessfully attempting to add a question on immigration status to the 2020 U.S. Census. After the IG's investigation, which began in 2019, the office referred the matter to the DoJ for criminal prosecution.

Progressives were up in arms yesterday after it was inaccurately reported by several legit outlets, including Government Executive and AP, that Biden's DoJ, under the direction of A.G. Garland, had declined to prosecute Ross. However, as both outlets later acknowledged with corrections to their stories, it was actually the Trump DoJ which refused to prosecute Ross. He was at least the fifth Trump Cabinet member to have been referred for criminal prosecution to Trump's corrupt DoJ. (The others include his Interior Dept. chief Ryan Zinke, his HHS Secretary Alex Azar, Trump's second Secretary of Veteran's Affairs Robert Wilkie and his Transportation Secretary Elaine Chao, who happens to be Mitch McConnell's wife. They all skated.) Whether Biden's A.G. can or will revive those recommendations to bring charges is a separate matter --- and there is plenty of other stuff to be disappointed and/or outraged about regarding some of Garland's seemingly inscrutable decisions since taking the helm at the Department --- but the outrage on Monday from progressives over the declination to charge Ross appears to have been both premature and misdirected.

Next, speaking of fact-checking and going off half-cocked (or, in Trump's case, fully-cocked), late last week, Doug Logan, CEO of Cyber Ninjas, the rightwing, conspiracy-promoting company contracted by the Arizona state Republican Senate to carry out a post-election "forensic audit" of Maricopa County (Phoenix)'s 2.1 million ballots cast last year, offered public testimony on the progress of his three-month (and continuing) efforts to date.

Logan's remarks vividly demonstrated the dangers of hiring someone who knows absolutely nothing about elections or voting systems (or audits, for that matter) to carry out, in secret, what should have been a fully public exercise. It has been referred to as a "fraudit" and clown show by critics, including both Republican and Democratic state and county officials.

The former President offered three statements on Logan's remarks over the ensuing two days, the most detailed of which charged, falsely, that Logan's testimony "showed 168,000 fraudulent ballots printed on illegal paper (unofficial ballots), 74,000 mail in ballots received that were never mailed (magically appearing ballots), 11,000 voters were added to the voter rolls AFTER the election and still voted, all the access logs to the machines were wiped, and the election server was hacked during the election."

You'll be shocked to learn that absolutely NONE of Trump's claims are actually true.

Over the weekend, AP, CNN and others published lengthy fact-checks responding to the false claims by Logan and the wildly inaccurate nonsense from Trump. Today, we walk through some of false claims, detailing how both Trump and Logan got pretty much everything completely wrong, in the state where Joe Biden was certified by the Republican Governor to have defeated Trump by more than 10,400 votes last November. To date, there has been zero legitimate evidence to suggest otherwise in AZ or any of the other several states that flipped in 2020 from Republican to Democratic after four hellish years of the failed Trump Presidency.

Finally, Desi Doyen joins us for our latest Green News Report, with news on last week's catastrophic flooding in Germany and Central Europe, wildfires continuing to explode in the parched U.S. West, and disturbing news regarding both the Amazon rainforest and the near future of high-tide flooding...

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On today's BradCast: With virtually every new voter suppression law adopted by Republicans at the state level since last November's election (there have been about 24 such laws adopted so far, in some 14 states), Democrats and voting rights advocates have been quickly filing lawsuits in opposition. One of those suits --- filed in federal court [PDF] against Georgia's SB202, the one in which I am named as a Plaintiff --- is to have its first major hearing next week. That, as Democrats in the U.S. Senate frantically scramble to get the last Democratic holdout (Joe Manchin) to come on board for federal legislation to counter at least some of the most restrictive elements of the tidal wave of new GOP anti-voting laws at the state level. [Audio link to full show is posted below.]

While the Jim Crow-style voter suppression of the new restrictions being adopted in Republican-controlled states of late have received a fair amount of attention, the provisions in those measures that would allow GOP state legislatures to take over elections --- and even overturn legitimate results --- have received less attention. Over the weekend, the New York Times highlighted, for example, how in "Georgia, members of at least 10 county election boards...At least five are people of color and most are Democrats" have been removed from their posts in recent weeks, "and they will most likely all be replaced by Republicans."

Georgia is not the only state where this is happening. Similar provisions, targeting election officials and even election results, have also been adopted or introduced in states like Kansas, Arkansas and the critical swing state of Florida. But in Georgia, they go even further to target and/or threaten the media itself for simply reporting on elections!

That's where I come in. I am the named plaintiff representing journalists in the Coalition for Good Governance (CGG) lawsuit challenging Georgia's SB202 in federal court. An emergency Motion for Preliminary Injunction [PDF] has now been filed in regard to the media-related aspects of CGG's complaint, in light of the state's impending local election runoffs scheduled for July 13th.

I'm joined once again today by longtime Election Integrity champion MARILYN MARKS, Executive Director of CGG, to discuss why the Press Freedom aspects of her group's broad challenge to the GA law --- far broader than some of the other challenges focused more on the voter suppression aspects only, as filed by the NAACP, the Democratic Party, and Stacey Abrams' Fair Fight, etc. --- have been bumped to a top priority with her filing of an expedited Motion for Preliminary Injunction.

Among the little-reported-on Press Freedoms at stake in SB202, the new law includes a Gag Rule which criminalizes the public, party-appointed monitors and the press’ reporting of absentee mail ballot processing or tabulation problems; A ban on the press Estimating (yes, estimating!) the number of absentee ballots that have been processed during an election tabulation or how many are still to be processed; SB202 even criminalizes photographing voted ballots or the 100% unverifiable touchscreen Ballot Marking Device (BMD) voting systems that voters are now forced to use at all Georgia polling places, despite the state's century-long history of routine press photography and videography of election activities inside of polling places on Election Day. (Yes, the photo used above for today's show logo, or even seeing those voters voting, can now result in felony charges in GA!)

All of these, as Marks and I discuss, are extraordinary restrictions on basic Press Freedoms, and our ability --- my ability in this case, as the named plaintiff, representing media --- to report what is going on during Georgia elections to the public. The law actually turns simply seeing one of the state's huge new touchscreen voting systems, while it's being used on Election Day, into a felony. That would apply not only to media inside a polling place, but also to poll workers, poll watchers and even voters simply waiting in line to vote.

"We are asking the court to address some of these issues before that runoff election [on July 13] happens. We are going to ask the judge to rule in favor of the press," says Marks, hoping that some other media outlets may even submit their own Amicus Briefs to the court in support of CGG's lawsuit. "Other members of the press are quite concerned about the fact that traditional photography, that they have been taking for decades, is not going to be permitted in the mail ballot processing locations," she tells me.

"It is mind-blowing," she continues. "I wouldn't be able to tell you [if I saw something wrong while serving as an observer]. All of a sudden, your reporting is going to be silenced. You would not even know that I had anything to tell you. You would just assume that, unlike in times past, that everything is going fine in Georgia."

Marks also breaks a bit of news by explaining that the Republican National Committee has now moved to intercede in this case to help defend GA Sec. of State Brad Raffensperger's position on the bill. Marks says Raffensperger "essentially insisted on these provisions. Although some of the media consider him to be some kind of a saint [because he declined to overturn the November 2020 election amid entreaties from Donald Trump to do so], this is his bill. His attorneys drafted it. He's the one that wants to crack down on any criticism coming from people like you and me, CNN, New York Times, or any other place."

"The RNC has asked to intervene in our case to protect the Secretary of State. However, interestingly, they have said they are not going to oppose us on the Observation Felony, the Gag Rule, the Estimating Ban, the Photography Ban --- so even the Republicans are not going to try to defend four of these five things that we're going after" in the Motion. A hearing is now set on that Motion for Thursday, July 1.

In addition to CGG's lawsuit challenging SB202, the group has another, separate, longstanding challenge to the state's use of 100% unverifiable touchscreen voting systems. That suit was successful in convincing the federal judge hearing it to ban GA's 20-year old Diebold touchscreen systems before last year's elections. Unfortunately, Raffensperger immediately replaced them with new touchscreen Ballot Marking Devices made by Dominion Voting Systems, which Marks describes as as bad or worse than the previous systems. That case has just now entered its discovery phase and Marks is confident that the same federal judge is quite concerned that the new systems are as insecure, unverifiable --- and, thus, as unconstitutional --- as the old ones she previously banned. A ruling in that case could affect the use of such machines in dozens of states and counties around the country, including states like Pennsylvania, North Carolina, South Carolina, Ohio, Texas and even here in Los Angeles County, where voters are now forced to vote on unverifiable touchscreen systems at polling places.

Lastly, Marks describes the exciting forum scheduled for tomorrow (Tuesday, June 22), co-sponsored by CGG and another one of our favorite non-partisan good-government watchdog groups, Free Speech for People (FSFP), on the dangers of Ballot Marking Device (BMDs) as used in Georgia and many of those other jurisdictions mentioned above. The forum, called "Today's Electronic Voting Machines: An Examination of the Use and Security of Ballot Marking Devices" is scheduled live and online from Noon to 5pm ET on Tuesday. It features a huge number of guests that have been featured over the years on 'The BradCast', including FSFP's Susan Greenhaulgh; Georgia Tech cybersecurity expert Rich DeMillo; notorious University of Michigan white-hat hacker, J. Alex Halderman; Research expert Kevin Skoglund; UC Berkley's Philip Stark, inventor of the post-election Risk Limiting Audit protocol; the legendary Finish cyberseucrity and voting systems expert Harri Hursti, and many others.

Much more info and the schedule is available here. You can RSVP to participate in the event right here.

Finally, Democrats are teeing up a test vote on Tuesday in the U.S. Senate for their sweeping election and campaign finance reform bill, the For the People Act, now that West Virginia Democrat Joe Manchin has suggested he may be willing to support a compromise version with the 49 other Senate Democrats who have all already signed on to the original bill as co-sponsors. White House Press Secretary Jen Psaki was asked today about President Biden's expectations for that bill and its test vote today, and on the need to reform the filibuster even if Manchin deigns to come aboard. If he does, he would also have to be willing to make changes to the filibuster rule that mandates 60 Senators support such measures, in order to see passage, since no Republicans are expected to support it. But he is not the only Democrat who has opposed long-overdue changes to the filibuster. Arizona's Kyrsten Sinema has also vowed to protect the anti-democratic, Jim Crow-era Senate rule. And now she is being targeted with a huge ad buy for that position, to ratchet up the pressure, by a group of progressives who are running spots in her home state on cable news, as well as during local news and sports programming.

Yes, the fight to save American democracy continues on today's BradCast...because it seems kind of important...

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Writing at Washington Monthly today, asking "Why Is Merrick Garland Defending Bill Barr's Policies?," law professor and Free Speech for People (FSFP) Board Member Jennifer Taub quips: "This is Merrick Garland's Tylenol moment, and by which I mean he has more than a headache but a poisoning on his hands." Yup. Today's BradCast won't cure his headache, but it may offer an antidote for the poisoning...if he pays attention. [Audio link to full show follows below.]

The new Attorney General spoke at the Dept. of Justice on Tuesday about his national strategy to focus on the rise of domestic terrorism, particularly carried out by white supremacists in the wake of the Trump-incited January 6th attack on the U.S. Capitol. Garland described such incidents as "attacks on all of us collectively, aimed at rending the fabric of our democratic society and driving us apart," adding: "We have an enormous task ahead, to move forward as a country, to punish the perpetrators, to do everything possible to prevent similar attacks and to do so in a manner that affirms the values on which our justice system is founded and upon which democracy depends."

Garland's remarks follow on his announcement Friday that he is doubling the number of DoJ attorneys focused on enforcing voting rights at the federal level in light of new vote suppression laws being adopted by Republicans in states around the country.

So, he seems to understand at least two major threats to the values "on which our justice system is founded and upon which democracy depends." But is he really prepared to punish all of the perpetrators?

Every day now it seems that stunning new information is revealed as to just how poisoned our Dept. of Justice had become under the Trump Administration, as the former President used the nation's once widely respected law enforcement agency for his own personal purposes, to protect himself from legal accountability (as in former AG Bill Barr's use of the department to block Trump from criminal accountability for obstruction following Special Counsel Robert Mueller's findings and from civil accountability in the defamation case filed by Trump's alleged rape victim, E. Jean Carroll, both of which Taub writes about today); to wield power against his perceived political enemies (as we learned last week, when it was revealed that the DoJ secretly obtained phone, email and text message records from Democratic lawmakers and several media outlets in 2018); and, in futile efforts to keep himself in power (as we learned today, based on emails obtained by the House Oversight Committee revealing Trump tried to order the DoJ to file briefs in the U.S. Supreme Court in support of his evidence-free big lie that the 2020 election was stolen from him).

As more and more emerges, it's difficult to keep up with it all. But, sadly, what we know so far is likely only the tip of the iceberg. That's why, back in February, a group of non-partisan government watchdog groups penned a letter [PDF] to then Judge Merrick Garland, prior to his confirmation as AG, calling on him to form a task force at the DoJ immediately after being confirmed, "to investigate any potential federal criminal or civil violations that may have been committed by former President Trump, members of his administration, or his campaign, business, or other associates."

The letter, which has now been signed onto by more than 200,000 Americans, according to FSFP, asks Garland to convene the task force to probe Trump's "flurry of unethical, unconstitutional, and often criminal activity, culminating on January 6, 2021, with the seditious insurrection on the United States Capitol incited and encouraged by former President Trump and his allies."

"If we are to begin the process of restoring the integrity of the Department of Justice and the rule of law to our nation," the groups write --- before detailing at least five different categories of "potential offenses" by the previous administration --- "it is essential that the Department thoroughly investigate these actions and, where warranted and appropriate, hold accountable those who have violated the nation's laws."

That DoJ task force, however, has yet to be formed. And Garland, according to our guest today, Constitutional attorney and longtime voting rights champion JOHN BONIFAZ, co-founder and President of FSFP, has yet to reply to the February letter.

On today's show, Bonifaz explains why "it's critical" that this task force be stood up, and why such a group of prosecutors need to be convened in this matter, rather than an independent commission formed by Congress, a blue ribbon panel formed by the White House or even another Special Counsel investigation launched by DoJ.

While he supports Congressional oversight in general, he explains: "The reason why we believe a task force is the best way to go over a Special Counsel is we do think this should not be assigned outside of the Department to someone who then is seen, as Robert Mueller was, as the sole arbiter of this." While disagreeing, as many scholars do, with the notion that a sitting President cannot be criminally indicted, Bonifaz explains that Mueller's report "was very clear that once the President was out of office, he would be free to be prosecuted for those crimes."

"That's just one example of many as to why this task force needs to be created," he tells me. "There are multiple investigations that need to proceed, and potentially multiple prosecutions. It would be an outrage for this Administration to claim that it's going to turn the page, it's not going to conduct that kind of accountability for those that have engaged in such lawless behavior in the last Administration. That's what happens on the road to tyranny. If we're to protect our democracy and our Constitution, it's critical that we hold Donald Trump and his associates accountable for the violations of federal criminal law they may have committed."

We discuss a number of the already known issues currently crying out for real probes by federal prosecutors if the DoJ is ever to be restored; concerns about Trump associates still burrowed in at Justice; the many investigations known to have been shut down by Barr which should quickly be re-opened; and the question of "why is the Biden Justice Department continuing the work of the Barr Justice Department" when it comes to attacks on press freedoms via only-recently lifted gag orders on secret subpoenas of reporters' private records and "the intervention that the Barr Justice Department started in the E. Jean Carroll case --- both of these decisions were clearly made with Garland's knowledge."

I also ask Bonifaz for his opinion on whether he believes Garland is actually up to the gargantuan task of dealing with the ongoing and increasing problems that DoJ must now handle regarding all sorts of criminal and civil matters, even while bringing both accountability for the unprecedented corruption of the previous Administration and the necessary reforms at DoJ to avoid the same or worse abuse of the nation's top law enforcement agency in the future.

"I think this is a moment for the Department of Justice, but also for democracy and our Constitution. And they need to get it right," he explains.

In a separate matter, FSFP --- which was founded in the wake of the Supreme Court's 2010 'Citizens United' ruling that opened the floodgates to corporate money in American elections --- is now working at the state level to enact model legislation that would bar corporations with foreign investors (which is a whole lot of them!) from being allowed to spend money in state and municipal elections.

Finally, we're joined by Desi Doyen, as new temperature records are being smashed during the year's first major (and very early) heat wave, for our latest Green News Report. Beyond the bad news about climate change, we've got some very good news to close with today, particularly for folks up in Alaska...

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As AP reports today, a new lawsuit "against [Georgia's] secretary of state and the members of the State Election Board was filed in federal court in Atlanta by county election board members, individual voters, election volunteers, nonprofit organizations and a journalist." As broken on today's BradCast, that journalist is me. [Audio link to full show is posted below this summary.]

I am one of the several named plaintiffs in the 200-page suit [PDF] filed in U.S. District Court on Monday seeking to block a number of outrageous and dangerous provisions in the state GOP's new voter-suppression bill. While the measure, SB202 [PDF], adopted by GA Republicans, does a lot of terrible stuff, some of which is well known by now (making it harder to vote by mail, banning absentee drop boxes, blocking the distribution of food or water on long voting lines), much of which will disproportionately suppress minority voters, there are a number of other provisions which are simply jaw-dropping, but have not yet been challenged in the several suits previously filed against the law by a number of civil rights and voting rights groups.

My part in the suit, filed today by the non-partisan, non-profit, indispensable Coalition for Good Governance, revolves around press freedoms which are outrageously and unconstitutionally trampled by SB202. In fact, as discussed on the show today with the Coalition's Executive Director, MARILYN MARKS, no small amount of the detailed reporting we have done here over the years focused on Georgia has now been criminalized by the new statute!

As detailed in the complaint (see the section on "Plaintiff FRIEDMAN" beginning on p. 101), it is now unlawful to report on "mail balloting discrepancies or security concerns that he or The BRAD BLOG or BradCast journalists may personally observe as members of the press"; "Plaintiff FRIEDMAN will be injured because the party appointed observers he has relied on to supply first-hand accounts...are are prohibited under penalty of misdemeanor from reporting their observations" on Georgia elections to me; As Marks explains, photographs that I or others may have taken in a polling place and used on the blog would be illegal; Observers from the media watching the tallying of absentee ballots will be committing a crime just by reporting on how many ballots they are "estimating" or "attempting to estimate" have been counted or are left to be tallied, according to the language of the hastily written SB2020 ("It's a thought crime!," Marks charges. "Literally, it says you cannot 'estimate' or 'attempt to estimate' anything about votes in the ballot processing room for mail ballots!"); Video interviews or photographs taken inside of counting rooms or in polling places in front Georgia's giant, new, unverifiable touchscreen voting systems could be evidence of a felony(!) under the new law, which poll workers, poll watchers, media observers and even voters could now be charged with under state law!

"On BRAD BLOG," Marks observes, "you frequently post a picture, many a picture of election activity, including people in the mail ballot rooms looking at hand-marked voted ballots. To take a picture of a ballot now is a misdemeanor." Yes, those posted photos would now be evidence of a crime. "You would not be permitted to take a picture of anonymous ballots. We see thousands of pictures, every election, of voted ballots being counted. But for some reason --- I guess we know what reason --- they are criminalizing it."

Yes, the photo used above, as taken from the complaint's numerous examples, of voters voting at Atlanta's State Farm Arena last year in Fulton County, could be used as evidence of a felony by the Reuters photo-journalist, Chris Aluka Berry, who took it.

As the suit notes, "Plaintiff FRIEDMAN is already injured by SB202 because the criminalization of constitutionally protected activity has a chilling effect on his exercise of First Amendment rights" and because "Plaintiff FRIEDMAN is threatened with injuries arising from SB202’s prior restraints on his First Amendment right of free speech and right of freedom of the press."

We have "reported on Georgia election integrity and election security hundreds of times over the last almost twenty years," the lawsuit accurately explains. Much of that coverage could now constitute a state crime under this horrible, unconstitutional law. "I have a feeling they will find any little tripwire they can about the two of us," Marks tells me. "If you were complimentary toward Georgia, I don't think you'd have any problems."

This BradCast, for example, from June of last year, featuring a Democratic Party post-election adjudication observer (and now co-plaintiff in this suit) Jeanne DuFort --- breaking the news of her discovery that GA's new Dominion tabulation computers were failing to count votes on tens of thousands of ballots --- would have been a crime in several ways, according to the state's new law.

There are other provisions in SB202 of concern as well --- beyond those being challenged in several of the voting rights lawsuits --- as Marks explains in the Coalition's press release today, from the law's "Takeover Provision" that permits bi-partisan County Elections Boards to be removed entirely and replaced by a single partisan, for virtually any reason (even minor infractions by a low-level worker up to four years ago!) to a few items we didn't have time cover on today's show, like the impossible new deadlines for requesting absentee ballots (in cases before a run-off election, the deadline to request such a ballot for it will now end before the original election is even certified to include a run-off!) and more.

As AP highlights in its report today, the suit argues: "Liberty requires at least three essential things — an unfettered right to vote, freedom of speech, and the meaningful separation of powers. This lawsuit is necessary to preserve individual constitutional rights, and constitutional government, against the attacks that SB202 makes on these three pillars of liberty."

Marks elucidates today on "Those three pillars of liberty: the right to vote, the right to free speech, and the right to separation of powers. What's happening here is the first one that they are violating is that separation of powers. That is a key one. Once they grab all of the powers, they close the doors. Yeah, they still have to deal with the pesky press and pesky watchers, but not anymore --- not if they criminalize your reports."

So, yeah. Even as its strange to become a part of a story I've been covering for so long, I am very proud to be a plaintiff in this lawsuit against SB202, which Georgia's Republican Governor and Sec. of State falsely claim "makes it easier to vote and harder to cheat". In truth, Marks told me off air after the show, the opposite is true. "It makes it harder to vote and easier to cheat," she said.

Also today, the GOP's packed and stolen U.S. Supreme Court announced it's taking up Mississippi's restriction on abortion rights that was blocked by a lower court. This is not good news for freedom lovers and those who oppose Big Government coming between a woman and her doctor; A former elected Florida official who is a buddy of Rep. Matt Gaetz has agreed to a federal plea deal that requires he tells federal prosecutors all that he knows about Gaetz' alleged sex trafficking of a minor; And in Gaza City over the weekend, Israel outrageously targeted and destroyed a 12-story high-rise building housing AP's office for the past 15 years. It's top floor cameras have been the eyes for the world, witnessing, as the news agency reported this weekend, "24-hour live shots as militants’ rockets arched toward Israel and Israeli airstrikes hammered the city and its surrounding area this week."

Those cameras will no longer be there to bear witness to the world. As AP's President noted in a statement describing the attack as "shocking and horrifying" on Saturday, "The world will know less about what is happening in Gaza because of what happened today."

And, in Georgia, if SB202 is allowed to stay in place, the world will know less about what is happening in the Peach State's elections because of it. As in Gaza, I suspect that is the point...

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On today's BradCast: A long-awaited ruling in the federal case challenging Georgia's new, unverifiable, already-failed $100+ million touchscreen vote systems --- which failed again on day one of early voting today in the Peach State. Also, my escape from "Twitter Jail" and the California GOP deploys fraudulent mail-in drop-boxes across the state. [Audio link to show follows below.]

We start today by avoiding, for now, the first day of the illegitimate confirmation hearings in the U.S. Senate for Supreme Court nominee Amy Coney Barrett. Instead, we offer some exclusive news that is not being reported elsewhere on two fronts, both related to Georgia's disastrous new voting system. First up, an explanation --- or, a conclusion for now --- to the saga that resulted in my 4 days suspension on Twitter beginning late last week, for the crime of posting a completely accurate tweet about two weeks ago, reporting that GA's Secretary of State informed elections officials in all 159 counties to immediately halt pre-election testing of their new touchscreen voting systems, due to an error that prevented candidates in one of Georgia's two U.S. Senate elections this year from appearing on screen for voters. The error, as I noted in my infamous (and accurate) tweet, would eventually require all new software for the November elections. In fact, as the federal ruling we discuss today reveals, the state installed all new, uncertified software on all 34,000 of the new voting machines just days ago, in violation of state law. You can read the full saga, with links to the federal court filings proving the accuracy of the tweet, and why I eventually relented and deleted it right here.

As Georgia began its first day of early voting on Monday, sure enough, the vote system I was warning about in that tweet failed, leading to six-hour lines to vote in some places. But the long-running federal court case whose emergency filings revealed the serious problem I was tweeting, finally came to a conclusion --- of sorts, at least for now --- late on Sunday night. That is when U.S. District Judge Amy Totenberg finally released her long-awaited ruling in the case which challenged the security, accuracy and constitutionality of the state's use of new, unverifiable touchscreen voting systems made by Dominion Voting Systems. The Plaintiffs called for them to be replaced by a cheaper, verifiable hand-marked paper ballots system.

Last year, Totenberg found the state's previous, 20-year old Diebold touchscreen systems to be unsecure, unverifiable and, thus, unconstitutional, ordering them banned for all future elections in the state. On Sunday night, in her long-awaited 147-page ruling [PDF] that begins by citing the plot to the movie Groundhog Day, Totenberg once again finds the state's new touchscreen Ballot Marking Device (BMD) "presents serious system security vulnerability and operational issues that may place Plaintiffs and other voters at risk of deprivation of their fundamental right to cast an effective vote that is accurately counted." The judge warned "these risks are neither hypothetical nor remote" and slams "the insularity" of the "stance" by the GA Sec. of State and the state's private vendor, Canadian-based Dominion Voting Systems, "in evaluation and management of the security and vulnerability of the BMD system [which] does not benefit the public or citizen's confident exercise of the franchise."

After detailing lies, inaccuracies and a lack of knowledge in the testimony of the state's "experts" in the case (no actual cybersecurity experts were presented by them, only employees of the vendors who admitted they had no actual cybsersecurity experience, nor did any penetration tests of the systems before certifying them for use in GA elections!), Judge Totenberg concludes: "The Plaintiffs’ national cybersecurity experts convincingly present evidence that this is not a question of 'might this actually ever happen?' – but 'when it will happen,' especially if further protective measures are not taken. Given the masking nature of malware and the current systems described here, if the State and Dominion simply stand by and say, 'we have never seen it,' the future does not bode well."

For now, that future includes the use of the systems that Totenberg clearly finds so dangerous because, as she explains, it might cause chaos for elections officials if she ordered the use of hand-marked paper ballots at the polling places this close to Election Day.

We're joined once again to discuss the case today by MARILYN MARKS of case plaintiff Coalition for Good Governance, which has been leading this long and important federal court battle now for several years. She has been joining us to discuss it at critical junctures, even while most of the broadcast media has studiously avoided covering it all. Marks offers her reaction to the judge's long-awaited ruling, describes her disappointment in the ultimate order from the judge (for now), while expressing confidence that these systems --- just like the state's previous ones --- will eventually be barred by this judge for use for the very same reasons that she ordered the state's old ones to finally be trashed.

"What we see here is these systems are put together in a slipshod fashion, without security being an important priority at all to these companies," Marks tells me. "These voting system vendors will say anything, and unfortunately many of our election officials who are purchasing these systems will repeat and parrot whatever those words are. You begin to wonder what is it that drives these elections officials, like Secretary [of State Brad] Raffensberger in Georgia, to buy the most expensive and least-auditable equipment."

Noting that unverifiable BMD systems similar to the ones now being forced on voters for the first time at the polls in other critical battlegrounds --- such as Philadelphia, the most Democratic-leaning county in North Carolina, all of South Carolina, as well as key counties in Texas and Ohio, not to mention the nation's most populous voting jurisdiction, Los Angeles County --- Marks decries the damage to democracy being done in all of those locations, while still being hopeful for the future.

"If there's good news in the judge's denial of relief for November, she did write a very solid yet scathing opinion, and explained in detail why these systems are not secure," she explains. "I'm hopeful that her opinion can spread across --- certainly Los Angeles, and all the counties that are using these systems in Pennsylvania and South Carolina, and even my home county of Mecklenberg, North Carolina --- and shake up some of these election officials. But maybe, most importantly, some of these candidates. That is such a shame that we don't have the parties and we don't have the candidates demanding a fair system."

Marks adds: "We're confident we'll win the case. We've proven our point. We've proven that they're unconstitutional. We've proven that they're insecure. We've proven that people shouldn't be permitted to vote on them. The only piece that's missing is, how long does it take? How long does it take for jurisdictions to be prepared to do something simple, like hand out hand-marked paper ballots? Given how important this election is, it is a real shame that we have to put up with these machines in November."

Finally, we close with the news that Republicans in California --- after Trump and his GOP have been suing to do away with mail-in drop-boxes all over the country --- are actually deploying fake ones up and down the Golden State, in apparent violation of the law, according to California's Secretary of State...

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Before we get to our otherwise previously-scheduled Special Coverage of Wednesday night's Vice Presidential debate, we open today's BradCast with the news that Twitter has suspended TheBradBlog's account for posting a 100% accurate tweet regarding Georgia's new touchscreen voting systems. [Audio link to full show is posted below summary.]

I laid out the entire, maddening story regarding the tweet in question in a BRAD BLOG item today, since I can't post at all right now on Twitter, while they review my "appeal" to their finding that a two week old, demonstrably accurate tweet is in violation of the service's "rules against posting misleading information about voting." As you can imagine, my tweet is well supported, as its based on email from the GA Sec. of State's office sent to all 159 counties regarding an error discovered in the state's new touchscreen voting systems used by every voter at every polling place in the state. The email I cite is from the SoS and was published in a federal court filing (also linked with the tweet!) as part of a long-running lawsuit challenging the use of those machines, which we've reported on here for years now. The lawsuit seeks hand-marked paper ballots for voters at the polling place instead. The full story of what happened with Twitter, including screenshots and links to the federal filing and SoS email is posted here.

Then its on to last night's refreshingly dull and normal(ish) Vice Presidential Debate from Salt Lake City, Utah between Vice President Mike Pence and Democratic Veep nominee Sen. Kamala Harris. We're joined today for analysis and commentary by award-winning opinion journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo, along with author and political scientist DAVID FARIS of Roosevelt University and The Week.

While the debate may have been dull --- save for the fly --- there was much revealed (and much evaded) and much to discuss about it in today's very lively show, including, near the end, whether there will be any more debates at all this year.

I'd say more about today's fun (and, at times, funny) show, but I've got to get back to fighting with Twitter now, apparently. Since I'm not allowed to post there for the time being --- unless I delete a completely accurate and newsworthy tweet --- please feel free to share today's show over there yourself! Thanks!

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[Ed Note 10/11/2020: After waiting more than 72 hours for a reply to my second "appeal" from Twitter, I've had no choice but to delete the accurate tweet in question, because, after a long weekend without access, simply need to get back on it. Much of my work happens via that social media service right now, unfortunately. See the final UPDATE at bottom of story for a full explanation of why I finally had to relent, and a few thoughts about what it portends moving forward. - BF]

Well, I woke up this morning to find that Twitter had restricted/suspended my account due to what they describe as my having violated the service's "rules against posting misleading information about voting" with a 100% accurate tweet from two weeks ago, which reported on a federal court filing...

Here's a screenshot of the (apparently-still-available?) tweet in question, which they claim to be in violation of their rules, along with the evidence from the federal court filing proving that it's completely accurate...

Sure, I admit today's BradCast is a bit breathless, but you try and keep up with all of this madness happening, breaking, changing and then changing again all at once while trying to make calm, cool, collected sense of it all for listeners in just under an hour! As usual, we do our best. Wish us luck. [Audio link to full breathless show is posted below the summary.]

Somewhere amid the mayhem of our latest program you will find coverage of...

• New charges brought today against the four Minneapolis police officers responsible for killing George Floyd last week. (BRAD BLOG's Ernie Canning foreshadowed as much in his report on the results of a new independent autopsy of Floyd earlier today.);

• Protests against Floyd's ghastly murder-by-cop continue around the country for a tenth day;

• Trump (as we predicted yesterday) begins to back away from his tough guy threats to send U.S. military troops to cities across the country to "dominate" peaceful American protesters;

• Trump's Secretary of Defense Mark Esper claims he didn't know where he was going when he joined Trump's pathetic photo-op with a bible iin his hands in front of St. John's Episcopal Church on Monday, after federal storm-troopers were ordered to clear out peaceful protesters and church staff with tear gas, rubber bullets and other violence to take the shot. Esper now says that he opposes using federal troops against Americans, even though he described American cities as "battle spaces" during a phone call with Governor's on Monday;

• A senior Pentagon adviser resigns, charging that Esper "violated" his oath to protect and defend the Constitution;

• Even Pat Robertson tosses Trump under the bus after all of this;

• U.S. troops deployed to D.C. from Fort Bragg in NC on Tuesday to quell protests are reportedly sent back to their bases...and then reported NOT being sent back to their bases just a few hours later, right before air time today';

• Some protesters managed to breach a temporary fence near the White House and cowardly Trump is reportedly scuttled back into his underground White House bunker by Secret Service;

• Also, Trump claims to now be pulling the August Republican National Convention out of Charlotte, North Carolina because the state's Governor won't let him create a shoulder-to-shoulder viral super-spreader event out of it. We'll see if President Bluffer keeps that threat (he usually backs away from most), and we'll see how it may harm his odds of winning the very closely divided Tar Heel State this November. He really needs it to go "red" again if he wants a chance at re-election;

• And, oh yeah, all of this as primary elections were held in about a dozen states and D.C. amid protests, curfews and a pandemic that continues and has, so far, killed more than 105,000 Americans in just the past 90 days.

  Unofficial results from Tuesday are slower than usual in coming in, due to the expansion of absentee voting in most states to help keep Americans safe during the pandemic. Lines to vote in-person were also much longer than usual in many places, due to the consolidation of polling places, also thanks to the coronavirus. That resulted in many forced to wait in very long lines, sometimes for hours after curfews around the country. But there was some noteworthy news in the few results we do have.

  Of course Joe Biden continues his march toward the required number of delegates to formally win the Democratic Presidential nomination. But, of more note on Tuesday...

  • Ferguson, Missouri --- where the killing of a young African-American man by a white cop sparked national protests six year ago --- elected Ella Jones as the city's first woman and first African-American Mayor!
  • Nine-term white supremacist Republican Congressman Steve King was defeated in the GOP primary in Iowa's 4th Congressional District by another rightwinger who will go on to face progressive Democrat J.D. Scholten (a guest on this show just a few weeks ago) in November.
  • Republican Congressman Greg Gianforte, who beat up a journalist (and tried to lie about it) the night before winning his first term in Congress three years ago, won the GOP nomination for Governor in Montana. He will now run against the state's Democratic Lt. Governor Mike Cooney to fill the seat being vacated by the popular term-limited Democratic Governor Steve Bullock in a state which Trump won by 20 points in 2016. That year, however, Bullock won his second term as Governor on the same ballot, and on Tuesday he secured the Democratic nomination to take on incumbent Republican Sen. Steve Daines, who could very well be in trouble this year.

  We're joined today by progressive Congressional campaign expert and advocate HOWIE KLEIN of the "Down With Tyranny" blog and the BlueAmericaPAC to discuss all of the above and much more, including a number of other progressive wins (some a surprise) and losses (not as surprising) on Tuesday.

  Klein also handicaps a few upcoming races and offers what he regards as some "exciting" contests next week in Georgia which, with West Virginia, will be holding their own primary elections on June 9th. If you can keep up with everything that happened on today's show, much less today overall, you win a prize. Other than that, color me breathless...again...

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On today's BradCast (with helicopters circling overhead here in Hollywood): Massive protests around the country continue today for an eighth day following last week's police killing of George Floyd in Minneapolis. The street protests continue to swell, no doubt, in response to the frequently brutal response by law enforcement officials in many major cities around the country toward the mostly peaceful demonstrations. But protests in the streets aren't the only much-needed response to years of violence instigated by law enforcement. [Audio link to full show is posted below.]

First up today, one response will be --- or, certainly should be --- at the voting booth this year. To that end, eight states and Washington D.C. are holding their Presidential primaries today. Congressional primaries and municipal elections are being held in a number of other states as well, many of them previously postponed due to the coronavirus. But the deadly pandemic continues, leading Republican Gov. Mike Parsons of Missouri --- where absentee voting is severely restricted --- to tell voters recently that if they don't feel safe to vote due to the pandemic, they just shouldn't bother. That, instead of working to expand absentee voting in the Show-Me State to make it safer for voters to exercise their right to participate in their own democracy. As a GOP-dominated state, however, making it easier to vote in MO may be the last thing Parsons wants.

Nonetheless, expanded absentee voting is now occurring in a number of states --- red, blue and battleground --- where problems have already emerged, including in Pennsylvania and in Idaho, as discussed on today's show.

We're hopeful that election officials see today's "practice run" primaries as a flashing red warning light to get their acts together before November 3rd. That will not be made any easier by intransigent Republican lawmakers in D.C. who are still refusing to appropriate the billions of dollars that elections officials say they need to upgrade systems for this year's elections amid a pandemic, or to bail out the U.S. Postal Service --- hard hit by the COVID crisis --- so they are able to handle the unprecedented mail-in voting we will see in this fall's critical general election.

In related news, the President of the United States, after reportedly spending time over the weekend locked away in a White House bunker due to fears of protests in front of the Presidential mansion, decided to play tough guy on Monday by unleashing federal troops with tear gas, rubber bullets, batons and shields on peaceful protesters in Lafayette Park, on the priest and several seminarians at St. John's Episcopal Church across the street, and on foreign journalists covering the American Dystopian nightmare live on television. D.C.'s Episcopal Bishop, as well as the Australian Ambassador, both had a word or two to say about it after a crew from the country's Seven Network was ">punched by federal storm-troopers as the journalists were covering the violent effort to clear out the park so that Trump could pose for a campaign photo-op holding a bible in front of the historic church.

And, in more related news, while Trump's questionably Constitutional threat on Monday to dispatch the U.S. military to quell protests in states around the country --- beyond his own front door, in any event --- is likely as hollow as most of his other strongman threats, the very real and systemic problem of brutal, racist policing policies continues in this country. To that end, calls to "Defund the Police" have grown in recent days, as seen in protest signs, from various non-governmental organizations around the country and in various media outlets.

We're joined today by longtime policing expert ALEX S. VITALE, Professor of Sociology at Brooklyn College and Coordinator of their Policing and Social Justice Project. Vitale, who penned an opinion piece for The Nation over the weekend headlined "The Only Solution Is to Defund the Police" explains how reforms instituted by the Obama Administration after outrage unleashed by the police murders of Michael Brown in Ferguson, MO and Eric Garner on Staten Island, NY six years ago have failed to bring much-needed institutional changes to police departments around the country. The Minneapolis Police Department, in fact, was once held up by some as a model of progressive change that, clearly, has not resulted in the hoped-for reform.

"Minneapolis was kind of a 'shining star' of this new approach to police reform," he tells me. "That comes out of the Obama Administration, the Department of Justice and a lot of academic think tanks. Their idea was if we can make the police more professional, less biased, more transparent, that this will help restore people's trust in policing. So they implement things like implicit bias training, mindfulness training, de-escalation training. They give police body cameras. They set up a lot of police-community encounter sessions. They try to identify a few problem officers, to give them supplemental training. These are the kinds of things that they hope will create a more modern, professional police force that hopefully will kill fewer unarmed black people."

None of that worked, however, he says. "The number of police killings has not been reduced over the last five or six years. The number of low-level misdemeanor arrests has not been reduced. The number of police in our schools has not been reduced. The war on drugs has not been reduced. So we haven't seen real changes in the impact of policing on those who are most heavily policed. And that's really the problem here."

Now, explains Vitale, author of the book The End of Policing, it is time to demilitarize and defund departments around the country after 40 years of expanded and intensified policing and the more recent failed reforms. "We have dozens of places across the country where people have organized campaigns to dial back police funding," he explains. "No one is out there saying tomorrow we can just flip a switch and there are no police. Most of these proposals are about rolling back increases in police spending over the last ten years."

He argues that many of the functions that cops are currently tasked with would be much better handled by social workers and community organizations, where funding should be shifted away from the police. He also details how this has been a long time bipartisan problem and that many of the "solutions" offered by politicians --- from tough guy "law and order" measures on the Right or more recent progressive initiatives to better train cops to handle sensitive racial situations and improve community policing efforts on the Left --- are more often "used by police leaders and political leaders to deflect and demobilize the protests against them."

Vitale explains how you can help join the movement, why its so important, and how it is literally the only chance we have left for change. Hopefully, this is just the beginning of a long-overdue conversation in our country. "My hope is that, as the immediacy of the protests subside, that people connect with these real movements to do the kind of sustained political organizing on the ground that can help change the view about policing, and develop a kind of new majoritarian politics that is more humane, and less centered on punishment and vengeance," he says.

Finally, Desi Doyen joins us for our latest Green News Report, as Trump's EPA proves they couldn't care less about "states' rights"; the U.N. is forced to delay a crucial climate summit due to the pandemic; there is more good news about the end of coal; and less good news about Zombie Fires! Yes, Zombie Fires!...

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