In what appears to be a momentary pause (of sorts) in the Indictment Watch this week for our disgraced former President, we take the opportunity on today's BradCast to make sure you're up to date with what our guest today describes as "the most important election of the year." [Audio link to full show follows below this summary.]

Before we get to that guest today, even with the momentary break from the likely criminal indictment for Donald Trump in New York, there was quite the extraordinary flurry of activity overnight (literally) in Special Counsel Jack Smith's federal grand jury investigation of the thousands of documents --- many highly classified --- that Trump stole from the White House upon leaving office.

Last week, D.C.'s Chief District Court judge Beryl Howell, in a sealed ruling, ordered Evan Corcoran, one of Trump's attorneys in the Mar-a-Lago stolen documents case, to give both documents (reportedly including transcripts of audio tapes!) and testimony to the grand jury. Corcoran had previously invoked attorney-client privilege to avoid testifying about his conversations with Trump. But Howell reportedly viewed evidence leading her to determine there was a prima facie case that Trump used Corcoran in the furtherance of yet another crime, thus piercing the attorney-client privilege with the fraud-crime exception to it.

Trump appealed Howell's Friday order to the D.C. Circuit Court of Appeal which, last night, issued an administrative stay while ordering Team Trump to submit their brief in the appeal by midnight last night! They further ordered the DoJ's response to it by 6 a.m. this morning! Longtime attorneys and prosecutors were stunned by the unheard of speed in the court's scheduling. Some suggested that may be a sign that federal judges are fed up with Trump's stalling tactics. Others suggest the emergency order signaled "an urgent issue of National Security" was at stake or even "potential espionage." Yikes! We discuss.

In any event, late this afternoon, the three-judge Appeals Court panel lifted the stay on Howell's ruling and ordered Corcoran to both turn over the documents in question and testify to the grand jury. Trump could still appeal to the U.S. Supreme Court, but it's believed he'll be no more successful there on this motion. Much more to come in this case.

Next, we're joined by longtime progressive journalist, author and Wisconsin native JOHN NICHOLS, National Affairs Correspondent at The Nation and Associate Editor at Madison WI's Capitol Times, to discuss this bizarre moment in Presidential accountability history and the extraordinarily heated, expensive and important WI state Supreme Court election now underway. Early voting began this week for the April 4 contest that may finally flip control of the state's high court to liberal jurists for the first time in 15 years.

Nichols explains why the supposedly non-partisan race --- between liberal Milwaukee County Circuit judge Janet Protasiewicz and far-right former state Supreme Court Justice Daniel Kelly --- is so critical to both Wisconsin and to the rest of the nation in advance of the 2024 Presidential election in the battleground state.

The Protasiewicz camp has accused Kelly, who was unseated from the high court in 2020 after being soundly defeated, of receiving $120,000 from the Republican Party to advise them on overturning that year's Presidential election results in the Badger State, via the failed "fake electors" scheme. Protasiewicz also describes Kelly, who is endorsed by several anti-abortion rights groups as a "radical" "extremist".

For his part, Kelly's campaign characterizes Protasiewicz as "soft on crime", "woke", and several other standard GOP smears that may not be quite as effective as Republicans think, according to Nichols.

That said, there are ton of issues likely to come before WI's high court in the coming months and years that will have a huge impact on both Badger State residents and the rest of the nation, including the validity of the state's 1849 abortion ban "that Republicans want to reanimate," as Nichols explains; the state's recent "anti-labor laws that [former Gov. Scott] Walker" enacted; "a chance to undo gerrymandering to make sure that voting rights are protected and elections are fair," not to mention rulings that could determine who ends up winning the 2024 Presidential election in the state, where, Nichols notes, "four of our last six Presidential elections in Wisconsin were decided by under 25,000 votes" out of more than 3 million votes cast.

"Bottom line is," Nichols tells me, "if you end up with a 4-3 liberal majority on this court that actually looks at cases in a fair and reasonable way," there are myriad rulings from the last 15 years of far-right state Supreme Court control that could finally be reversed.

Among other topics discussed with Nichols today: Whether, after well over a decade of covering WI Supreme Court elections, we will finally see it flip on April 4; a point of disagreement regarding whether judges should be forced to compete in elections at all, much less in so-called "non-partisan" ones like those in WI; and his new best seller, just published with co-author Bernie Sanders, titled It's Okay to be Angry About Capitalism.

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Weird. It's almost as if Republicans say one thing but do the exact opposite or something. Especially when it comes to freedom, the First Amendment, personal responsibility, parental rights, Big Government regulations, activist judges legislating from the bench, and...well, tune in to today's BradCast for much more. [Audio link to full show follows below.]

Among the stories helping to highlight all of that today...

• Wingnut children's book author Bethany Mandel made herself famous this week. Not in a good way...but in an hilarious way, as the GOP's silly and desperate Anti-"Woke" Chronicles continue.

• In their ongoing Anti-Freedom Crusade, Republicans have now figured out how to gerrymander the federal judiciary. Following a four-hour hearing this week in a federal courtroom in Texas, Trump-appointed, far-right, anti-abortion activist U.S. District Judge Matthew Kacsmaryk appears on the precipice of legislating from the bench to nullify the FDA by banning the abortion drug mifepristone. The medication was approved by the FDA for use more than 20 years ago and has proven to be incredibly safe and effective ever since. It is used in more than half of the abortions in the U.S. But, as Ernie Canning detailed last month, Kacsmaryk shouldn't even be hearing this unprecedented challenge. It should be tossed out entirely for numerous legal reasons that he helps explain, including lack of legal standing and statute of limitations. Nonetheless, the lawsuit filed by foes of reproductive rights comes after Sam Alito, Brett Kavanaugh and the rest of the corrupted rightwing SCOTUS majority told us just last year, when overturning Roe v. Wade, that they were doing so in order to "return the issue of abortion to the people’s elected representatives." Kacsmaryk may be many things, including "arguably the worst judge in the United States." But he is definitely not an elected representative of the people.

• In news of still more rightwing hypocrisy and lies this week, it turns out that Florida is not "where woke goes to die," as Gov. Ron DeSantis likes to sputter. Actually, it's where freedom, the First Amendment and parental rights, among other things, go to die. This week, the state's Dept. of Business and Professional Regulation filed to revoke the Hyatt Regency Miami's liquor license. Their crime? The venue featured the popular Drag Queen Christmas show last year, allowing entrance by those under 18 if they were accompanied by an adult to see the show featuring stars from RuPaul's Drag Race program on VH-1 and MTV. Parents in Florida now have Big Government to co-parent with them, apparently, thanks to the Presidential ambitions of their hypocritical book banning, First Amendment hating Governor.

• CNN reports exclusively today that "At least two dozen people --- from Mar-a-Lago resort staff to members of Donald Trump’s inner circle at the Florida estate --- have been subpoenaed to testify to a federal grand jury that’s investigating the former president’s handling of classified documents." That, as part of Special Counsel's Jack Smith's federal probe.

• The Atlanta Journal Constitution has a much more explosive exclusive today, however, as based on their interview of five members of the Special Grand Jury in Fulton County, Georgia who, after eight months investigating Trump's conspiracy to steal the 2020 election in the state, unanimously recommended criminal charges for more than a dozen people to Fulton County District Attorney Fani Willis. There's a whole bunch of fascinating details in AJC's detailed report. But the biggest bombshell likely comes at the very end, when one of the jurors tells the paper: "A lot’s gonna come out sooner or later...And it’s gonna be massive. It's gonna be massive." 👀

• Finally, Desi Doyen has our latest Green News Report, with some good news on "forever chemicals", some accountability for the Norfolk Southern rail company and, believe it or not, some very good news regarding renewable energy in Texas. What?! Yes, Texas!...

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As we've advised many times on The BradCast, accountability takes a while. Particularly when you're talking about criminal accountability for a President of the United States for the first time ever. [Audio link to full show is posted below this summary.]

We're joined today, for the first time in several months, by perhaps the one person who may know nearly as much (and, in some cases, even more) about the many criminal cases against Donald Trump than the many prosecutors currently considering indictments against him for those crimes.

Longtime, independent national security and accountability journalist MARCY WHEELER of Emptywheel.net joins us for the full hour today. There is now just too much going on all at once in the various federal investigations being overseen by Special Counsel Jack Smith (not to mention the several criminal and civil probes underway in Georgia and New York), to fit into a single segment.

We dive into details with Wheeler on both the probe of Trump's hundreds of stolen, classified documents recovered by the FBI last year at Mar-a-Lago, and the ongoing investigation of the broad conspiracy surrounding the Trump-incited January 6, 2021 insurrection at the U.S. Capitol (and his many other attempts to steal the 2020 election.)

Among the many points and questions discussed with Wheeler on today's show...

ON SPECIAL COUNSEL JACK SMITH:

• Where is he? Literally. And why are there no known new photos or videos of him Special Counseling?
• And what, if anything, does his incredibly low profile tell us about the work that he is doing?

ON THE TRUMP STOLEN DOCUMENTS PROBE:

• What does this week's news that Smith is hoping to pierce the attorney-client privilege by invoking the crime-fraud exception to force federal grand jury testimony from Trump attorneys like Evan Corcoran actually mean? And, is it true, as the New York Times reported on Tuesday, that Smith's motion to do so is "an aggressive new dimension to the inquiry"?
• What exactly is the crime being investigated that Smith contends took place between Corcoran and Trump that would nullify the attorney-client privilege?
• What do we need to know about this past weekend's startling news that Team Trump has now turned over still more classified documents and that some of them were reportedly scanned onto a laptop computer (and thumb drive) said to belong to a Trump aide at his main fundraising PAC?
• Why weren't those documents found at Mar-a-Lago during the FBI's very thorough search last August?
• Should we be concerned that more classified documents are out in the wild after being digitized and shared with others?
• Where are the dozens of documents that were previously in the now-empty classified document folders recovered by the FBI last August? And, is Trump's claim that he kept empty classified document folders as trophy keepsakes even plausible?
• Does the discovery and quick return of a handful of classified and other Presidential records found by aides at the offices and residences of Joe Biden and Mike Pence make any difference in a potential decision to charge Trump for having stolen thousands of documents and then lying about them to federal officials?

ON THE JANUARY 6 CONSPIRACY PROBE:

• Mike Pence has now been subpoenaed to testify before the grand jury investigating the January 6 attack. He says he will challenge the subpoena based on the Constitution's "speech or debate" clause that, he claims, prevents him --- as President of the Senate on January 6 --- from having to answer questions by the Executive Branch. That, after Pence previously refused to testify to the House J6 Committee on the basis of separation of powers and Executive privilege.
• Many are describing Pence's defense "novel", but Wheeler (and I) recall when the previous Republican Vice President, Dick Cheney, hoping to also have it both ways, attempted to play the exact same hand to avoid testifying to both the Legislative and Executive branches during the George W. Bush era.
• In any event, will Pence's ploy work? And, if so, will it prevent Smith from being able to bring indictments?
• How do the recent guilty verdicts for Seditious Conspiracy, in the trials of a number of rightwing Oath Keepers militia members (and the ongoing trial of racist Proud Boys members), affect potential indictments of the former President?
• Is it likely that the DoJ will simply take the "Al Capone tax evasion" route by charging Trump with a simpler crime, such as wire fraud, based on his fundraising scheme that raked in some $250 million after the 2020 election for an "official election defense fund" that didn't actually exist?
• And, by the way, can a former President --- with a 24/7 Secret Service detail and all of that --- actually be sent to prison in the event he ever actually is indicted, convicted and sentenced?

As you can tell, just a few things to discuss with Wheeler today. And, as usual, she offers a ton of important, smart and keenly-informed insight!...

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As noted at the top of today's BradCast, I thought when the Trump Era ended, there wouldn't be quite as much of a fire-hose of news coming in over weekends. Silly me. Perhaps my mistake was in somehow thinking the Trump Era had ended. [Audio link to full show is posted below this summary.]

In any event, among the many stories covered on today's show before we opened up our lines to listener calls on all of them...

• Hey, that was some Super Bowl, eh?

• Over the weekend a total of three "unidentified aerial objects" were shot down by the U.S. military over North America by President Biden. One off the frozen coast of Alaska, one over Canada (shot down at their urging), and another in Michigan over Lake Huron. None of the objects, according to U.S. officials, were similar to the much larger spy balloon from China recently shot down off the coast of South Carolina. So, what were they exactly? And should anybody really be concerned about it? We discuss.

• In far more important news, there was also another flurry of activity over the weekend regarding the discovery of mishandled classified documents. It began on Friday, when a consensual FBI search of former Vice President Mike Pence's home in Indiana turned up another classified document. But that story only served to district from the hugely important news that not only were more classified and stolen documents found in Donald Trump's possession (where well over 300 such documents, including thousands of pages marked classified, have been found to date), but in this case, at least one classified document was discovered to have been digitized onto a notebook computer and a thumb drive. Even more disturbing: the notebook on which the document was found wasn't even at Mar-a-Lago. It was, reportedly, in the possession of a still-unnamed aide working for Trump's main fundraising arm, the Save America PAC. If the documents stolen by the disgraced former President were electronically scanned, as appears to be the case, and copied to thumb drives and computers, that opens up a whole new potentially very troubling ball of wax in Special Counsel Jack Smith's ongoing criminal investigation into the documents recovered at Mar-a-Lago. It was also reported, as part of the weekend news flurry on this, that Trump received yet another subpoena for those newly discovered documents last month and that two more of his attorneys testified in January before Smith's federal grand jury.

• On Monday, a judge in Atlanta announced that parts of a recently written Special Grand Jury report --- including what he described as "a roster of who should (or should not) be indicted, and for what, in relation to the conduct (and aftermath) of the 2020 general election in Georgia" --- will be released to the public this week. Fulton County Superior Court Judge Robert McBurney said in his 8-page order [PDF] today that the introduction and conclusion of the report, as well as one section on witnesses believed to have lied to the Special Grand Jury, will be released on Thursday. None of the sections to be released this week, according to McBurney, include names of those who could soon be indicted. The report was created by the Special Grand Jury convened by Fulton County District Attorney Fani Willis. She had sought their advice on whether to bring charges against the former President and other co-conspirators in his attempt to strong-arm Georgia officials into stealing the 2020 Presidential election. At a hearing three weeks ago, she explained that her office opposed the release of the report at this time out of concern for fairness to those who may soon be indicted. She said at the time that charging decisions were "imminent". Presumably, they still are.

• Finally, some of very good and/or interesting callers ring in today on all of the above and more!

Please tune in for today's lively and, hopefully, both entertaining and informative program!...

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The long-awaited GOP-led House hearings are now getting under way in full. And, as we've previously predicted, they ain't going well...for the Republicans. Also on today's BradCast, a few critical (and good news) updates to several stories we've covered in the recent past, as well as some encouraging breaking news on the worsening woes of our failed former President. [Audio link to full show is posted below this summary.]

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

• A few weeks back, longtime Congressional ethics expert Craig Holman of Public Citizen joined us to explain the House GOP's attempt, buried in their new rules package adopted at the beginning of the new session last month, to kill the independent Office of Congressional Ethics. That is the very effective body that runs real investigations into Congressional members' crimes and ethics lapses, by way of contrast with the House Ethics Committee which, as Holman told us at the time, is "literally designed to sweep ethics matters under the rug." The new House rules were cleverly crafted by Republicans to cripple the OCE --- along with any real probes of folks like George Santos or Kevin McCarthy and the several other GOP members who defied Congressional subpoenas last year. But, at the last second this week, House Dem Leader Hakeem Jeffries appears to have saved the day --- and the OCE --- with some very quick work to thwart the GOP scheme to kill this critical agency.

• In another good news update today to yet another story we've been covering in recent weeks, the long and confusing battle over majority control of the Pennsylvania state House is now all but settled with the election of all three Democrats in three different Special Elections held on Tuesday to fill three vacancies in the chamber. That means that Dems will now have full control of the House in the Keystone State for the first time in over a decade. Critically, they will now be able to thwart the effort by the previously GOP-controlled legislature's plan to adopt a state Constitutional amendment that would declare there is no right to an abortion in the state.

• And, in still more good news on reproductive freedoms and the importance of elections, last November, Democrats won a trifecta in the great state of Minnesota, as they gained majority control of both chambers in the state legislature and control of the Governor's mansion. They have now begun to move a huge number of long-overdue progressive priorities forward. Last week, they adopted a statute to protect reproductive freedoms in the state --- the first state to do so after last summer's SCOTUS reversal of Roe v. Wade --- and, this week, Gov. Tim Walz signed a measure that mandate MN's move to 100% carbon-free electricity by 2040! (And there is much more to come. Elections matter!)

• Next, it's on to the ridiculous hearing held on Wednesday in the newly GOP-controlled Oversight Committee in the U.S. House. The long-awaited hearing, featuring a panel of witnesses who formerly worked at Twitter, was meant to examine alleged federal government censorship on the social media site. Specifically, a two-day pause on the broad sharing of a questionable New York Post article in early October 2020 on a laptop purportedly abandoned by Joe Biden's son, Hunter Biden. The hearing did not go well for the Republicans. As it turns out (and as we've told you previously), there is no actual evidence of the FBI or any other government agency, censoring the laptop story --- or any other --- at the social media network, even though Republicans are now pretending that the FBI (Trump's FBI, by the way!) somehow used Twitter to rig the 2020 election for Biden. If all of that sounds ridiculous, it's because it is. We share several clips today from the hearing, which failed to reveal evidence that Biden or the Democrats or the FBI or the "deep state" violated the First Amendment in somehow censoring --- or trying to censor --- Twitter. But, you know who did? Yup, Donald Trump and his White House, as revealed by Democrats and the former Twitter employees who testified at Wednesday's sort of hilariously failed hearing.

• Also today, Desi Doyen and our latest Green News Report with details on environmental elements of Biden's Tuesday State of the Union address; new evidence of more lies and war profiteering by BP; a foiled neo-Nazi attack on the power grid in Baltimore; and more on that great news about the clean energy mandate (as noted above) out of MN.

• Finally, some breaking news as today's show wraps up: former Vice President Mike Pence has reportedly been subpoenaed by Jack Smith's federal Special Counsel probe of Donald Trump's attempt to steal the 2020 Presidential election. That, according to ABC News, which broke the story first, suggests "a major escalation of Smith's probe"...

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Today's BradCast --- from questions about classified Presidential documents to this week's hand-count of 2020 ballots in a swing-state county --- is ultimately about transparency and sunshine as the best disinfectants when it comes to politics and the necessity of public oversight for the health of American democracy. Even when it may seem annoying to some at first blush.

Much of the corporate media has been doing a fairly lousy job of allowing disingenuous rightwing opportunists to turn the recent reported discoveries of some classified documents said to have been found in old boxes at a Joe Biden office and one of residents into the very same thing that Donald Trump is facing potential felony charges for. In his case, any charges will most likely come in response to blatant disregard for the rule of law and the continuing-to-this-day obstruction of justice in his case of thousands of pages of stolen classified documents.

There is little comparison between the two matters, but the comparisons are being made anyway. Sometimes helpfully, sometimes lazily and destructively. In any event, Robert Hur, a former U.S. Attorney appointed by Donald Trump was designated on Thursday by Biden's Attorney General Merrick Garland to serve as Special Counsel in the matter of the Biden documents. That is a good thing, as it will ultimately serve to either expose crimes (unlikely, based on the currently known evidence, but always a good thing if there are any actual crimes) or end with a report from the Special Counsel finding no violations of the law by the President. A normal, non-Special Counsel probe by DoJ would end in either indictments or no comment, allowing false claims to be made forever.

I suspect many Dems will be annoyed by the appointment of a Special Counsel in the Biden case. But it is ultimately be better than the alternative. Transparency, sunshine and independent oversight are always good things.

In a similar vein, the second major story we focus on today involves a hand-count of hand-marked paper ballots from the 2020 Presidential election taking place this week in Lycoming County, Pennsylvania. It's a county where Trump won by more than 40 points in both 2016 and 2020, but where many Republicans have been conned into believing there was some sort of fraud that decreased Trump's win from 44.2 points over Hillary Clinton in 2016 to "only" 41.4 points over Biden in 2020.

There is zero evidence of fraud or programming error or mistally of any kind, but local Republicans --- hoaxed by opportunistic national liars --- have collected thousands of signatures to demand a public hand count. The County's of Board of Supervisors ultimately agreed late last year to allow one.

Some of the few covering the count at all in the national media this week have been snarky, snide or dismissive (MSNBC's Alex Wagner, for example, and the very computer voting and tabulation friendly media outlet VoteBeat). But, as it turns out, the count appears to be going smoothly, is reportedly confirming the original results, and was largely completed in just three days rather than the three weeks VoteBeat had suggested it might take, as they offered readers false and misleading claims about hand-counting. (They believe computers are more reliable for that sort of thing, even though the only way to know if computers have tallied paper ballots accurately is to...hand count them.)

But whether there is legitimate cause to be concerned about the results of a Presidential election two years ago in a far-right leaning swing-state county, and while even a hand-count is unlikely to persuade the most brain-poisoned of Republicans, public oversight of vote counting is ultimately a very good thing for democracy. In fact, in all of my years on this beat, I am convinced it is the only thing that can keep it viable and continuing here in the U.S. As you may have noticed, for good reasons and bad, confidence in democracy and election results have taken quite a beating in this country in recent years. That is good for nobody other than the charlatans and autocrats. Public oversight of election results, on the other hand, particularly if they confirm the original counts, can only help to shore up confidence by the electorate. Democracy needs that to thrive and survive

Once again, sunshine, transparency and oversight to the rescue...whether some may be annoyed by it or not.

Finally, we finish out today with Desi Doyen and our latest Green News Report, including some disturbing new climate data from NOAA and the latest dumb pretend freak-out by Fox "News"...

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Well, Merry Christmas from The U.S. House and The BradCast, Mr. Trump! [Audio link to full show follows this summary.]

In their finale hearing on Monday, the bipartisan House Select Committee investigating the former President's incitement of insurrection on January 6, 2021 and his multiple failed attempts to steal the 2020 Presidential election, voted unanimously to send criminal referrals for the former President on four different, very serious crimes to the U.S. Dept. of Justice.

Those criminal referrals include:

• Obstruction of an official Proceeding. For corruptly attempt to block the peaceful transfer of power at the joint session of Congress on January 6, 2021.
• Conspiracy to Defraud the United States. For his efforts to block Joe Biden's victory by lying about fraud, despite being told by all his top White House legal advisors and his own DoJ there was no evidence to support his false claims.
• Conspiracy to Make a False Statement to Congress. For participating in the scheme to send phony certificates in support of fake Electors on January 6th.
• Insurrection. For inciting, assisting, or giving aid or comfort to those attempting to overthrow the United States government.

If eventually indicted and found guilty of that final "very grave charge," as Committee member Rep. Jamie Raskin (D-MD) described it today, Trump would become ineligible to hold any future federal office.

In our Special Coverage of today's hearing, we step through extended clips highlighting the Committee's case, as presented and summarized on Monday, including additional information from new witnesses interviewed by the panel since their last public hearing in mid-September.

The meeting ended with the presentation of the Committee's final report (Introductory Summary: PDF, HTML) and their unanimous, 9 to 0 vote to send the unprecedented criminal referrals to the DoJ for the former President of the United States, one of his corrupt attorneys (John Eastman) and others.

Whether these referrals result in actual criminal indictments is, of course, a separate matter. But, as discussed today, they will at least force the DoJ to review the evidence of these serious crimes as collected by the Committee from hundreds of witnesses over the past two years.

We close today with a few callers ringing in on what (if anything) happens next, and if these referrals may finally result in real accountability for the unspeakably corrupt Donald John Trump...

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While Special Counsel Jack Smith is said to be investigating the Trump-incited January 6 insurrection at the U.S. Capitol and the his fake electors plot to try and steal the 2020 election, among other things, there is a still-ongoing, post-2020, multi-state plot, coordinated by Trump's top MAGA lieutenants that the Feds don't yet seem to be probing. Our guest on today's BradCast is trying to change that. [Audio link to full show follows this summary.]

For the better part of this past year, we've have been closely reporting on the bizarre plot uncovered by frequent guest and longtime election integrity expert Marilyn Marks during the lawsuit filed by her group, Coalition for Good Governance, seeking to replace Georgia's 100% unverifiable touchscreen voting systems with hand-marked paper ballots.

Marks recorded a phone call she received last year from an Atlanta businessman who, essentially, confessed to a scheme that has since been revealed to have been overseen and paid for by disgraced Trump attorney Sidney Powell. It involved the Board of Elections and local Republican Party officials in right-leaning Coffee County, Georgia allowing a team of computer wonks to make copies of the County's proprietary voting and tabulation software, including the sensitive Election Management System, manufactured by Dominion.

Thanks to GA's Republican Sec. of State Brad Raffensperger, every county in the state is forced to use the same vulnerable, unverifiable voting systems. Making copies of those systems in one County essentially offers a blueprint for how to disrupt elections in various ways in every County in the state. Moreover, those systems are also used in jurisdictions in at least a dozen other states. Cybersecurity experts have described the Coffee County breach as extremely worrisome.

Nonetheless, until the scheme was exposed by Marks, Raffensperger's office appears to have been covering the entire thing up. And, even after it was exposed, his office --- including one of Raff's top lieutenants, Gabe Sterling --- continued to deny any of it had happened.

"Even recently, there was people saying, 'We went to Coffee County and we imaged everything,'" Sterling declared at an election forum at the Carter Center in Atlanta last April, before falsely adding: "There's no evidence of that. It didn't happen." But it absolutely did happen, as security camera video from the Coffee County Board of Elections offices, also obtained via Marks' lawsuit, subsequently made abundantly clear. The plot even involved a number of well-known MAGA Mobsters, such as Doug Logan, CEO of the Cyber Ninjas outfit that later carried out the phony post-2020 "audit" in Arizona last year.

Voting system software breaches similar to the one in Coffee County were also carried out and reportedly overseen by Powell, in several others states, including Nevada, Michigan and Colorado. As the Washington Post confirmed again this week, the stolen software "was then uploaded to a website, from where it was downloaded by election deniers across the country."

Despite all of this disturbing evidence, federal authorities do not appear to have even begun to probe these coordinated plots which, as our guest today confirms, can really be considered a crime still in progress, since the copied software can be used to undermine upcoming elections, for example, in 2024.

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit good government group, Free Speech for People, to discuss the 14-page letter [PDF] that she and more than a dozen of the nation's top cybersecurity and voting system experts sent this week to Special Counsel Smith, Attorney General Merrick Garland, as well as the Directors of both the FBI and Cybersecurity and Infrastructure Security Agency (CISA), seeking a federal probe of the coordinated, ongoing plot.

"Now that they have the software," Greenhalgh explains today, "they have all the elements of the voting system, from the poll pads to the election management system which aggregates and reports totals, and everything in between. They can create their own election system and probe it to find out how it's vulnerable, and also develop ways that they can exploit those vulnerabilities. They can decompile the software to study the source code and understand how they might create malware that could get in and wreak havoc with the way the votes are counted."

Remember, these software breaches happened in most cases with the cooperation of insiders, local election officials who have direct access to these systems. Greenhalgh notes that "malware can be designed to be undetectable in many ways. So if you wanted, you could use it to disrupt an election so that people can't vote, or you could do it in ways to disrupt and manipulate or tamper with an election that is not visible to outsiders. Or you could just use the software to create disinformation campaigns and say 'I can show you how this election system was compromised and why it counts incorrectly'," even when it hasn't.

"We don't even have to imagine that because that's already been done," she continues. "That was by Matt DiPerno, the guy who ran against [Democrat] Dana Nessel for the Attorney General position in Michigan. He's also quite a famous election denier. He had a copy of voting system software that was obtained extra-legally in Michigan and put it on machines and put up videos that said, 'This is how we can manipulate these systems.'"

Greenhalgh details other ways in which these breaches are so troubling to the experts signed on to FSFP's letter; explains whether there is any evidence that the breaches were used to exploit systems in 2022; responds to remarks from the GA Sec. of State's office attempted to conflate real, longtime election security and voting systems experts with the MAGA conspiracy theorists and election liars; discusses how the Coffee County breach appears to have been covered-up by Raffensperger and other Georgia officials; and details why the lack of a federal investigation continues to threaten future elections, including the Presidential contest in 2024.

"The chance of manipulating elections going forward is very real," she warns.

Also today...since we could use some dumb news to offset that very disturbing story, 2024 Presidential candidate Donald Trump is now in the business of ripping off his supporters with hilarious, $99 digital trading cards in which he is illustrated as a super hero! Get yours today! Before they run out!

And finally...we close with Desi Doyen and our latest Green News Report, including troubling news from NOAA on the worsening effects of climate change in the Arctic; the existential threat to the world's forests of rapidly expanding oil and gas exploitation; and the EU's decision this week to institute the world's first carbon import tariff...

It's another busy day on The BradCast! Enjoy!

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(P.S. We're off tomorrow for more dental adventures, but will be back next week to cover the House January 6 Committee's finale and more before our holiday break!)

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Let's enjoy the good news on today's BradCast --- and we've got quite a bit of it --- because things may or may not be as bright tomorrow, as returns come in from the U.S. Senate runoff in Georgia and the corrupt rightwing U.S. Supreme Court hears a case they may use to undermine American democracy as we have known it for more than 200 years. [Audio link to full show follow this summary.]

But, for tonight, at least, there is a whole bunch of good news regarding a whole bunch of bad news for our disgraced former President...which is great news for everyone else...

• A New York jury in Manhattan took little more than one day to find the Trump Organization guilty of all criminal state tax fraud charges brought against it --- 17 counts in all. That follows its longtime Chief Financial Officer, Allen Weisselberg's guilty plea on 15 counts of fraud. He's set to receive about five months in prison after his plea and agreement to testify against the company. A company, however, can't be sentenced to prison, so a fine will be levied instead. But the Manhattan D.A.'s office may have other plans for criminal charges against Donald Trump, which we discuss as well today.

• Meanwhile, Trump is now claiming that he didn't say what everybody saw him say, when he called for the "termination" of the U.S. Constitution over the weekend. It was, of course, part of his continuing effort to pretend the 2020 Presidential election that he lost was actually stolen from him. More disturbing, however, is the lack of elected Republican officials who, while pretending to be "Constitutional conservatives", are unable to say whether Trump's comments disqualify him from becoming President again.

• But, back to brighter news as we continue to try and keep track of accountability for at least 56 known criminal violations of law by the former President since he first ran for office. (That doesn't include all of the civil violations, such as the $250 million lawsuit filed by New York Attorney General Letitia James against him, his company and his three oldest children on state tax fraud violations.) The Manhattan D.A.'s office of Alvin Bragg, which successfully prosecuted the criminal tax fraud cases against the Trump Organization, has made a new hire that suggests the office may be eyeing new criminal charges against Trump himself this time. We 'splain.

• Also on Tuesday, the Chair of the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's many failed attempts to steal the 2020 election, said that the panel will be making criminal referrals to the U.S. Dept. of Justice before year's end. That may or may not be bad news for Trump himself and many others in the MAGA Cinematic Universe. But it almost certainly ain't good news for any of them.

• Also also on Tuesday, it is being reported that Jack Smith --- newly tapped by Attorney General Merrick Garland as Special Counsel overseeing the DoJ's federal criminal probes into January 6, the documents stolen by Trump from the White House, and any other matters related to either of those cases --- has issued his first subpoenas since taking his new position. Officials in Wisconsin, Michigan and Arizona according to Washington Post, as well as in Pennsylvania, as confirmed by AP, have all recently received demands from Smith for "any and all communications with Trump, his campaign, and a long list of aides and allies."

It's going to be a very long rest-of-his-life for Donald Trump --- unless he pulls a Ken Lay first. Of course, we wish him nothing but the best.

• And, finally, we finish up today with Desi Doyen and our latest Green News Report, including news on the electric grid attack in North Carolina; Russia targeting energy infrastructure in Ukraine (a war crime); and EV sales now surging in U.S. and across the globe...

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

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

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

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

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

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

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

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

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

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

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

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

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

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We're back for today's BradCast after some much-needed down time last week over the holiday when we tried to look the other way for a few minutes. We've got a lot of catching up to do.

Among the stories we try to catch up with today...

• MyPillow CEO and conspiracy theorist, Mike Lindell, now says he wants to become the Republican National Committee's new chair! Sounds like a perfect fit!

• The independent Special Counsel appears to be wasting no time. Even on a holiday. Prosecutor Jack Smith, recently tapped by Attorney General Merrick Garland to oversee two Trump-related criminal probes by the Dept. of Justice --- on the January 6th insurrection and the classified documents stolen by the former President upon leaving office --- jumped into the documents case on Thanksgiving Day. While we were eating turkey, Smith was filing a one paragraph argument with the 11th Circuit Court of Appeals calling out Trump's attorneys for lying during a hearing earlier in the week. That hearing didn't go well for Team Trump, despite being heard by two Trump-appointed federal judges and one appointed by George W. Bush. Smith did not make things any better for them. We explain.

• Two Trump-backed candidates in Alaska were each declared losers in the U.S. House [PDF] and U.S. Senate [PDF] races last week after weeks of counting in the state's Ranked Choice Voting midterm elections. Democrat Mary Peltola will fill the seat in the U.S. House previously held by the late Rep. Don Young, a Republican who occupied the state's only House seat for nearly 50 years. She defeated the failed former President's choice, the state's failed former Governor and Vice Presidential candidate Sarah Palin, as well as two other candidates. And, moderate Republican Sen. Lisa Murkowski, who voted to remove Trump from office during his second impeachment trial last year, was declared to have defeated Trump-endorsed GOP challenger Kelly Tshibaka. Dems will hold a narrow majority in the Senate next year no matter how the U.S. Senate runoff in Georgia between Sen. Raphael Warnock (D) and Trump-endorsed Herschel Walker (R) works out next Tuesday. But, if yet another candidate supported by the disgraced former President crashes and burns next week too, the extra seat in the upper chamber could make a huge difference for Democrats.

• Meanwhile, in Arizona, former TV news anchor and Trumpette, Kari Lake, is still pretending that she must have won the Governor's election. All of the available evidence suggests Democratic Sec. of State Katie Hobbs was the winner, albeit by less than one percent. The narrow margin, however, is just a bit higher than the trigger for a statewide recount. So, Lake is now suing the Republicans who run Maricopa County (Phoenix), on the basis that the County's print-on-demand ballot system prevented voters from voting. It didn't. Though some GOP voters reportedly chose not to cast their ballots after being told the precinct-based scanners couldn't read the hand-marked paper ballots printed at a number of the County's voting centers. Those ballots were placed into a locked box and scanned back at County HQ. On Monday, the County certified their results, and the usual parade of deplorables issued threats to the officials for doing so. The state is scheduled to certify results next week, which will be followed by a recount in the incredibly tight Attorney General contest. It is currently led by Democratic candidate Kris Mayes over Trump-endorsed Abe Hamadeh who trails by just 510 votes out of more than 2.5 million cast in the state's November midterms.

• Meanwhile, the world's largest volcano, Mauna Loa, is erupting again in Hawaii...for the first time in nearly 40 years.

• Finally, we open the phone lines today for a bit of a "reverse BradCast," where callers ring in with stuff they want me and/or the world to know about. Among the topics raised by callers: Israel, Julian Assange, accountability for Don Jr. and Eric, democracy beyond elections, and more...

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It's our last BradCast until after the Thanksgiving holiday. And for that we are both thankful...and exhausted. [Audio link to full show follows this summary.]

Merrick Garland's newly appointed independent Special Counsel, Jack Smith, is reportedly already at work, now overseeing two Department of Justice criminal probes related to Donald Trump's incitement of the Jan. 6, 2021 insurrection and his theft of classified documents and other Presidential Records from the White House upon leaving office.

Following Garland's announcement on Friday, there are differing opinions from those in the legitimate legal community hoping to see accountability for the former President. Some believe the appointment of Smith was the right thing to do in order to avoid even the appearance of political conflicts of interest. Others believe that it's too late now to appoint a Special Counsel and that Garland should have simply cut to the chase by bringing indictments himself where appropriate.

Garland's appointment of a Special Counsel came on the heels of Trump's announcement earlier last week that he had filed to run again for President in 2024 and the presumption that Joe Biden was planning to do the same. The Attorney General explained that he felt that the "extraordinary circumstances" triggered the DoJ regulations mandating an independent, non-political appointee be named to oversee both cases and to make the determination as to whether indictments should be brought.

We're joined today by two longtime guests of the program, with very different opinions on the matter. Hours prior to Garland's appointment of Smith, former federal prosecutor RANDALL D. ELIASON, now a law professor at George Washington University, published an article headlined "Mr. Attorney General, It's Time to Appoint a Special Counsel," explaining why he believes that DoJ "regulations and the public interest demand it."

His piece was written following Trump's announcement of his 2024 candidacy and in response to an article earlier in the month by Laurence Tribe and Dennis Aftergut's arguing: "Mr. Attorney General, It’s Too Late to Appoint A Special Counsel."

Following the A.G.'s announcement on Friday, Constitutional law expert JOHN BONIFAZ, Co-Founder and President of the government watchdog group Free Speech for People, expressed disappointment and frustration with Garland's decision, tweeting: "Garland has had more than 1.5 years to name a special counsel to investigate Trump. It is not credible that he was unaware during that time that Trump and Biden might run again."

Both Eliason and Bonifaz join us today to hash out their varying positions, with Bonifaz leaning heavily on the argument that Garland lacks "credibility" in his appointment after failing to bring a "vigorous effort" to hold Trump accountability over the past year and a half, "for the crimes that were clearly laid out" by the time Garland took office. He cites the 10 instances of Obstruction of Justice detailed by the previous Special Counsel, Robert Mueller, and the fraud detailed by the DoJ's successful prosecution and conviction of Trump attorney Michael Cohen, in which the Department identified Trump as "Individual 1" directing a criminal conspiracy to secretly pay off porn star Stormy Daniels to keep her quiet about a sexual affair.

"If he's not being held accountable for those crimes," Bonifaz argues, "why should we believe that he now will be held accountable for these crimes?"

Eliason, on the other hand, sees those matters as separate and distinct from the immediate need to appoint a Special Counsel for the DoJ's two, currently ongoing probes. He explains why he believes the appointment is both necessary and will not substantially slow down any prosecution of the former President if indictments are found warranted by Smith. He is also critical of Bonifaz' argument that indictments should already have been brought by the DoJ.

"When you're talking about prosecuting a former President," explains the former chief of the DoJ's Public Corruption and Government Fraud section in D.C., "they've got to have this buttoned up every way possible. So it is going to take some time. I know there is a lot of frustration or impatience with that, but that's the nature of these cases. If they don't take the time and do it right, then they're going to bring some half-baked charges and Trump gets acquitted."

After that debate, Bonifaz sticks around for a bit longer to explain his group's new campaign to call on Secretaries of State and chief election officials in all 50 states to bar Trump from the 2024 ballot, arguing that his incitement of the January 6 insurrection makes him ineligible under Section 3 of the 14th Amendment, the so-called Insurrection Disqualification Clause. FSFP has joined with Mia Familia Vota to launch a campaign at TrumpIsDisqualified.org to gather signatures for a petition to state election officials, charging "because of his role in inciting, encouraging, and supporting the January 6th insurrection, Trump is constitutionally ineligible for any future run for office."

Also today, several news headlines from over the weekend, including an all too brief conversation with Desi Doyen --- before we disappear for the next week --- about the landmark agreement struck during overtime at the U.N.'s climate conference over the weekend. The nations of the world finally agreed to create a long-sought, so-called "loss and damage" fund that will require wealthy nations who benefited from the use of cheap and dirty fossil fuel energy to help still-developing nations who are not responsible for our climate crisis yet are facing the brunt of the worsening emergency. The 200 nations at the conference did not, however, agree to call out the reason for the emergency --- the burning of fossil fuels --- due to opposition from Russia, Saudi Arabia and Nigeria, nations with fossil fuel dependent economies...

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