We're still fighting for accountability after all these years on The BradCast. So why should today be any different? [Audio link to full show follows this summary.]

We kick off today's program with a word or two on our 19th Anniversary of independent investigative journalism, blogging, broadcast, muckraking and trouble-making as we now officially enter our 20th(!) year of doing so at The BRAD BLOG! While I had some thoughts on all of that this morning at the blog, one point of particular pride remains the ongoing billion-dollar lawsuits by voting machine companies against Trump attorneys Rudy Giuliani and Sidney Powell (as well as Fox "News" and a bunch of their on-air hosts.) The reason for the pride is that no small part of the false claims made against Dominion and Smartmatic after the 2020 election by Trump's huckster attorneys spring directly from inaccurate interpretations of accurately reported exclusives at The BRAD BLOG many years ago, particularly in regard to American voting systems and Hugo Chavez.

By the time those defamation suits come to an expensive end, however, it's likely that both Powell and Giuliani will have been disbarred wherever they are currently still licensed to practice law. Just last month, for example, Rudy faced a hearing before the D.C. Bar Association where he is likely to be disbarred for the phony lawsuits he (and Powell) filed on Trump's behalf, falsely claiming fraud following the 2020 election.

Donald Trump's lawyers --- there are lots of them --- have been getting sanctioned in state and federal courts left and right over the past couple of years. But none, to my knowledge, have yet to be disbarred. That could be changing soon for both Giuliani and Powell. And, finally, as of last week, for John Eastman. He's the main attorney behind Trump's failed effort to have Vice President Mike Pence steal the election for him during the joint session of Congress on January 6, 2021, when Joe Biden's Electoral College victory was finally certified after the deadly insurrection at the U.S. Capitol.

Late last week, the State Bar of California announced that Eastman is being charged with "multiple disciplinary counts." He faces 11 charges arising from allegations that he "engaged in a course of conduct to plan, promote, and assist then-President Trump in executing a strategy, unsupported by facts or law, to overturn the legitimate results of the 2020 presidential election by obstructing the count of electoral votes of certain states." The Office of the State Bar's Chief Trial Counsel says he will seek disbarment of Eastman before the State Bar Court. This is serious stuff for an attorney.

We're joined today by former Utah Asst. Attorney General and former University of Utah associate law professor, MICHAEL TETER, who now serves as Managing Director for The 65 Project. The group, named for the approximately 65 failed lawsuits Team Trump filed after the 2020 election, describes its work as "a bipartisan effort to protect democracy...by holding accountable Big Lie Lawyers who bring fraudulent and malicious lawsuits to overturn legitimate election results, and by working with bar associations to deter future abuses by establishing clear standards for conduct that punish lies about the conduct or results of elections."

The group has filed ethics complaints against loads of scammy Trump attorneys across the country and, as Teter explains today, against elected officials who are also licensed attorneys, like Sen. Ted Cruz and Attorney General Ken Paxton, both of Texas, for their fraudulent legal efforts to steal the 2020 election for Trump and rob millions of Americans of their perfectly legal votes.

"It's a solid case," Teter tells me today, regarding the CA State Bar's case against Eastman. "There are no disputes about the facts, quite frankly. Everything that John Eastman was doing and engaging in in 2020 and early 2021 has been well-documented. Those efforts clearly violate the rules of professional conduct that every lawyer swears to abide by. There are no 'slam dunks' in this world, but I think this is a very strong case and the bar wouldn't have brought it forward if it didn't think so, as well."

We discuss how rare cases like these are --- or used to be --- and how much State Bars really aren't prepared for cases like these. It's one of the reasons, Teter explains, that it has taken so long to bring many of these Trump attorneys before the Bar.

"The disciplinary processes set up in the states are not set up in a way to protect democracy or protect the abuse of the legal system" the way Team Trump has abused it. Usually, he says, they examine one page complaints, where an attorney has overcharged a client or something. "The bars need to adjust their thinking and their approaches to make sure they are protecting democracy."

Teter argues that most of the cases brought by Trump and his attorneys after the 2020 election were never meant to win. They were simply meant to allow members of Congress and others to argue that the 2020 results were in dispute. "They knew they didn't have the law or the facts. They were using the court system as a political tool, as part of their propaganda."

"So when they lost these lawsuits it didn't create any disincentive to continue. They got out of them what they wanted," Teter explains. "These bar associations are not used to lawyers using the legal system in this way and they need to get caught up. They need to start thinking about the abuse of the legal system, the abuse of law licenses in this way."

We've got a lot to discuss today with Teter, including the remarkable number of Trump attorneys now facing court sanctions, disciplinary charges and potential disbarment. That, he says, has at least made it more and more difficult for Trump --- and his acolytes like failed 2022 Gubernatorial candidate Kari Lake in Arizona --- to find lawyers willing to represent them.

"MAGA has a new meaning now," Teter quips, "which is Making Attorneys Get Attorneys."

And finally today, as we're on the Trump Accountability beat again (was there ever a time when we weren't?), potentially good news out of New York today, where the Times reports that Manhattan District Attorney Alvin Bragg has begun presenting evidence to a grand jury seeking criminal charges against Trump himself, related to his hush money payoffs to porn star Stormy Daniels in the run up to the 2016 Presidential election...

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Some tea leaf reading was necessary on today's BradCast, but it's our consensus that the news out of a hearing today at the Fulton County, Georgia Superior Court is encouraging. [Audio link to full show is posted below this summary.]

BUT FIRST TODAY, maddeningly, we've got to run through the litany of mass shooting over just the past 24 hours or so, following the horrific massacre over the weekend at a dance hall in Monterey Park, near Los Angeles. Since covering that shooting which resulted in 11 dead and 9 injured on yesterday's program, the massacres --- most apparently carried out with semi-automatic weapons and extended magazines that allow at least 30 rounds to be fired in seconds --- have continued. Two more in California. Another in Iowa. Another in Washington state. Republicans continue to send their thoughts and prayers. Democrats continue to try and actually do something about the epidemic.

AND SPEAKING OF EPIDEMICS, apparently the mishandling of classified documents by former Vice Presidents is a bit of an epidemic. Today, it was Mike Pence's turn to announce that his attorneys found "a small number of documents bearing classified markings" stored at his new palatial home in Indiana. While CNN's report compares the situation to Joe Biden's in paragraph 3, one must read all the way to paragraph 13 before the former President is mentioned.

You may remember him. He's the one who, literally, stole hundreds of classified documents comprising thousands of pages, on purpose, when he left the White House. He then repeatedly refused to return them to federal government officials (to whom he lied) for more than a year, despite the government begging him to return them and being forced to subpoena them, before finally taking them by force via a federal search warrant finding probable cause that multiple crimes were under way by the former President.

Once again, we've got to provide appropriate context to the story today since corporate media continues to fail to do so. In brief, the Pence and Biden cases are ones in which they discovered they had several documents they shouldn't have had in their possession, likely stored there by aides without their knowledge. After discovering them, the former Veeps then notified authorities and returned the documents. That, of course, is nothing like the felony crimes that Donald Trump pulled off and, apparently, continues to pull off even today, with dozens of classified documents still known to be missing.

Our friend Marcy Wheeler, investigative national security journalist, provided a handy chart today to help a few of our failed corporate media friends out when attempting to report on these apparently totally confusing matters...

NEXT, we move to the fascinating --- and encouraging, we think --- hearing at Fulton County Superior Court today. Two weeks ago, a Special Process Grand Jury convened by Fulton County D.A. Fani Willis completed its work and was dissolved. After eight months of investigation and some 75 interviews with subpoenaed witness, the panel completed a report and submitted it to Willis and Superior Court Judge Robert McBurney. While Special Process Grand Juries in GA, unlike regular Grand Juries, are not empaneled to issue indictments, they may recommend such indictments in their final report.

The panel has been investigating efforts by Trump and his supporters after the 2020 Presidential election to strong-arm state officials into stealing results on his behalf after he narrowly lost in the Peach State. The probe was kicked off by Willis shortly after the release of Trump's infamous, January 2, 2021 phone call to GA Sec. of State Brad Raffensperger, asking him to "find" 11,870 votes "one more than we have" to steal the election for Trump and threatening the Secretary with legal action if he failed to do so.

In addition to that, the Special Grand Jury is believed to have been investigating calls made by other Trump allies to state officials; false allegations of election fraud proffered to state legislators; attempts to threaten and pressure poll workers into falsely confessing to fraud; the 16 Georgia Republicans who falsely claimed to be "duly elected and qualified" electors; the abrupt resignation of Trump's U.S. Attorney in Atlanta; and the unlawful breach and duplication of voting system software and data in rural Coffee County (as originally reported in detail on this program.)

Nobody other than Willis and McBurney (and the Special Grand Jurors) know what is in their report, but the panel requested that it be made public. Today's hearing in Atlanta was convened to determine if that would happen in full immediately, in part immediately, or not at all until sometime in the future. Willis and her office argued against immediate public disclosure of report, offering some tasty morsels as to why.

"We think, for future defendants to be treated fairly, it's not appropriate at this time to have this report released," Willis told the Judge. "At this time, in the interest of justice and the rights of, not the state, but others, we are asking that the report not be released because you, having seeing that report... [pause]...decisions are imminent."

What does that mean exactly? We discuss. Along with the counter arguments from an attorney representing media outlets such as the Atlanta Journal Constitution, New York Times and Wall Street Journal who argued today for the immediate public disclosure of the Special Grand Jury report. "We believe the report should be released now and in its entirety," argued the media intervenors' attorney, Tom Clyde. The question is difficult, given the rarity of Special Process Grand Juries in GA and the extraordinary circumstances of what they've been investigation. Judge McBurney is now considering his options. Willis is free to move ahead with indictments at any time, no matter what is ultimately decided about the report.

FINALLY TODAY, Desi Doyen has our latest Green News Report, with news on California's recently disastrous string of punishing storms; a new report on whether off-shore wind power is killing whales off the U.S. northeast coast; the high cost of weather disasters in the U.S. in 2022; and some good news for manatees off the coast of Florida...

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There has been a boatload of news from late on Friday, over the weekend, right on up to airtime before today's BradCast. That seems to happen a lot these days. In any event, we tried to keep up or get caught up with a whole bunch of it today, and to take calls from a diverse range of listeners on almost all of it.

Among the topics and news items we discussed today (along with a number of callers who saw some of these things differently than me...at least when their calls began)...

• The House GOP's dangerous plan to hold the nation's borrowing limit (and the nation's and world's economy along with it) hostage to their disingenuous demands to cut spending programs such as Social Security and Medicare. The White House is refusing to negotiate on the stupid, statutory debt limit, but should they?

• The corporate media's ridiculous coverage of some more classified documents discovered at Joe Biden's home over the weekend, thanks to a 13-hour consensual search by the DoJ that uncovered a few more documents. Despite the entirely different nature of this case as compared to Donald Trump actually stealing classified documents, refusing to return them, even after subpoenaed, and lying to officials about them, corporate media outlets --- and elected Democrats who are too cowardly to challenge them --- are painting the two cases as somehow similar. Or, at least, claiming that Biden's case means charges cannot not be be brought against Trump for some reason. As explained, that is absurd.

  In fact, this is the "Goofus and Gallant" of document scandals, as fans of Highlights Magazine from the dentist office of your childhood may remember. Goofus (Trump) stole documents and, when caught, lied and refused to return them. Gallant (Biden) discovered he had documents he wasn't supposed to have, promptly notified authorities and returned them. As explained today, if anything, that stark difference should make it more, not less likely that Trump is charged. Or even that both are charged. But to suggest Trump can't be charged now --- as media and some Dems are doing --- is patently ridiculous. We discuss. Including with callers. One of whom tells us she also got in trouble regarding classified documents that were accidentally mishandled by someone who worked with her.

• An 11th victim was pronounced dead shortly before airtime today in the mass shooting that took place at a dance hall Lunar New Year celebration in Monterey Park, just east of L.A. over the weekend. One interesting caller tried to make the case that the problem with all of these mass shootings is not semi-automatic weapons with extended magazines that can kill dozens of people within second. The real problem is mental health issues in America, he argued. Our conversation was very interesting, I thought. You'll let me know if you agree.

• Four more Oath Keepers were found guilty today of Seditious Conspiracy for their part in attacking the U.S. Capitol during the insurrection on January 6, 2021. The leader of that conspiracy, however --- the disgraced former President --- has yet to be charged.

• The idiot infamously photographed putting his feet up on the desk in then-House Speaker Nancy Pelosi's office during the Jan. 6 insurrection was found guilty today on all 8 counts on which he was charged after just two hours of jury deliberation. He also brought a weapon into the office with him and stole an envelope. Apparently, the jury didn't buy his "I was just looking for the bathroom" defense.

• A few thoughts on the nearly $1 million in sanctions slapped on Donald Trump and his attorney last week by a federal judge in response to a laughable dismissed-with-prejudice lawsuit filed by the former President against Hillary Clinton, James Comey and more than a dozen other FBI agents and elected officials. The largest single recipient of those sanctions will be Clinton, who Trump will have to give nearly $172,000 to. But Trump's litigation grift continues, as our own Ernie Canning wrote about here earlier this afternoon.

• Another reminder today as to why elections and democracy matter. On Friday, the newly-elected Attorney General and newly-elected Governor in Arizona --- both Democrats for the first time in years --- finally put the state's death penalty on hold, following an horrifically "botched" execution that took more than two hours to complete in 2014. Hopefully, this will eventually result in a full moratorium on the barbaric practice in the state. None of this would have happened had Republicans been elected as Governor or Attorney General last November.

• And, though I don't believe I raised the issue myself today, a caller rang in to explain why Russia's brutal invasion of Ukraine is actually all the fault of the United States...or something. I disagreed and explained why. But, in fairness, as we got to the call very late in the hour, I had to end it much sooner than I would have liked. Hopefully we can pick it up again with more time the next time we're able to open up the phone lines! Always happy to have the conversation and appreciative of all of today's excellent callers!

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"Everything Donald does is transactional," Mary Trump, a licensed psychologist and niece of the disgraced former President has explained.

A scathing federal court decision late last week, awarding nearly one million dollars in sanctions against Don the Con and his attorney in response to just one of his many recent frivolous lawsuits against perceived political enemies, underscores Mary's point. It also details how, since leaving office, 2020's biggest loser has engaged in and continues to engage in a litigation grift.

The withering 46-page order [PDF] handed down last Thursday by U.S. District Court Judge Donald M. Middlebrooks in Donald J. Trump v. Hillary Clinton, et al. does more than explain why the veteran federal jurist awarded an eye-popping $937,989 in attorney's fee sanctions against the former President and his New Jersey lawyer, Alina Habba. The erudite legal ruling also contained an in-depth discussion of more than a half-dozen other deceptive and frivolous lawsuits that this "predator" and "successful sociopath" filed against those he has long hoped to paint as enemies since leaving office.

In an attempt at reversing his more than 7 million vote loss at the polls, Trump and his allies filed and lost 61 out of 62 post-election lawsuits. The cases were so devoid of merit, so replete with deceptive allegations, that many of the former President's attorneys were later confronted with ethics complaints and sanctions ranging from fines, to censure and even disbarment.

In the aftermath of that debacle, a normal, non-sociopathic person would have slunk off towards oblivion, tail between his/her legs. Not The Donald.

From a "transactional" perspective, those 61 "losing" cases were a smashing success. They provided the failed President an opportunity to rake-in $250 million from his gullible "base".

But, along with imposing nearly $1 million in attorney's fees sanctions --- including almost $172,000 that Trump will now have to pay out to perhaps his greatest perceived personal nemesis, Hillary Clinton --- Judge Middlebrooks expressed the need to remediate the harm caused to the 31 named Defendants, whom he regarded as the victims of an "abusive" and "completely frivolous" complaint. His Honor eviscerated Trump's lawsuit as one "that should never have been filed"; a lawsuit that was drafted only "to advance a political narrative; not to address legal harm caused by any Defendant." The veteran and very able jurist also expressed a hope that the eye-popping amount of court sanctions might act as a deterrent.

Nonetheless, as long as Trump's litigation fundraising continues to rake-in enormous sums, it's unlikely that anything short of criminal prosecution for some of his many alleged crimes will ultimately accomplish that worthy goal. Maybe...

Today on The BradCast: Naturally. Now they're coming for citizen ballot initiatives too. They really do hate democracy, don't they?

But, first up today... As we await several criminal indictments hopefully headed the way of our failed, twice-impeached former President, an order released by a federal Judge in Florida last night was particularly satisfying.

It came in response to a motion for sanctions by Hillary Clinton, James Comey, Andrew McCabe, Peter Strzok and more than a dozen other defendants in a failed lawsuit filed by Donald Trump and his latest foolish attorney/sucker, Alina Habba, last year. In fact, the first version of Trump's suit was so deficient and devoid of facts or even actual charges, U.S. District Court Judge Donald Middlebrooks was kind enough to allow them to refile it before dismissing the second, longer, but no better version with prejudice.

On Thursday night, Judge Middlebrooks, in a blistering (and I mean blistering) 46-page order [PDF], explained why he was granting the defendants' request for sanctions. He began thusly: "This case should never have been brought. Its inadequacy as a legal claim was evident from the start. No reasonable lawyer would have filed it. Intended for a political purpose, none of the counts of the amended complaint stated a cognizable legal claim. ... Thirty-one individuals and entities were needlessly harmed in order to dishonestly advance a political narrative. A continuing pattern of misuse of the courts by Mr. Trump and his lawyers undermines the rule of law, portrays judges as partisans, and diverts resources from those who have suffered actual legal harm."

And that's just the first two paragraphs! It gets even more brutally scathing from there, before concluding with an order for Trump and Habba to pay nearly $1 million to the defendants for the "completely frivolous bad faith" suit brought for "an improper purpose" amounting to "abusive litigation tactics." Perhaps most fun: the single biggest award of fees for a single defendant went to Clinton, who Trump must now pay almost $172,000!

Then, in more serious news today... Progressive citizen ballot initiatives did exceptionally well in 2022, on everything from abortion rights to the legalization of marijuana to the expansion of health care. Yes, even in so-called "red" states. As it turns out, progressive ideas seem to be wildly popular among voters of all stripes! And there is likely much more to come in 2023 and 2024, on abortion rights, minimum wage, gun safety, independent redistricting commissions and much more.

Therefore, in a number of states where Republicans have locked themselves into power with gerrymandered legislatures, they are moving toward making such statewide exercises in "direct democracy" more difficult to get onto the ballot in the first place, and hoping to make them harder to adopt by raising the threshold for passage, for example, from 50% to 60% where they can get away with it.

We're joined today by CHRIS MELODY FIELDS FIGUEREDO, Executive Director of the Ballot Initiative Strategy Center to discuss both progressive successes on statewide ballot measures around the country in 2022 and what the GOP is now doing to try and prevent those successes from happening again.

"That was a huge moment last year in a trend that I know is going to continue as we look at 2023 and '24, where we really see, in many states, that our elected officials are out of touch with the people," Figueredo tells me. "And in most states where they tried to limit the ability of the people to bring forth issues to their community through the ballot measure process, in most cases those were rejected in the states. So there's a lot of opportunity ahead of us."

But, she cautions, "We are seeing a direct backlash to what is happening across the country, of progressive issues winning when they're put before the voters. We're not seeing those changes, which the people say are urgent and important, through our representatives in government, whether it's at city council, whether it's at the state legislative level, and even in the federal government."

We've got a lot to discuss on all of this, including where the direct democracy ballot initiative process has seemingly been captured by corporate interests (in states like California) and about the dozens of states which still don't even allow citizens to place measures on the statewide ballot at all.

I'm also curious how much of the new blowback against such initiatives Figueredo attributes to the number of them in recent years that have instituted independent redistricting commissions in hopes of breaking gerrymandered strangleholds that the GOP still has on many state legislatures. "You have to connect the dots," Figueredo responds. "I think this is ultimately the question that is before us right now in our democracy. Is it of, for and by the people? And who ultimately has the power to make decisions for all of us? That's what's at stake right now."

"It's ultimately this question about power. You can connect the dots. And if we are looking at the ballot initiative process, or the initiatives in general, as a tool for power in our democracy, then yes, if you are an elected official who does not agree with people who may be your constituents and it doesn't fit your agenda, then your next step would be to undermine or weaken the will of the people."

There is much more in our conversation today, including what the U.S. Supreme Court may soon do to gut all such statewide initiatives regarding elections in their upcoming Moore v. Harper decision. Please tune in!...

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Is there any amount of blatant corruption that would result in Ohio voters finally turning against Republicans? As we discuss in detail on today's BradCast, state GOP lawmakers seem to really be testing that question at this point. [Audio link to full show is posted below this summary.]

But, first up, speaking of testing voters, the Treasury Department made it official today. The U.S. Government has now hit its current, statutory borrowing limit. We are now officially using "extraordinary measures" to continue paying our bills to avoid defaulting on our debts. But that can only go on for so long. At this point, according to Treasury's best guess, the U.S. will see its first-ever default "before early June" unless House Speaker Kevin McCarthy and his Republicans in Congress cast a simple vote to raise the amount we are allowed to borrow so that we can pay for all the stuff that Congress and Presidents of both parties long ago agreed to pay for.

It's not hard. It's been done about 80 times since the 1960s, mostly without a problem. But now, with a Democrat in the White House and radicalized Republicans in control of the U.S. House, GOP hard-liners seem determined to play a dangerous game that could result in a national or even world-wide recession or depression. They are pretending to care about the national debt, after years of voting to increase spending while reducing revenue with huge tax cuts for corporations and the wealthy. Their performative actions now --- as they hold the nation hostage, demanding cuts to Social Security and Medicare --- will only make the national debt worse. Will voters remember, the next time they go to the voting booth, the damage the GOP seems hell-bent on causing?

We can only hope there will be some not totally insane, "moderate" Republicans left in Congress to join with Democrats to end this madness before its too late, because nobody knows how bad the damage will soon be if they don't. They are likely to run this up to the wire. Again. So, buckle up.

Meanwhile, there's Republican-controlled Ohio, with its totally not insane, supposedly "moderate" Republican Governor, Mike DeWine. He just signed legislation, passed by the GOP state legislature, redefining natural gas --- one of the worst causes of global warming --- as "green energy" under state law. Not insane or corrupt at all, right?

As it turns out, DeWine and state Republicans, once again, seem to be participants in another dark money corruption scandal courtesy of the fossil fuel industry. That, as the state's Republican former House Speaker, Larry Householder, begins his $60 million federal bribery trial next week. That, after Householder, former Ohio Republican Party chair Matt Borges, three others and a dark money political group controlled by Householder participated in "an elaborate scheme, secretly funded by FirstEnergy, to secure Householder's power, elect his allies, pass legislation containing a $1 billion bailout for two aging nuclear power plants, and then vex a ballot effort to overturn the bill with a dirty tricks campaign," according to prosecutors.

Householder shepherded the 2019 passage of the bill to bailout the nuke plants (and a coal-fired power plant) owned by FirstEnergy, a huge energy and fossil fuel conglomerate based in Akron. The bailout was to have been paid for with an additional fee on the utility bills of Buckeye State rate payers, according to the legislation that was signed be DeWine just hours after passage.

And now, it seems, DeWine has done it again. This time on behalf of the natural gas industry. But, why not? Last November, Ohio voters said they didn't mind all the corruption. DeWine easily won a second term in office and state GOP lawmakers increased their super-majorities in both chambers of the legislature.

But, just in case the voters get wise, DeWine recently signed a major overhaul of state election laws, implementing a series of new restrictions on voters. One of those restrictions, however, will make it more difficult for active-duty military members overseas to cast their votes without being disenfranchised. Oops. Military families are said to be furious. But do Republicans actually care about that either? Why would they?

Finally, Desi Doyen joins for our latest Green News Report with more details on DeWine's friendly payback to the natural gas industry; the European Union's new plan to try and compete with renewable energy incentives in the U.S. adopted last year by Democrats; and Germany's recent crack down on anti-coal protesters...

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On today's BradCast: With so many referrals of Republican members of Congress to House ethics investigators of late, is it any wonder the GOP and Kevin McCarthy just voted to gut the critical Office of Congressional Ethics (or OCE) as part of their new rules package for taking over the majority in the 118th Congress? [Audio link to full show follows this summary.]

At the end of last year, the bipartisan House Select Committee investigating the Trump-incited insurrection on January 6, 2021, recommended Congressional ethics investigations of then-Minority Leader, now-Speaker McCarthy (R-CA); Rep. Jim Jordan (R-OH), Rep. Scott Perry (R-PA) and Rep. Andy Biggs (R-AZ) for their failure to respond to lawful Congressional subpoenas. More recently, there have been calls for an ethics investigation of New York's newly seated Republican Rep. and pathological liar, George Santos.

Naturally then, as their first order of business when approving the chambers Rules Package last week, which will now be used to govern for the next two years, Republicans moved to all but kill the only investigative ethics body in the House with actual teeth, the OCE.

We're joined today for insight on all of this by longtime Government Affairs lobbyist on ethics, lobbying and campaign finance rules for good government group Public Citizen, CRAIG HOLMAN. He helps us understand the difference between the House Ethics Committee and the totally separate and independent Office of Congressional Ethics, and explains how Republicans have just implemented a "one-two punch to shut down" the latter and any real ethics investigations along with it.

"The ethics process in Congress, in both the House and the Senate, has historically been run by members of Congress themselves," Holman explains. "So we've got this permanent committee called the House Ethics Committee that is run by members of Congress who are very, very reluctant to be critical of their fellow colleagues. They operate in secret. They will do their investigations, sometimes, but we never really know what they found or what they ended up recommending because they operate in secret. The House Ethics Committee is literally designed to sweep ethics matters under the rug, so that the public doesn't know what's going on."

On the other hand, "In 2008, as part of the huge ethics and lobby reform package that we passed in the Honest Leadership and Open Government Act, we created an outside, independent Office of Congressional Ethics," he continues, explaining why the OCE is so critical. To be on its eight-member Board, you can't be a lobbyist or Congressional member. You must be a bona fide outsider. "It's staffed by eight board members --- four Republicans, four Democrats --- and it's done a phenomenal job at opening up the whole ethics process."

"Even though OCE doesn't have any actual enforcement authority, it does an actual investigation and then publishes the results of that investigation. And when it becomes public record, that has compelled the House Ethics Committee to actually do something." Holman observes that, since OCE's creation, actual enforcement actions by the House Ethics Committee has literally quadrupled.

Now, however, new rules adopted last week by House Republicans will force almost every Democratic member of the OCE's Board to step down, any replacements for them must be approved by at least four existing Board Members (which would now be 3 Rs and 1 D). Critically, Dems will have just 30 days find and to appoint those new members, hire staff and have it all approved by the Board. That, he explains, will be virtually impossible. "After that 30-day window, there's no staff. There's no investigators. There's no one able to do the work of OCE. It will effectively shut down OCE."

"It's a very strategic one-two punch to close down the ethics process," Holman argues. So, what does all of this mean for ethics investigations under GOP House rule over the next two years? And is there any way to either reverse the newly adopted rules or re-interpret them somehow in the GOP-majority Rules Committee? We discuss. But Holman describes the outlook as "grim" at this point.

Also on today's show...

• Virginia's Republican Governor Glenn Youngkin has killed a new Ford Motor Co. project to build electric vehicle batteries in his state. The new plant would have brought at least 2,500 new jobs to a rural area of the commonwealth which has been under development for years in hopes of attracting new industry. But the plant was to have been a partnership with a Chinese company. Youngkin, who is believed likely to run for a Presidential nod in 2024, claims the company is a secret front for the "Chinese Communist Party" and poses a threat to the security of Virginians somehow. Meanwhile the new Ford employees will be hired in a different state, and the 3,500-acre megasite in VA remains vacant after 15 years and more than $200 million in public development funding. Desi Doyen suggests that the oil industry's efforts to put the brakes on the EV boom also plays a part in this fiasco.

• Last week, Kansas' Democratic Governor Laura Kelly was sworn in for a second term in the usually "red" state. This time, however, she was joined by longtime immigration opponent, vote suppressor and GOP "voter fraud" fraudster Kris Kobach, who was sworn in as the state's new Attorney General. Kobach's long-sought political comeback --- after losing the Governor's contest to Kelly in 2018 and the GOP nomination for U.S. Senate in 2020 --- comes along with a $30,000 fine from the Federal Election Commission for election law violations during his failed 2020 election when he received unlawful help from a fraudulent private border wall group called "We Build the Wall". After embarrassing the state of KS, Kobach served as Board Member and General Counsel for the group which is, itself, facing fraud charges at both the federal and state level in New York (along with Board Member Steve Bannon). Other than that, of course, and the federal court sanctions he received while serving as SoS --- including orders to attend law school classes at the time --- there's a new sheriff in town in the great state of Kansas. I'm sure it will go very well...

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Seriously, what did you think was eventually going to happen after years of Republicans being lied to that elections were being rigged against them? Lots to discuss on today's BradCast. [Audio link to full show is posted below this summary.]

The shooting spree for now --- we hope --- has come to an end in Bernalillo County (Albuquerque) New Mexico with the arrest of a Trump fan boy and failed Republican state House candidate who lost his election last November by nearly 50 points. With the help of four others, he's allegedly been shooting at the houses of local and state Democratic elected officials over the past month and a half. He was finally nabbed on Monday night. Luckily, no one was killed in the at least four houses he visited and targeted.

Today, we tell the story and detail how elections work in the state (after their disastrous use of touchscreens back in 2000, they now use hand-marked paper ballots tallied by computer tabulators with results confirmed, theoretically, by hand-counted, post-election audits); how the shooter should have been more of a concern much earlier (even before Republicans nominated this dude who only recently ended a 7-year prison sentence); and the fact that none of what happened over the past coupla months in the state's most populous Dem-leaning County should really have come as a surprise. After more than two years of Donald Trump lying about "rigged" elections --- and the state Republican party lying along with him --- it's almost more surprising that this hasn't happened sooner.

It was, as Albuquerque Mayor Tim Keller observed at a news conference on Monday night after the arrest, "what we had all feared and what we had suspected --- that these shootings were indeed politically motivated." He correctly added: "They were dangerous attacks not only to these individuals … but, fundamentally, also to democracy. ... This was about a rightwing radical, an election denier ... And someone who did the worst imaginable thing you can do when you have a political disagreement, which is turn that to violence."

And, in another example today of why, when Republicans tell us what they are going to do, we should believe them: the GOP economic terrorists in the U.S. House, as Washington Post reported on Friday, are now making plans for crashing the nation's (and world's) economy by refusing to increase the U.S. debt limit this year.

Hopefully, there will be a large enough handful of not-insane Republicans in the House to work with Dems to raise it in order to pay for what the U.S. (Congress and Presidents of both parties) have already bought, so that we can avoid a first-ever default of U.S. Government debt payments. But, even the dangerous game that the hard-right, radical extremist Republicans are preparing for could send markets --- and the credit rating of the U.S. --- plummeting. As TPM's Josh Marshall smartly headlined a short item on some of these points over the weekend, paraphrasing an infamously ignored Presidential Daily Briefing from August of 2001: "House GOP Determined to Strike US".

Finally, with the seemingly endless storms in California finally ended, for now, we're back to the continuing water woes in the U.S. West. And it's not looking good for Arizona right now. Desi Doyen joins us for our latest Green News Report on that and U.S. solar manufacturing seeing a massive boost, thanks to legislation passed by Dems and signed by President Biden last year (and opposed by all Congressional Republicans); and Exxon scientists from the 70s, sadly, are proven to have been exactly right in their warnings about climate change. Unfortunately, Exxon paid millions to make sure you never heard about those warnings...

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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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Who says it never rains in Southern California? Evidence on today's BradCast would strongly suggests otherwise. [Audio link to full show follows below]

Repeated "atmospheric river" downpours continue to drench the Golden State for the second straight week, and will keep doing so through at least the weekend. Some 35 inches of rain have reportedly fallen in some parts of the state over the past two weeks after years of megadrought in the West, which the recent storms are, incredibly, still unlikely to make up for.

Hundreds of thousands of CA residents began Tuesday without power; tens of thousands were under mandatory evacuation orders; millions were under flood watches or warning; at least 15 people have been killed so far by the storms, flooding, hurricane-speed wind gusts and an uncountable number of fallen trees. That, as NOAA clocks in with a new report finding that, over the past seven years alone, there have been more than 122 separate climate-related disasters causing more than one billion dollars in damage and killing at least 5,000 people in the U.S. at the cost of more than one trillion dollars.

Imagine if we had decided to spend anywhere near that much to try and end the use of the fossil fuels that are causing this mess, or at least on efforts to mitigate the worsening effects of this climate crisis. Of course, that would have made paid supporters of the oil and gas industry mad. So, instead, we face these continuing deadly disasters, paid for with every more of your blood and treasure.

We discuss all of the above on today's program.

Also today, after pleading guilty to 15 counts of tax related fraud charges in New York and testifying against the Trump Organization, its longtime Chief Financial Officer (who is still paid more than a million dollars a year to work for them), Allen Weisselberg headed to Riker's Island today for no more than 5 months in the notorious state prison. The Judge who sentenced him on Tuesday said he regretted agreeing to such a short sentence in approving his plea deal last summer, after hearing him testify against the Trump Organization during the company's recent trial. "I would be imposing a sentence much greater," the judge said. ""I'm not going to deviate from the promise, though I believe a stiffer sentence is warranted, having heard the evidence." Trump's company was found guilty on 17 counts of tax fraud, but Weisselberg is the only one person from the company going to jail. For now. That, even though state prosecutors made clear during the trial that Donald Trump and his two sons, Eric and Don Jr., who ran the company while he served in the White House, knew about the massive, years-long tax fraud as well.

That comes after news broke last night that attorneys for Joe Biden recently discovered "a small number of documents with classified markings" on them, according to the White House. The documents, reportedly ten of them, were locked in a closet with other personal Biden family items at an office he used after his Vice Presidency. When the documents were discovered late last year, as the office was being cleared out, Biden's attorneys reportedly contacted the White House immediately and the White House notified the National Archives who took custody of the documents the following day. That, by way of stark contrast with Trump's hoarding of hundreds of classified documents; his refusal to return them to the National Archives, even after receiving a subpoena; and the disgraced former President's attempts to both lie about the documents and conceal them from law enforcement officials. Of course, none of that has prevented Trump's lackeys in Congress from disingenuously suggesting both cases were identical, but for the disparate treatment victim Trump received from the Justice Department. But, of course, selling such nonsense and lies is pretty much all those folks are good for at this point.

Finally, Desi Doyen joins us for our latest Green News Report, with more on California's extreme downpours; unprecedented flooding in Australia; and bad news about natural gas stoves...

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It's our first call-in show of the new year on today's BradCast, but we've got a lot of news to get to as well first. [Audio link to full show follows this summary.]

Among the bevy of stuff covered on today's program...

• Thousands in California face mandatory evacuations due to flooding and possible mudslides, with emergency declarations by the state's Governor and President Biden for more than a dozen counties. Some 8 inches of rain drenched some areas over the past 12 hours. A line of repeated deluges are expected to slam the otherwise drought-stricken state over the next week or more.

• Over the weekend, thousands stormed government buildings in Brazil in a January 6, MAGA-style insurrection in support of former President Jair Bolsonaro who recently lost his election to former Brazilian President, Luiz Inácio Lula da Silva (known simply as "Lula" by his countrymen). Bolsonaro has taken refuge near Donald Trump's Mar-a-Lago in Florida, as nearly 1,500 of his supporters were rounded up and arrested after Sunday's attempted coup. Democratic leadership in the White House and Congress condemned the attempt to undermine the peaceful transfer of power in Brazil. Republican leadership had yet to say a word as of airtime today.

• Speaking of Republican "leadership", GOP Rep. Kevin McCarthy gave away the store to his farther right wing late on Friday to finally win the House Speakership after an embarrassing 15 rounds of voting. But at what cost? We discuss a number of his concessions, what they are likely to mean for McCarthy and his party, and for the rest of us going forward, with nation's debt ceiling and much more hanging in the balance. McCarthy's late night victory on Friday, January 6th 2023 (and into the early Saturday morning hours) came two years to the day after the Trump-incited insurrection at the U.S. Capitol. It also came on the evening after Republicans failed to turn out for the second-year anniversary memorial, recognition event on the Capitol steps for 140 law enforcement officials who were injured or died during and after the Republican riot. During McCarthy's acceptance speech as Speaker, he also vowed to defund federal law enforcement. His GOP colleagues cheered in response.

• As the 118th Congress finally got under way on Monday, Republicans are expected to use their very slim majority to investigate Joe Biden's family and the so-called "weaponization of the federal government" against Twitter and other social media outlets...ironically enough, from during the time that Trump controlled the FBI. As explained on today's show today briefly (and I suspect we'll have to offer more details in the weeks and months ahead), claims being made by the liars on the Right (and a few misled and/or confused folks on the Left, sadly) that "Twitter was paid to practice censorship by the government and ban people the government did not like," is evidence-free nonsense. But you'll be hearing a lot of those false claims, as based on the so-called "Twitter Files" they misleadingly cite as evidence. That, even though the files in question, at least to date, reveal nothing of the sort.

• Relatedly, at least one of the far-right Freedom Caucus Members, its chair, Rep. Scott Perry (R-PA), hopes to sit on a new Congressional Committee to investigate the federal investigators probing Donald Trump's many crimes related to his attempt to steal the 2020 Presidential election and his theft of classified White House documents. That, even though Perry has had his phone confiscated as evidence by the FBI and faces potential criminal charges for his role in the J6 insurrection. He sees no conflict of interest in sitting on that Congressional panel.

• In Michigan on Friday, Attorney General Dana Nessel, tired of waiting for the Feds to act, has announced plans to reopen her own investigation into the fake electors plot in her state after referring the matter to the U.S. Dept. of Justice one year ago.

• And in Georgia, the Special Grand Jury convened by Fulton County District Attorney Fani Willis has now wrapped up its work. According to a state judge, they have delivered their report on who, if anyone, should be indicted in the broad conspiracy led by Donald Trump and many of his top supporters to strong-arm state officials into overturning the election he lost there in 2020. Special Grand Juries in the state may not issue not issue indictments. So Willis must now decide if she wishes to seek indictments from a regular grand jury, and the judge overseeing the matter must decide if the Special Grand Jury's report should be publicly released, as they have requested.

• Finally, callers ring in on all of the above and more for the first time since the turn of the new year!...

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It's January 6 again, so our "weird annual tradition," as our guest describes it today, continues on The BradCast. Sadly, so does the GOP's continuing threat to American democracy, two years after the deadly assault at the U.S. Capitol. [Audio link to full show follows below this summary.]

First up, it is also Day 4 of the House Republicans' failures to select a Speaker. There were some breakthroughs for GOP leader Kevin McCarthy on Friday, however, after 13 unsuccessful ballots (for the first time in 134 years). His desperation to give away pretty much everything in exchange for winning the weakest Speakership in history earned him another 15 votes or so from his GOP opponents. And, with that, he was finally able to get more votes than Democratic House leader Hakeem Jeffries. Nonetheless, he was still shy of a majority as we went to air today. So, the "Never Kevins" are still winning the day and the 118th Congress is still unable to get underway.

As one Democratic member, elected last November for a third term, noted about his time, so far, in Congress: "1st term started with a GOP-led govt shutdown. 2nd term started with a deadly insurrection incited by the former Republican president. And my 3rd term has yet to begin due to @HouseGOP’s failure to elect a speaker. Notice a pattern?"

All of this on the second anniversary of the deadly, Donald Trump-incited insurrection at the U.S. Capitol back in 2021, as one of his last, desperate, failed attempts to steal the Presidency from the American people.

A memorial was held by House Democrats outside the Capitol today, in remembrance of those law enforcement officials who lost their lives while, and just after, defending it on January 6, 2021. We observed no Republicans at the ceremony.

At the White House, President Biden marked the occasion by awarding 14 individuals with the Presidential Citizens Medal. The awardees including three law enforcement officials who lost their lives and five who were critically injured that day. Also, a collection of bipartisan election officials, poll workers and others who defended the 2020 election at great personal threat, after being personally targeted by the former President of the United States and his supporters were honored as well. We share an excerpt from Biden's remarks today on the need to continue defending democracy and recognizing those who "stand watch" over it.

Finally, our "weird annual tradition" of visiting with the author and longtime Philadelphia Inquirer national columnist WILL BUNCH on January 6 continues today. He was with us on the program as the Capitol was under attack back in 2021, initially to talk about a different insurrection of sorts by Republicans at the state Senate in Pennsylvania.

Today was the third January 6 in a row he was able to be with us, and we focused today on the still-missing accountability for the ringleaders of the 1/6/21 attack, and on his latest column tying together that assault on democracy with this past week's GOP chaos and failure to select a Speaker in the U.S. House. They are all, it seems, of a piece, suggests Bunch, noting "the irony of this going on during the January 6 anniversary."

"No matter what sound minds want to get done, this band of obstructionists is in control," he argues. Citing them as "the spoiled children of Trumpism," Bunch says, "I would call them nihilists. They really believe in nothing other than their own air time, raising their own profile."

"Everybody in this [GOP House] leadership group voted to throw out people's votes in the 2020 election," Bunch, a resident of Pennsylvania, whose vote they tried to steal from him on January 6, 2021, notes. And it's not only those who tried to undermine democracy two years ago who have still failed to be held accountable. "The five freshmen who voted against McCarthy all ran as Trumpified election deniers."

"I mean, is it against the law to overthrow the government or not?," Bunch quips today, only somewhat rhetorically.

"The common thread is minority rule," he goes on to observe. "They believe they have some kind of divine right. It's really linked to these hierarchies of American life --- white supremacy, or white privilege, the patriarchy and other things. Running for office as the protectors of that. You're not going to do anything affirmatively to help people. You're just going to stop these people you see as destroyers of your way of life, your culture. It doesn't matter who gets the most votes, because the culture is more important than democracy. I think that motivates these people."

We discuss all of that and much more, as both Bunch and I share our frustration and hope that those who created all of these messes may finally face accountability some day soon...

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The last time multiple ballots were needed for any party to elect a House Speaker, a century ago in 1923, it took nine ballots to settle the matter. Today, before we got off the air from today's BradCast, Republican leader Kevin McCarthy had failed to secure a majority on the eleventh ballot. [Audio link to full show follows this summary.]

Not all hope is lost. There's still the all-time record of 133 ballots over two months in 1855-1856 that today's Republican Party has yet to break. Give them time.

So, the 118th U.S. Congress has not yet been gavelled into existence. But that's not the only place where Republicans seem to be tripping over their own legislative [bleeps].

On today's program...

• Up-to-the-minute coverage of the madness and idiocy of Day 3 in the Republican-led House; how the 20 far-right anti-McCarthyites are shooting themselves and their party in the foot; what McCarthy has already given away (pretty much everything) in his still-failed effort to win them over; how Trump may be the biggest loser of all here; the Democratic Party's continuing unified support for leader Hakeem Jeffries (the lead vote-getter, with 212 votes, on each and every ballot to date); why all of this is important and the dangers ahead; a reminder of what the nation is now missing without Dems in control of the chamber; and the question of whether Dems should help McCarthy win the Speakership in exchange for a promise to raise the debt ceiling to avoid a national and potentially global depression, as suggested by Rep. Brad Sherman (D-CA).

• In Pennsylvania on Thursday, Democratic Gov.-Elect Josh Shapiro tapped former Philadelphia city commissioner and election official, Al Schmidt, a Republican, to serve as Sec. of the Commonwealth.

• Also in the Keystone State this week, Democrats in the State House have out-maneuvered Republicans to seat a House Speaker. In a surprise victory last November, Dems won back the majority from the GOP for the first time in a decade, but only by one seat. Then, one Democratic member died and two others vacated their seats for higher office. Until special elections to fill those three seats can be scheduled, both parties were claiming the majority and the right to run the House, set the legislative agenda, and schedule the special elections, which will likely result in a clear majority for the Dems after they are finally held. But Dems were able to win over some Republican votes to elect one of their own as Speaker in a surprise victory this week.

• In another surprise victory for Democrats, this time in the very Republican Ohio state House, Democrats out-maneuvered the GOP again by voting en masse with a group of Republicans to elect a more moderate Speaker than the one the GOP had chosen as their leader just last month. The power struggle comes in the wake of a still-unfolding racketeering scandal for the GOP as the state's former Republican House Speaker, Larry Householder, begins a federal trial this month with his co-defendant, the former Chair of the Ohio Republican Party, regarding $61 million in alleged bribes to pass legislation to help bail out energy giant, FirstEnergy.

• Finally, Desi Doyen joins us for our first Green News Report of the new year, with a ton of stuff we missed over our holiday break, and a bunch of stuff that has happened since our return, including the roll out of billions of dollars in infrastructure upgrades and new incentives for consumers to move to clean, renewable energy, as adopted when Democrats controlled both chambers of Congress...

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The violence was no accident. It was not a peaceful protest that spun out of control. Instead, as Rep. Elizabeth Cheney (R-WY) observed, in explaining her Jan. 11, 2021 vote to impeach, a then "President of the United States summoned the mob, assembled the mob, and lit the flame for this attack." It was, by the former President's deliberate design, a violent insurrection.

In its Executive Summary [PDF] released last week, the bipartisan House Select Committee to Investigate the January 6th Attack on the United States Capitol amplified its referral to the U.S. Department of Justice for potential prosecution of former President Donald J. Trump et al. under provisions of 18 U.S.C. §2383 - Rebellion or Insurrection, which expressly applies to anyone who "incites" an insurrection.

"A Federal Court", the Committee observed, "has already concluded that President Trump's statements during his Ellipse speech were "plausibly words of incitement not protected by the First Amendment."

Those "words", uttered by the then President on January 6, 2021 at what was billed as a "Stop the Steal Rally" at the Ellipse near the White House, included 22 occasions in which Trump urged his supporters to "fight". He told them: "We fight like hell. And if you don't fight like hell, you're not going to have a country anymore." Trump offered those words to an angry, armed mob gathered in D.C. that morning after his lawyer, Rudy Giuliani, at the same rally, called for "trial by combat."

While not mentioned in the Committee report's Executive Summary, the video recordings of the rally reflect that, as the former President was speaking, the crowd chanted: "Fight for Trump! Fight for Trump!"

Trump knew those he'd summoned to Washington D.C. on Jan. 6 were both armed and dangerous. According to Cassidy Hutchinson, an aide to then Chief of Staff Mark Meadows and one of the J6 Committee's star witnesses, Trump became irate when "thousands would not pass through the magnetometers" at the rally site, which had been erected by the Secret Service for his protection. She testified that the former President said: "I don't F'ing care that they have weapons. They're not here to hurt me."

Given the totality of the evidence assembled by the Committee over the past 18 months, detailing Trump's multifaceted effort to overturn and steal the election from the American people in order to retain the Presidency, a prosecutor would be well positioned to argue that, when Trump directed thousands of angry and armed supporters to move to the Capitol, he was extolling them to essentially carry out a violent coup and that the words uttered at the Ellipse were, indeed, "incitement" within the meaning of the Insurrection statute.

Indeed, his reported irate antics in response to his Secret Service detail's refusal to permit him to accompany the mob at the Capitol, suggests that the former President saw his own role as that of an insurrectionist Commander in Chief --- someone who could direct the actions of an armed mob that included members of extremist militias clad in tactical gear.

As defined by the U.S. Supreme Court in Brandenburg v. Ohio (1969), however, speech is prohibited only where it is (1) "directed at inciting or producing imminent lawless action", and (2) "likely to incite or produce such action." [Emphasis added.]

That definition provides room for Trump's legal counsel to argue the former President merely told the crowd to "go to the Capitol"; that it wasn't an incitement to "imminent" violence.

However, that plausible defense evaporated on Jan. 6, 2021 at 2:24 p.m. when Trump tweeted...

Before our Holiday Hiatus, we wrap up the year on today's BradCast with a look both back and forward along with one of our favorite regular guests. [Audio link to full show follows this summary.]

But, first up today, I've noticed a number of folks from what I describe as the Left's "Contrarian Industrial Complex" --- comprised of some of the same folks who, like most of the Right, also fell for Trump's cons about Russia, COVID, 2020 election fraud, etc. --- now falling for the many new cons and lies being propagated by Latter Day Trump, Elon Musk, on Twitter.

The continuing public prat falls from the world's previously richest man (at least until he bought Twitter for about $30 billion more than it was worth, began driving it into the ground, along with the stock price of Tesla) are too numerous and ridiculous to detail here tonight. But one of Musk's latest and greatest scams at his social media site since since taking it over and blowing it all up deserves quick notice today. Specifically, the scam that resulted in Musk's temporary "permanent suspension" of a number of top journalists late last week, including recent in-studio BradCast guest, Steve Herman of Voice of America.

As you probably know, those suspensions happened as part of the fallout from what Musk described as a stalker incident that threatened him and/or his family. He blamed it on a Twitter account that tracks the whereabouts of his private jet based on publicly available data. He likened the posting of that information as "assassination coordinates" and then banned journalists from Twitter who had simply reported on his original suspension of the @ElonJet account.

As it turns out, however, Washington Post dug into the story over the weekend to report that the original incident appears to have had absolutely nothing to do with that Twitter account. Two of its journalists, both of whom had also been suspended by Musk, report that the incident between the alleged stalker and a member of Musk's security team actually "took place at a gas station 26 miles from Los Angeles International Airport and 23 hours after the @ElonJet account had last located the jet’s whereabouts."

Moreover, The Guardian reports today that Musk's tweet about the "crazy stalker" who supposedly followed a car carrying one of his children, may have been even more misleading than previously known. According to their report of a statement obtained from the South Pasadena Police Department, "a member of Elon Musk’s security team is currently a suspect in the investigation, not a victim."

The full story --- and its subsequent fallout, including Musk holding a poll on his Twitter account on Sunday in which a majority of users voted for him to step down as Chief Twit --- is sort of the perfectly insane way to end 2022. Whether at the social media site at year's end or in the U.S. House of Representatives next month, when the GOP is set to regain a slim majority, "the inmates have literally taken over the asylum," as our guest notes today.

We're joined for our final show of the year by old friend, award-winning Salon columnist and Hullabaloo's OG blogger HEATHER DIGBY PARTON. She's been with us for post-game analysis following every single one of this year's ten or so hearings held by the bipartisan House Select Committee investigating the January 6th, 2021 insurrection at the U.S. Capitol and the former President's many failed attempts to steal the 2020 Presidential election from the American people. She joins us once again today for that and more.

Among the topics of today's lively discussion...

• The House J6 Committee's unprecedented referral of a former U.S. President on four criminal charges, including Insurrection, to the U.S. Dept. of Justice at their final hearing on Monday;
• The critical importance to the nation of real accountability for Donald Trump;
• Whether potential criminal charges against him will hurt or help his political fortunes for 2024;
• The extraordinary success of the House J6 Committee as its mission comes to a close along with this session of Congress;
• Whether GOP House leader Kevin McCarthy will actually be able to close the deal this time and win the Speakership in 2023 among his fractured caucus (and what may happen if his caucuses asylum inmates have their way);
• What we should expect from the Democrats' new leader in the House, Rep. Hakeem Jeffries;
• And how to make any sense at all of Elon Musk and his ever-increasing Twitter madness.

Finally, Desi Doyen delivers what is also our final Green News Report of 2022, with all of the good news and bad (even at holiday time!), that you've come to expect from the nation's preeminent, twice-weekly, six-minute environmental radio news feature.

Please enjoy the show. We'll see you next year. And here's to a happy and healthy holiday season for all and perhaps a less insane 2023...though I wouldn't count on it...

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