The long-awaited trial over Georgia's vulnerable voting systems has finally come to a close. As reported on today's BradCast: Last month, one of the plaintiffs' experts demonstrated in court that the state's vulnerable touchscreen voting systems can be hacked in about 5 seconds by one person, with nothing more than a ballpoint pen. And the state, for its part, defended itself by demonstrating that apparently nobody --- nobody! --- is in charge of cybersecurity for the statewide computerized voting systems used by every voter at every polling place in the critical battleground state. [Audio link to full story follows below this summary.]

After a few quick news updates at the top of the show --- including on the climate change-fueled atmospheric river raining down on us out here in Southern California today --- we're joined LIVE in studio by Free Speech for People's Senior Advisor on Election Security, SUSAN GREENHALGH, on the heels of the three-week civil trial in federal court that finally wrapped up late last month.

The case, originally filed way back in 2017, is called Curling v. Raffensperger. Plaintiffs are election integrity experts (real ones, not pretend Trump ones) challenging the use of Georgia's touchscreen voting systems, hoping to force the state to move from vulnerable, unverifiable touchscreens to verifiable hand-marked paper ballots before the 2024 Presidential election. Greenhalgh has been advising plaintiffs in the case for a number of years. She was in the courtroom in Atlanta last month for much of the trial which began on January 9 and ended just over a week ago. (Daily court transcripts for each day of the trial are now posted here.)

The suit is led by the Coalition for Good Governance, a non-partisan election watchdog group headed up by frequent BradCast guest Marilyn Marks. It was during the course of pre-trial discovery that Marks discovered that Trump-lawyer Sidney Powell, and others on Team Trump, actually organized a scheme to breach the statewide voting systems in the Coffee County, GA elections office beginning on January 7th, 2021. The were given access to the systems by the local elections supervisor at the time and proceeded to copy its sensitive software before distributing it to parts unknown across the Internet. The unprecedented breach of GA's touchscreen voting systems and the central Election Management System (EMS), was never actually investigated by Sec. of State Brad Raffensperger's office. It did, however, result in criminal charges against five co-conspirators among the 18 others charged along with Donald Trump in Fulton County, GA's broad felony indictment for his failed attempt to steal the state's 2020 Presidential election.

This civil case, however --- filed in federal court long before Trump pretended to have won the 2020 election --- seeks only to end the use of the state's vulnerable Dominion touchscreen systems. During the course of the trial, the plaintiff's expert, Dr. Alex Halderman, long time cybersecurity and voting system expert from the University of Michigan, demonstrated how he could take over control of one of the voting machines with little more than a ballpoint pen, without violating any of Georgia's security protocols or so-called "tamper evident security seals." In just seconds, Halderman revealed to the court how he could achieve "Super User Access" on the machines, allowing a bad guy to insert malware or take over any other number of system functions in that administrative mode. (Halderman has made clear he has found no evidence of fraud in GA's 2020 election.)

During the course of the trial, as Greenhalgh reports today, the state's Election Director conceded he didn't even know such a hack was possible, despite a detailed report Halderman submitted in the case several years ago. The State Election Director, apparently, never bothered to read it.

The State, however, for its part, maintains their systems are completely secure, despite a mountain of expert evidence to the contrary. Sec. of State Raffensperger is responsible for mandating the use of these machines for every voter at every polling place in the state. That, after the same judge in the same case, back in 2019, banned the use of the state's 20-year old touchscreens made by Diebold. Rather than move to hand-marked paper ballots, Raffensperger ignored the advise of cybersecurity and voting system experts and replaced the old Diebold touchscreens with new ones made by Dominion, with many of the same (and additional!) security flaws as the old systems.

During the course of the trial, as Greenhalgh breaks down today, nobody from the Office of Sec. of State was willing to identify who was in charge of cybersecurity for the 35,000 voting machines used across Georgia. "There was a bit of a 'Who's On First' routine" during the trial, she explains. The State Election Director, for example, testified that cybersecurity was the job of the State's Chief Information Officer (CIO). The CIO, however, testified that wasn't part of his portfolio, pointing back at the State Election Director. Raffensperger's office finally seemed to have settled on Dominion as the ones who were in charge of cybersecurity for Dominion voting systems in GA, the same company who created the vulnerable systems in the first place. "The Fox guarding the hen-house," quipped Greenhalgh.

Nobody from Dominion testified during the trial, she explained. And Raffensperger was similarly allowed to avoid testimony after appealing the District Court's mandate to do so up to the 11th Circuit Court of Appeals, which allowed him off the hook just days before the trial finally got underway. That, as his offices refuses to apply security patches urgently recommended by the U.S. Cybersecurity and Infrastructure Agency (CISA) based on the information in Halderman's report on GA's voting systems.

During the course of the trial, the judge, says Greenhalgh, cited "inconsistent candor" of state officials. As to the Coffee County Breach, she notes, the Sec. of State's "investigator got up on the stand and, under oath, said, 'I was told to hold off and not investigate.' He was asked specifically: 'So, did you perform any investigation activities?' 'No.' 'Did anyone else?' 'No, not to my knowledge...No, there was no investigation.'"

As you can tell, there is much to discuss with Greenhalgh on today's sorta mind-blowing edition of The BradCast, after the State's Defense rested and we now await a verdict from U.S. District Court Judge Amy Totenberg. That ruling could finally come...well, whenever. No rush. The Presidential Primary in Georgia is on Super Tuesday, March 5, exactly one month from today. Is it possible a ruling could come in time to save the 2024 general election this November?

We discuss all of that and much more with Greenhalgh on today's program. Buckle up...

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Only a month has passed since the U.S. Supreme Court agreed to hear, on an expedited basis, a legal challenge to the Colorado Supreme Court's determination that Donald J. Trump is disqualified from holding any state or federal office by reason of §3 of the 14th Amendment.

Both the CO trial and state Supreme Court expressly found that Trump "engaged in" an "insurrection" on January 6, 2021. The CO Supremes ordered Trump's name removed from the Centennial State's Republican presidential primary ballot. However, the CO Supreme Court stayed their order pending the outcome of a final determination by SCOTUS.

A final SCOTUS decision will likely have profound electoral and constitutional impacts, irrespective of whether our nation's highest court upholds or overturns the CO Supreme Court's ruling...

Legislation is hard. It involves compromise and stuff. But the bulk of Republican state Senators in Oregon won't have to worry about that anymore. At least for a few years. Also, stealing money from your duped political donors to cover your mountain of legal fees to defend your law breaking appears to be very easy if you are the disgraced former President. And, a whole bunch of landmark climate and energy successes under Joe Biden that you likely haven't about, but should have. Those are just some of the many news stories covered on today's BradCast. [Audio link to full show follows this summary.]

Among them...

• As of airtime, we're still waiting for (sorta overdue) key rulings on Donald Trump's ridiculous "Presidential Immunity" claims at the DC Court of Appeals and on how much Trump and company (and sons) will have to pay up in New York's $370 million bank fraud suit against them. In the meantime, Trump has lost again today in court on an entirely different matter. This time in London, where his lawsuit against the Steele Dossier's author was summarily dismissed by a UK judge (just as the similarly absurd suit filed by Trump against Christopher Steele, Hillary Clinton and top FBI officials was rejected by a U.S. judge in 2022.)

• All of those failed lawsuits, and defending himself against civil cases and four criminal felony indictments is costing Trump's gullible dupes/supporters a lot of money. New FEC filings released today reveal that Trump spent/blew $27 million of his donors' money on personal legal bills in the second half of last year, bringing the total amount of campaign donor money used for legal fees in 2023 to about $50 million. That number is expected to be much higher in 2024, giving the phrase "chump change" a whole new meaning.

• The Oregon Supreme Court, on Thursday, determined that 10 Republican state Senators may not run for office in 2024, after violating a 2022 state Constitutional Amendment adopted by voters in a 36-point landslide that year. The measure bans state lawmakers from running in the next election after they've accrued more than 10 unexcused absences. The GOP state Senators in question walked out for a record 6-weeks in 2023 in hopes of blocking legislation on abortion rights, LGBTQ rights and gun safety, delaying or killing hundreds of other bills in the bargain. The state Senate currently has only 12 Republicans. Ten of them, including the chamber's minority leader, are now barred from running for reelection this year.

• The U.S. House passed a bipartisan bill! It is compromise tax legislation. Republicans agreed to offer modest tax relief to low income families with children, so long as Democrats agreed to extend huge tax breaks to wealthy corporations and small businesses. Nobody got everything they wanted, and the legislation, adopted on Wednesday by a lopsided 357-70 House vote, will almost certainly change or be killed altogether in the Senate. But that's how legislation works. Or is supposed to work. Or used to work. And, for one day this week, incredibly enough, it did again. We discuss why it did.

• "Government, in a large, wealthy, functional modern democracy, is pretty boring. Lots of bureaucracy, lots of agencies, lots of complexity, lots of rules, mostly incremental change. It's not particularly dramatic," noted our friend climate and energy journalist David Roberts on Twitter on the last day of the year. "That makes it a very poor fit for the dynamics & demands of modern media, especially social media. Drama, outrage, sweeping counterintuitive generalizations --- these are the coin of the realm. No one gets clicks by celebrating the workaday operation of the gov't machine," he continued. "Consequently, boring democratic governance --- perhaps the greatest advance in collective human welfare in history --- has no day-to-day defenders. Basically everyone is incentivized to take it for granted."

  Of course, we are defenders of that "boring democratic governance" and we don't take it for granted. Roberts was linking to a lengthy --- and wildly enlightening --- thread from former professor turned White House clean energy policy advisor Costa Samaras, who detailed a stunning year-end list of positive, landmark environmental actions and initiatives undertaken by the Biden-Harris Administration in the wake of passage of the Bipartisan Infrastructure Law and the Inflation Reduction Act (adopted only by Democrats). If you think Biden has done little for climate and clean energy you may want to review Samaras' list.

  Just one of dozens of examples: "The Inflation Reduction Act & @POTUS' agenda have supercharged U.S. grid-scale energy storage. Before the Biden-Harris Administration, grid-connected energy storage was basically zero. This year there will be 9 Hoover Dams worth of batteries on the grid. Next year: 16 Hoover Dams."

• Finally, Desi Doyen is here with our latest Green News Report, as the Saudis nix expanded production (and lower gas prices) in time for this year's Presidential election in the U.S.; Millions of Americans are found at risk of toxic chemical freight train disasters; EU phases out dirty heavy-duty diesel trucks by 2040; and the Biden Dept. of Energy issues new rules to save gas stove users thousands of dollars in efficiency improvements (while taking no one's gas stove away from them, Fox "News"!)...

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If, by now, you don't realize that Republicans are attacking both democracy and the rule of law itself in this country, I don't know what world you live in. But on today's BradCast we've got two fresh --- and disturbing --- examples/warnings. [Audio link to full show follows this summary.]

FIRST UP today: Did the far-right, pro-Trump propaganda outlet called One America News (OAN) obtain passwords for employees of voting system vendor Smartmatic and then share them with Trump attorney Sidney Powell after the 2020 election? That appears to be what Smartmatic is charging in recently filed court documents, according to CNN, as part of its billion dollar defamation lawsuit against the fake Trump TV "news" outlet.

OAN was just one of many such rightwing outlets that echoed and forwarded Team Trump's false claims of election fraud in 2020. OAN was particularly aggressive in their evidence-free mission to hoax viewers into believing that systems made by Smartmatic and Dominion, another voting system vendor, flipped votes to help Joe Biden that year. The claims against Smartmatic were particularly absurd, given that the company has just one contract in the U.S. for voting systems. That is here in Los Angeles County, were Biden reportedly defeated Trump in 2020 by nearly 2 million votes.

As explained today, however, the reason that the pretend "election integrity" advocates who emerged on the right following 2020, only to offer evidence-free claims and falsely tie Smartmatic to Dominion (and Venezuela's dead former President Hugo Chavez), is likely thanks in no small part to some exclusive reporting we did on the two companies here at The BRAD BLOG, circa 2008 to 2010, which was cited and bastardized by Powell and others on the right after 2020. You're welcome!

NEXT UP: A new legal chapter in a story that deserves much more coverage than it has received to date. In one respect, it's not surprising that it hasn't received much coverage, given that it is based on an absurd legal premise --- one already rejected by the U.S. Supreme Court --- that few thought would ever advance beyond the Trump-appointed U.S. District Court judge who initially gave it credence in a redistricting lawsuit filed by the ACLU on behalf of the NAACP against the state of Arkansas in 2022.

In short, the case was dismissed [PDF] before reaching the merits by U.S. District Judge Lee Rudofsky on the novel grounds that neither voters nor private organizations like the NAACP have the right to sue to enforce Section 2 of the Voting Rights Act. Only the U.S. Attorney General may do so, according to the Rudofsky. That news must have come as a great surprise to the hundreds of private plaintiffs who have successfully hundreds of such cases since adoption of the landmark Act in 1965. It also may come as a surprise to the U.S. Supreme Court which, as recently as last June, ruled in favor of private litigants in a redistricting lawsuit against the state of Alabama. Congress is likely shocked as well, given they have reviewed, rewritten and reauthorized the VRA several times since 1965, without ever noticing there was no private right of action to enforce the law.

While the initial ruling was ridiculous enough, a split decision by a three-judge panel on the 8th U.S. Circuit Court of Appeals in November, incredibly, allowed the lower court ruling to stand. But it got even more absurd this week, when, on Tuesday, the full en banc 8th Circuit Court of Appeals voted 7 to 3 deny a rehearing of the matter, upholding the original lower court's radical, unprecedented ruling. The ACLU described the ruling as "appalling and unjustified," after "More than 400 Section 2 cases have been litigated in federal court in the past four decades to protect the voting rights of racial and language minorities. Private plaintiffs have brought the vast majority of them."

The 8th Circuit, comprised of 10 Republican appointees and one appointed by a Democrat, is not even considered the most radical in the nation. That would be the 5th Circuit Court of Appeals which has recently rejected the notion --- along with SCOTUS --- that there is no right to private action for voters to sue under Section 2.

We're joined today by CHRIS GEIDNER, longtime legal journalist at Law Dork, to explain this gob-smacking series of rulings and what they mean moving forward, as the matter almost certainly will head to the U.S. Supreme Court. For now, the ruling is the law of the land "only" in the seven states that comprise the 8th Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota). That could change, however, once the notoriously anti-VRA High Court gets a crack at this case.

Geidner decries the "out-of-control" appeals courts which seem to no longer believe it is necessary to follow long-standing precedent, if it regards laws that they don't like. "And then things go up to the Supreme Court," he charges, "and it's almost a win-win for the conservatives on the Supreme Court because if they reverse one or two of every three ridiculous decisions, they are able to set themselves up as a 'moderating' force that pulls back the extremes, while they are still letting one of every three extreme rulings go through."

"One of the underlying bases for a legal system is stability," Geidner tells me today. "When you have a legal system that is in such upheaval that lower courts have been told from the Supreme Court that 'No precedent is too sacred. We will overturn any precedent if we decide it should be overturned,'" that leads appellate courts to think that "if there's a chance that their opinion can lead to a revisiting of a precedent that they think is wrong, why wouldn't they go for it?"

"The answer," he notes, "is the rule of law, and they shouldn't. That's up to the Supreme Court, and until the Supreme Court does it, they need to follow precedent. But that's not the world in which we are living."

We also get some thoughts today from Geidner on the curious, now nearly month-long delay by a three-judge panel on the U.S. District Court of Appeals in D.C. to issue their ruling in response to Donald Trump's ridiculous claim that he is immune from criminal prosecution for any actions he performed while serving as President. A ruling was expected by many to have been issued by now. The case was heard on an emergency basis, as Trump's scheduled March 4 federal trial for attempting to steal the 2020 election is currently on pause in the bargain. But, Geidner notes that "the fact that we are quickly approaching a month" since the case was heard by what appeared to be three skeptical jurists, it is now beginning to look like "a dereliction of duty" and "a failure on the D.C. Circuit's part."

Stay tuned...

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Be sure to put on your mud boots for today's BradCast. You're gonna need 'em. [Audio link to full show follows this summary.]

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

• American Presidential Primaries and Caucuses were always confusing for voters. This year, they are even more so. That, however, suits Donald Trump just fine in advance of next week's Nevada Primary (on Feb. 6) and Caucuses (on Feb. 8 ), which have been rigged by Team Trump to assure he cannot lose a single delegate to Nikki Haley, his last remaining challenger for the 2024 GOP Presidential nomination.

• The day after the New Hampshire Primary last week, Trump supported an RNC executive resolution to officially declare him to be party's "presumptive 2024 nominee for the office of President of the United States." That, after nominating contests in only two states (Iowa and NH) where he won just 32 of the 1,215 delegates needed to clinch the nomination. Two days later (perhaps after receiving some sage legal advice) the desperate former President came out against the resolution, so the RNC promptly killed it. We what actually appears to have happened.

• Well-respected and very conservative former U.S. Court of Appeals Judge Michael Luttig filed an amicus (friend-of-the-court) brief [PDF] with the U.S. Supreme Court on Monday, arguing that the Justices must adhere to the "textualist" approach that rightwingers on the High Court have claimed to follow in recent years, as they weigh whether Donald Trump is eligible for the 2024 ballot under the U.S. Constitution's "Insurrectionist Disqualification Clause." Trump has "disqualified himself" for the office of President under Section 3 of the 14th Amendment, Judge Luttig and others argue in the brief, after having "engaged in insurrection" on January 6, 2021, when he "sought to prevent the vesting of the authority and functions of the Presidency in the newly-elected President." That, the brief contends, may be even worse than when South Carolina seceded from the Union on December 20, 1860 to "prevent the newly-elected President Lincoln from governing only in that State." The Justices must not construct an artificial "off-ramp" to avoid their Constitutional mandate, the brief asserts. The matter will be heard by SCOTUS on Thursday next week.

• Disgraced former Trump White House advisor and campaign Chair turned podcaster and con-artist, Steve Bannon, may be in more trouble than you know. He has already been convicted and sentenced to four months in federal prison for Contempt of Congress for his refusal to answer subpoenas from the House Select Committee investigating January 6. While free on appeal, he has also been charged by New York state for massive fraud in the "We Build the Wall" campaign which siphoned millions from duped Trump supporters. And now his former attorney in that case is gunning for Bannon's bank accounts after he was found to owe the law firm nearly half a million dollars in unpaid legal fees. Bannon's latest attempt to block his banks from turning over documents to the firm claims that doing so "poses a significant risk of compromising Mr. Bannon’s Fifth Amendment right against self-incrimination." Sad!

• BREAKING DURING SHOW: A Delaware court judge has voided Tesla CEO Elon Musk's nearly $56 billion compensation package, ruling it was unlawfully dictated by Musk himself to a non-independent Board of Directors in sham negotiations. Also sad!

• Finally, Desi Doyen joins us for our latest Green News Report, as President Biden puts a pause on approvals for new Liquified Natural Gas (LNG) export terminals; new reports find Canada tar sands are up to 6000% more toxic than previously known and that climate change made Brazil's Amazon rainforest draught 30 times more likely; and China, as it turns out, built more new solar power in 2023 alone than the U.S. has in its entire history...

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Today on The BradCast: Escaping MAGA and whether real accountability for the former President's many crimes and civil verdicts might finally begin to bend the curve against him from within his own party and from his own supporters. [Audio link to full show follows this summary.]

On Friday, a nine-member federal jury in New York ordered Donald Trump to pay an additional $83.3 million to writer E. Jean Carroll, who an earlier 9-member jury determined last year that he had sexually assaulted and repeatedly defamed. The original verdict cost him $5 million, but wasn't enough to stop the repeated defamation of Carroll.

All of this comes on the cusp of a completely separate verdict in a state case in NY where the judge has already determined Trump committed massive fraud by falsely inflating his assets to receive more favorable rates on bank loans, insurance and taxes. The State A.G. has asked that the judge now find Trump and his companies and his top executives (including his two eldest sons) liable for at least $370 million. That ruling is likely to come any day now.

A hundred million here, a hundred million there, and, before ya know it, you're talking about real money. Even for a "billionaire" like Trump. But will any of it make a difference to Trump's most ardent supporters? How about the few Republicans left who are neither Never Trumpers nor hardcore MAGA? Will they finally take notice? Might these rulings begin to make a difference in GOP primary polling, as the disgraced former President continues to be the party's front-running nominee for the 2024 Presidential election?

For thoughts on all of that and much more, we're delighted to be joined again today by RICH LOGIS, a former hardcore MAGA member himself who voted for Trump in both 2016 and 2020, before eventually coming to terms with the fact that he had become captive to what is a far-right political cult. (Our first conversation with him, with more details on that, was in October last year.)

Logis now runs PerfectOurUnion.us, devoted to "healing political trauma" and "building diverse, pro-democracy alliances". Today, he offers his insight, as a reformed MAGA member and former Republican pundit, on whether any of the recent verdicts against Trump --- and/or those that are still to come in the four separate criminal felony cases he is facing this year --- might finally begin to turn the tide away from the GOP's cult leader.

We also discuss Logis' thoughts published recently at Salon, on why the MAGA crowd is so gullible to mythologization and race-baiting, and how even Nikki Haley is now tapping into the same bloodstream to capitalize on a party that has long been captured (well before Trump) by racist polarization and "White fright".

Logis is now creating a new organization specifically devoted to "Leaving MAGA" and we begin the important discussion of how to help those captured by MAGA find their way out, and what friends and family members may be able to do to begin helping their loved ones find their way home.

"As someone who was in MAGA for seven years," he tells me, "Most MAGA voters are good people, deep down. But, unfortunately, the relationship between most MAGA Americans and Donald Trump is a very toxic one. While I don't defend ignorance, MAGA Americans have been traumatized by Trump and the rightwing and the Republican Party. They just have a skill set at keeping MAGA Americans desperate and panicked."

But, he insists optimistically, "if someone got into MAGA, they can get out of it." His own catalyst came after coming to terms with the fact that his own Governor, Ron DeSantis, who he had previously supported, was willing to let people die by lying to them about COVID vaccines in 2021.

"If someone who is very pro-MAGA speaks to someone who is very anti-MAGA, I guarantee, if they speak long enough, they're going to find some issues that they have some common ground and agreement on." He cautions, however, that vilification doesn't work. If it did, "everybody would have left at this point."

"It's going to take time," Logis insists. But he believes "there are more out there who are in the nascent stages of remorse. Because ultimately the strength of the numbers in Leaving MAGA will be in how many we can encourage and empower to leave and tell their stories publicly."

Until his new organization is formally unveiled, he asks folks to contact him at his website. This conversation will continue, I hope. Because it must...

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Today on The BradCast: Some very good news about Democrats. Specifically, for the President and the post-pandemic economic recovery. And a bunch of good news about Republicans. At least for those who enjoy watching the fish rot from the head down.

As detailed on today's program...

• Yet more excellent economic numbers were released on Thursday by the Commerce Department, easily beating professional expectations on GDP growth, leading one of those experts to describe the newly released 2023 fourth-quarter numbers as "stunning and spectacular." They are, in fact, just one of the economic indicators that are now better even than the pre-pandemic years, as GDP continues to rise, unemployment remains very low, wages are growing faster than inflation, which is now down below targets set by the Federal Reserve, and the recession that experts predicted for last year is still nowhere in sight. They are the kind of numbers that the former President would have declared as "the greatest economy in U.S. history" and about which TIME Magazine would have put his face on the cover with the headline: "The Man Who Saved the American Economy!" Will any of that happen now that Joe Biden --- who received a rousing endorsement for his 2024 campaign from the half-a-million-strong United Autoworkers Union yesterday --- is the President, rather than Trump? Will anybody in America even hear about these "stunning" numbers and "spectacular" economic growth?

• As to the good news about Republicans, we start with Trump's former Trade Advisor, Peter Navarro. Today he was sentenced by a federal judge in D.C. to four months in prison for two counts of Contempt of Congress after refusing to respond to two 2022 subpoenas from the bipartisan U.S. House Select Committee that had been investigating the Trump-incited January 6, 2021 insurrection at the U.S. Capitol. Poor Peter. Perhaps he'll be cell mates with Steve Bannon who received a similar sentence in 2022 for the same crimes.

• A wildly obnoxious member of the far-right extremist Proud Boys group attacked the D.C. Circuit Court's Chief Judge during sentencing on Wednesday as a "clown" and a "fraud". He received 6 years in prison in return for his part in the deadly January 6 insurrection and for attempting to organize a subsequent attack on the government in Portland, Oregon described as "January 6 2.0".

• But, as the fish rots from the head down, it's rotting GOP state parties outside of Washington as well. There is an ongoing, vicious --- and, at times, even violent --- legal dispute --- between the now-ousted Michigan GOP Chair, election denier and failed 2022 Sec. of State nominee Kristina Karamo, and the bulk of the state party that ousted her --- over who now actually controls the state party apparatus in the critical battleground state. In Florida, the recently ousted state party Chair Christian Ziegler -- hand-picked by Ron DeSantis --- is being investigated by state law enforcement on charges of "video voyeurism", after being accused of rape by a woman with whom he and his wife, Bridget Ziegler, the hypocritical anti-LGBTQ co-founder of "Moms for Liberty", had thrupled with --- and secretly videotaped during sex.

  And this week, on Wednesday, Jeff DeWit, Chair of Arizona's Republican Party, abruptly resigned after audio tapes were released by election denier and failed Gubernatorial candidate Kari Lake in which he appears to be begging her to accept a bribe for not running for the U.S. Senate in the state this year.

  So, that's three GOP state Chairs (the "Party of Law and Order") in three critical swing-states, all being hilariously ousted after allegations of incompetency, sexual battery or bribery within a matter of weeks, in the middle of, arguably, the most important Presidential election year in American history. Keep up the great work, state Republicans!

• Finally, Desi Doyen joins us for our latest Green News Report, as astonishing climate change-fueled extreme weather continues to batter the infrastructure across U.S. cities; ExxonMobil sues its own shareholders so they can try to keep polluting as long as possible; and the U.S. Postal Service finally begins rolling out its new fleet of clean electric delivery vehicles, thanks to demands from climate advocates and funding from Joe Biden and the Democrats...

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Okay. I'm back. COVID free! (Again!) Hopefully for good this time, as discussed --- along with many other things --- on today's BradCast. [Audio link to full show follows this summary.]

Among the news we begin to get caught up with today after my rebound sidelining last week...

• My surprise COVID rebound last week and lessons learned in the bargain. If the news out of the federal courtroom in New York today in the second E. Jean Carroll defamation trial is to be believed, our disgraced former President may have his own new infection again soon.

• After, just last week, condemning those Republicans who "kiss the ring" of Donald Trump in order to save themselves, Florida Governor and failed 2024 Presidential candidate Ron DeSantis dropped out of the race on Sunday. And, yes, he kissed the ring in hopes of saving himself for 2028 by endorsing Donald Trump. DeSantis also used a fake quote from Winston Churchill when doing so, just so he could fail as spectacularly as possible on his way out the door.

• New Hampshire's first-in-the-nation primary is Tuesday and former South Carolina Gov. Nikki Haley is the last GOPer left in the race other than the twice-impeached, four-time criminally indicted former President. If one believes the pre-primary polling, the race will be over by Wednesday. And the guy who was, literally, praising the idea of a "strongman running the country" during rallies in New Hampshire over the weekend, and telling supporters that U.S. Presidents must have complete immunity to commit any and all crimes, will be on a glide path toward becoming the 2024 Republican nominee for President of the United States.

• While the DNC has not authorized a Democratic Primary in New Hampshire this year --- choosing instead to make South Carolina's February 3 contest the first official one for the Dems --- that hasn't stopped a write-in effort for Joe Biden in New Hampshire UNsanctioned Democratic Primary, in which Biden does not appear on the ballot. It has also resulted in what appears to be the first (known) dirty trick of 2024. NH voters began receiving robocalls over the weekend from "Joe Biden" instructing them not to vote at all on Tuesday. The incident is being investigated by law enforcement, but may give us an idea of what the abuse of Artificial Intelligence may have in store for us in this unprecedented 2024 election season.

• On Monday, the U.S. Supreme Court --- in a 5 to 4 ruling --- sided with the Biden Administration's Border Patrol and said that they may, in fact, remove razor-wire placed on the Rio Grande by Texas Governor Greg Abbott, after Abbott's actions have already resulted in the death of a mother and her two young children drowning in the river. But four Justices (Thomas, Alito, Gorsuch and Kavanaugh) apparently have no use anymore for the U.S. Constitution's Supremacy Clause which gives deference to federal law over state law.

• Finally, after weeks away from our flagship station (KPFK in L.A.) over the holidays and then during our multiple brushes with COVID, we were finally live in studio again and able to open the phone lines today to listeners on anything they wanted to discuss. Even if one of them felt like they had to lie to get on the air to say it.

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Nicole Sandler is back on today's BradCast with a special interview, and otherwise taking up guest hosting duties while Brad remains out with his COVID rebound. (He's doing better and hopes to be back soon!) [Audio link to full show follows below this summary.]

Among our stories today...

• The U.S. Dept. of Justice released a damning, 575-page report [PDF] detailing 'cascading failures' of law enforcement in responding to the 2022 mass shooting at Robb Elementary School in Uvalde, Texas. Nineteen children and 2 teachers were killed before law enforcement officers in Texas eventually shot the perpetrator. The report catalogues multiple points of failure by law enforcement officials, including a lack of leadership, training, coordination, communication, and poor decision-making that created confusion at the scene and delayed a confrontation with the gunman until a full 77 minutes after the first 911 call. The report also highlights the misinformation and poor handling of communications with victims' families in its aftermath. In a press conference regarding the DOJ's report on Thursday morning, U.S. Attorney General Merrick Garland charged: "The victims and survivors of the mass shooting at Robb Elementary School deserved better...It is now widely understood by law enforcement agencies that in active shooter incidents, time is not on the side of law enforcement. Every second counts. And the priority of law enforcement must be to immediately enter the room and stop the shooter."

• It was another potentially expensive day in court for the disgraced former President, in the second civil trial brought against him by writer E. Jean Carroll. Today, however, as his mother-in-law was buried, Donald Trump was absent. That followed admonishments by the federal judge on Wednesday for disrupting court proceedings. An earlier jury already established that Trump sexually assaulted Carroll in the 1990's and then defamed her following his Presidency, awarding her $5 million dollars. This new jury will determine how much more he has to pay for his defamatory comments about her while serving as President.

• Next, Nicole speaks with author KELLY CARLIN (pictured above), the only child of the late, legendary comedian George Carlin, about a disturbing new, unauthorized, AI-generated, hour-long YouTube 'comedy special' which used Artificial Intelligence to generate a fake version of her father. The video uses his likeness and signature style to say and do things her dad never said and never did. Reviews of the hour-long "special" have been brutal. But Kelly, who has also condemned the bastardized version of her father's work, details how AI is not only hoovering up and stealing the works of artists, writers and performers without permission, but also poses dangers to average citizens, whose likenesses can similarly be misused and abused with little hope for recourse under current laws. As Carlin warns in her conversation with Nicole: "This is bigger than a famous comedian, or a dead actor, or a live actor. This is about humanity having their autonomy and agency protected legally in this country."

• Finally, we close with our latest Green News Report, as the rightwing majority on the U.S. Supreme Court signals its readiness to gut federal agency authority to craft environmental regulations; a new breed of climate denialism is flooding social media; and how, while the rest of the globe is having its warmest January on record, frigid Arctic air in the U.S. is stranding drivers of both gas-powered and electric vehicles alike...

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Brad is out today, trying to recover once and for all from his rebound case of COVID. So guest host Nicole Sandler joins me (producer Desi Doyen) to bring you a fresh, new BradCast to tickle your ears and brain cells. [Audio link to full show follows this summary.]

Among our stories covered today...

• The U.S. Supreme Court heard oral arguments on Wednesday in two important cases: Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. On the surface, the two cases appear to be somewhat innocuous, focused on technical issues about the scope of federal fees and regulations. But, in reality, the cases are vehicles of the fossil fuel industry and rightwing legal groups to achieve their long-sought goal of dismantling federal regulatory and administrative authority by overturning the four-decade old, landmark precedent known as the "Chevron deference". It is, as Cornell Law School describes, "One of the most important principles in administrative law."

  Established in 1984's Chevron v. National Resources Defense Council, the ruling is a key underpinning of federal administrative law with broad applications to nearly every single aspect of American life. At its core, it holds that judges are not technical experts, so they should defer to federal agency expertise when determining Congressional intent on an ambiguous law or statute.

  According to legal analyst Ian Millhiser at Vox, Chevron "places strict limits on unelected federal judges’ ability to make policy decisions for the entire nation," establishing that it is "better for federal agencies, and not judges, to make these sorts of decisions". Millhiser concludes that overturning it would "shift policymaking authority from the executive branch to the judiciary," allowing unelected judges to effectively make policy and insert their own political or ideological preferences.

  In oral arguments at SCOTUS on Wednesday morning, four members of the rightwing supermajority on the packed and corrupted Court --- Justices Clarence Thomas, Sam Alito, Neil Gorsuch, and Brett Kavanaugh --- each signaled they were likely to overturn this landmark precedent.

• Details from the contentious federal court hearing in New York on Wednesday in the second civil defamation trial brought by author and former columnist E. Jean Carroll against disgraced ex-President Donald Trump. The judge threatened to expel Trump from the courtroom after he repeatedly ignored warnings to remain quiet as Carroll testified that he shattered her reputation after she publicly accused him of sexual abuse. A previous state case in NY established that Trump did, in fact, sexually abuse Carroll at a department store in the 1990s. That jury awarded her $5 million for the defamatory comments he made about her after leaving office. He has continued his defamation since then. The jury in this federal case will only determine how much, if any, damages should be for the defamatory remarks he made about her while serving as President.

• Finally, Nicole's speaks with author and communications expert ANAT SHENKER-OSORIO, founder of ASO Communications and host of the Words to Win By podcast. In an illuminating interview, Shenker-Osorio offers key insights and practical advice on winning political messaging, the ways in which the words that we use matter, and how to help ensure voters are engaged and informed that the critical 2024 election is now a choice between "freedom or fascism."

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As a poll-obsessed media focuses on what many see as a seemingly inevitable contest next November between the former and current Presidents, it has become easy to look past the distinct possibility that the U.S. Supreme Court might bring about a swift end to the 2024 Presidential campaign of Donald J. Trump.

By way of a Jan. 5 decision, in Trump v. Anderson, SCOTUS agreed to hear the former President's Jan. 3 legal challenge to the Colorado Supreme Court's ruling, in Anderson v. Griswold. In that case, the high court in CO ruled that, by reason of §3 of the 14th Amendment, Trump is an insurrectionist and, therefore, disqualified from running for the Office of President of the United States. The CO ruling has been stayed pending a final decision from the U.S. Supreme Court.

There are multiple reasons why the SCOTUS decision to hear this landmark case may not bode well for the former President, even if the many pundits are inclined to believe that a majority of Justices on the High Court will concoct some extra-Constitutional reason to allow him off the hook. Neither the facts, the law, nor published opinions advanced by conservative constitutional scholars support a decision to overturn the CO Supremes' landmark ruling.

While widely overlooked by most in the media, the identity of the parties could also be critically important. The Anderson Respondents --- 4 Republicans and 2 independents eligible to vote in the Colorado Republican Primary --- essentially represent the dwindling number of honest conservatives, who make up what might be described as the Liz Cheney Wing of the GOP.

Unlike Congressional Republican cowards, who know better, yet shamelessly embrace the dangerous Orwellian lies of a would-be dictator, GOP-appointed, life-tenured members of the federal judiciary need not fear being removed from the bench during a primary election by the MAGA base. While Trump sycophants in the U.S. House have demonstrated a willingness to initiate baseless, partisan impeachment inquiries, the prospect of impeachment of any Justice who voted to uphold Colorado's §3 disqualification decision, followed by a 2/3 vote to convict in the Senate, are so remote as to not even be worthy of consideration.

The lightning fast scheduling set forth in the Court's order to hear the CO matter reflects a recognition that, if it upholds the state trial court's factual finding that Trump "engaged" in an "insurrection" and the Colorado Supreme Court's legal determination that Trump is therefore disqualified by reason of §3 of the 14th Amendment, SCOTUS can both prevent the former President from running for office and afford voters --- especially Republican primary voters --- the opportunity to make an informed choice between qualified candidates.

The facts of the case --- if not necessarily the media punditry or courage of our Republican-appointed Supremes --- reflect that reality...

And then there were two. Well, actually three. (Well, probably still just one.) It's another episode of Special Coverage on today's BradCast! [Audio link to full show follows this summary.]

Former SC Gov. Nikki Haley squared off with FL Gov. Ron DeSantis in Des Moines, Iowa on CNN Wednesday night for the 5th, so-called "GOP Presidential Debate," just hours after former NJ Gov. Chris Christie decided to drop out and as the disgraced former President and presumptive Republican front-runner did a live town hall on Fox "News" just up the road. All just days before voters trudge out into -6 degree ("Feels Like" -25 degree) temps on Monday night for the first-in-the-nation Iowa Caucuses.

Topline: Haley and DeSantis repeatedly called each other liars (she even created a website for his); DeSantis largely dominated Haley (while calling in some sexist tropes for good measure); and nobody laid much of a glove on GOP polling leader and four-time indictee, Donald Trump --- as usual.

Of course, there was much more than just that going on. Which is why we're joined today for smart insights on all of it by our 2024 post-debate analytical champeens and long-time OG bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo and 'DRIFTGLASS' of the weekly Professional Left Podcast and its companion show, No Fair Remembering Stuff.

"This is not a debate," explains the sage Driftglass. "This is a televised entertainment for a very specific audience." On the other hand, argues the insightful Digby, "this is the most irrelevant political spectacle I have ever observed."

And yet, we still had more to talk about than we could fit into an hour! About what all of it means (if anything) for the GOP, for Americans, for Democrats, for Joe Biden and --- most importantly --- for American democracy. Enjoy!...

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No matter what happens in this year's election, the year will be like none other in the U.S. Are the mainstream media --- which arguably helped lead us to our current mess at the edge of a potential collapse of American democracy --- able to meet the challenge? To serve a nation that badly news an unapologetic press able to call out the corrupted without "both sidesing" every issue? That's where we begin on today's BradCast, before covering a whole bunch of accountability for rightwingers and rightwing organizations in recent days and weeks. [Audio link to full show follows below this summary.]

It seems impossible to believe that the U.S. mainstream media will be able to meet this moment. And yet, there are signs, suggests our guest today, longtime journalist and media critic DAN FROOMKIN of Press Watch, formerly of Washington Post, Huff Post, The Intercept and Harvard's journalism watchdog, the Neiman Foundation.

In a column late last year, Froomkin detailed the "intense internal pressure to defend democracy" that newsrooms will be facing in 2024. The greatest pressure, he reports, is likely to come not from outside those newsrooms, but from inside, where "traditional bosses are still in control," holding fast to "both sides" journalism, but where they are finally being challenged by what he describes as a "silent journalistic majority", an often younger and/or more diverse group of reporters "whose sense of self is defined by more than just not taking sides. It’s defined by informing the public of the truth."

With the stakes now higher than ever, he observes, there are signs, at least, that some in the traditional, unhelpful mainstream are begin to change in order to meet the moment. It's a tall order --- especially after so many decades of failure --- but there are some positive signs that even the traditionalists are beginning to understand the threat posed to American democracy itself by a Republican party which has now all but fallen to the fascistic, autocratic demands of its cult leader.

"The good news --- and it is unusual for me to focus on the good news in the media --- is that I think we're seeing two steps forward, one step back, in that I do see some braver, more honest, more upfront journalism happening on occasion at the major institutions," Froomkin tells me, before adding, "And then every so often, they'll backslide terribly."

He argues that many are "getting really impatient with this 'both-side'-ism, this 'a pox on both your houses' stuff."

"If you talk to any journalist who is not personally invested in the old way of doing things, you'll find that they actually agree with this critique. It is not a radical critique anymore. It is very much a 'How do we do journalism in this day and age?' question. And I think the answer is increasingly becoming that we need to call it out the way we see it. And that we need to stand up for democracy and for a free press, and for core journalistic values. It doesn't mean telling people to go vote Democratic, it doesn't mean being easy on the Democrats. But it does mean pointing out what this danger is right now."

"If Trump takes power, he's going to go after the media. And he will criminalize journalism in a lot of ways, and the free press will be under a lot of pressure. I don't think any journalist can sit there and say, 'I'll be fine if Trump wins.' They should all be terrified," Froomkin asserts, adding: "An increasing number are. You're seeing some of that, for instance, in this story on political violence. That was one of the big issues swept under the rug until recently."

As Froomkin explains, the jury is very much still out. But what he once saw as a "generational project" now needs to happen much quicker. "The stakes feel so high right at this moment --- for obvious reasons --- that I think there’s pretty good chance of change before November," he wrote last month. We'll see if he's right about that.

In the meantime, there has been some encouraging news elsewhere, at least from the court system in recent weeks, resulting in a rush of long-overdue accountability for people and organizations of the corrupted right.

• Last week, New York Attorney General Tish James' office filed motions seeking $370 million from Donald Trump, his company, and its top executives for years of massive bank, tax and insurance fraud. She is also seeking a lifetime ban from the NY real estate market for Trump, and a five-year ban for his eldest sons. The whole crew has already been found liable by the state judge overseeing the case. The only question now is what the penalties will ultimately be. Closing arguments are this week and Trump will not be allowed to make part of them himself, after failing to agree he would do so without attacking prosecutors, the judge or his staff, or turn the remarks into a political statement.

• Also last week, Wayne LaPierre, the wildly corrupt 30-year leader of the terrorist-supporting National Rifle Association, finally resigned on the eve of his corruption trial --- also thanks to Tish James in New York --- which began this week. LaPierre and other top NRA officials allegedly bilked millions of dollars from the non-profit organization to fund their own lavish lifestyles. James hopes to force LaPierre and the others to pay it all back and permanently bar them from serving on the board of any NY charity. Thoughts and prayers.

• Longtime Republican grifter James O'Keefe's sleazy, fake "journalism" organization called Project Veritas, finally seems to be all but permanently dead. That, after O'Keefe was found to have overseen years of "financial malfeasance" according to its Board and newly seated CEO, Hannah Giles, who resigned last month citing "an unsalvageable mess" at the organization, "one wrought with strong evidence of past illegality and past financial improprieties." Giles originally played the "prostitute" in heavily edited videos published years ago by Andrew Breitbart targeting the community organizing and voter registration group ACORN. O'Keefe --- as we spent quite a bit of time some years ago detailing to mainstream media outlets who had also fallen for the hoax --- pretended to have dressed up as a "pimp" in those fraudulent videos. Though scams, they still resulted in rightwing millionaire, billionaire and just plain old dupes donating tens of millions of dollars to O'Keefe's organization over the years in support of their phony, frequently unlawful, partisan schemes targeting groups and individuals on the left. The organization and O'Keefe himself are reportedly under criminal and/or civil investigation for a number of those schemes.

• Remember Kim Davis? The sleazy, far-right Kentucky county clerk who, in 2015, refused to issue marriage licenses to same sex couples after the U.S. Supreme Court's Obergefell ruling? Last week, a federal judge found her liable for $260,000 in legal fees and expenses incurred by one of the couples who she unlawfully refused to license. In 2022, a federal jury said she had to pay the couple $100,000 in damages. The rightwing legal organization representing Davis for free, Liberty Counsel, says they will appeal the original verdict, the order for attorneys fees, and Obergefell itself at the U.S. Supreme Court.

FINALLY, as today's show ended, it looks like former New Jersey Gov. Chris Christie has decided to suspend his 2024 GOP Presidential campaign (much as we called for him to do --- if he was truly serious about keeping Trump out of the White House --- on yesterday's program.) The announcement comes just hours before a debate tonight between Nikki Haley and Ron DeSantis in advance of Monday's Iowa Caucuses. Presumptive frontrunner Donald Trump won't be at this debate either, but we will have Special Coverage, nonetheless, for some reason, on tomorrow's BradCast...

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Today on The BradCast, we continue our COVID recovery, revisit some of the Biden v. Trump horseraces that sent so many Dems scurrying under their bed sheets late last year, and try to make sense of the disgraced former President's ridiculous argument (his attempt to delay his Jan. 6 criminal trial until after this year's election) at the U.S. Court of Appeals in D.C. on Tuesday. [Audio link to full show follows this summary.]

Among the stories cited and/or referenced today...

• New CNN/University of New Hampshire polling finds Nikki Haley within single digits of Donald Trump in New Hampshire with the first-in-the-nation primary now just two weeks away. Their polling is not the only one showing Haley within spitting distance.

• USA Today buries the lede in their coverage of a new USA Today/Boston Globe/Suffolk University poll finding Joe Biden seven points ahead of Trump in a general election match-up in New Hampshire and reveals that "American democracy" is the issue that both Dems and independent voters are most concerned about this year.

• Donald Trump and his attorney apparently believe that a U.S. President may lawfully order Seal Team 6 to assassinate an American political rival. Seriously, the question was raised on Tuesday by one of the three judges on the D.C. appeals court panel tapped to hear Trump's claims of "absolute immunity" for crimes committed while serving as President. Can he sell pardons? Can he accept bribes? Sell nuclear secrets? According to Trump's attorney, sure he can! As long as he is not impeached and convicted first. Trump's other appeal argument, that being "acquitted" by the U.S. Senate at his second impeachment trial (when a majority of bipartisan Senators found him guilty of inciting an insurrection), somehow renders him immune from criminal prosecution in the judicial system because that would be unconstitutional "double jeopardy". As one of the three judges pointed out, Trump's own attorneys during the impeachment argued exactly the contrary. "It's in the Congressional Record," she said. It's all as absurd as it sounds. But, in fact, it is simply meant as a way to push Trump's March 4 trial date in his federal indictment for attempting to steal the 2020 election back past the 2024 election, when he hopes to win and make all of his many indictments go away. The three judges on the D.C. panel, however, didn't seem to be buying any of it.

• Finally, as deadly winter weather whiplashes much of the nation today, Desi Doyen joins us for our latest Green News Report with bad news for the snow crab season in Alaska and good news, thanks to the Joe Biden Administration, for American school buses...

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We're still fighting COVID, but we think we're almost over the hump on today's BradCast, just as a long awaited voting system trial in a critical swing-state is finally set to begin. [Audio link to full show follows this summary.]

On Friday, just as Desi had days earlier, I too tested positive for COVID. After avoiding it for four years, we both finally got hit. But, thanks to keeping up with our boosters, free rapid home tests and the miracle anti-viral drug Paxlovid, both she and I are almost back to normal this week. She is now testing negative and I am, very faintly, still positive, but suspect I'll be fully clear by tomorrow. Most of our symptoms are gone and, most importantly --- because we were both positive --- we're able to be in the same room again! So, I think we're finally back to our usual schedule after an unexpectedly long holiday break and a bumpy start to what is likely to be a very bumpy new year.

As it turns out, we're not the only ones swept up among the largest spate of cases in the U.S. since the initial Omicron wave back in late 2021. Cases, hospitalizations and deaths are still on the rise. If you haven't already, please get your COVID and flu shots this year, as that is also seeing a big bump right now. And, if you want to get over COVID quickly, ask your doctor for Paxlovid as soon as you test positive, because it must be taken right away. It has certainly worked wonders, so far, for us.

With that medical sidebar out of the way, for now, we're back to the grind of the 2024 elections and the former President's threat to American democracy itself on today's program. Last week, Donald Trump failed to sign a pledge against advocating for the overthrow of the government in his Illinois candidacy paperwork, despite signing the optional pledge when he ran in both 2016 and 2020.

And, on Friday, President Biden, in his campaign launch in Valley Forge, Pennsylvania, called out Trump, by name (44 times), including as an "insurrectionist". During his remarks, marking the third anniversary of Trump's deadly January 6, 2021 U.S. Capitol attack, Biden also finally took our advice in calling out Trump in plain language for what he tried to do in 2020: "In trying to rewrite the facts of January 6th, Trump is trying to steal history the same way he tried to steal the election."

Thank you, Mr. President.

As to helping to prevent another attempted election theft in 2024, the long-awaited federal trial finally begins in Georgia this week in Curling v. Raffensperger, the 2017 lawsuit led by our friend Marilyn Marks of the Coalition for Good Governance. The suit seeks to the block the use of Georgia's insecure, unverifiable touchscreen voting systems made by Dominion and see them replaced with verifiable hand-marked paper ballots in the battleground state.

In 2019, the federal judge overseeing the case, U.S. District Judge Amy Totenberg, blocked the further use of the state's old touchscreen voting systems made by Diebold, finding them to have unconstitutional security infirmities. Unfortunately, against the advice of cybersecurity and voting system experts, GA's Republican Sec. of State Brad Raffensperger then moved the entire state to touchscreens made by a different manufacturer with many of the same problems featured in the old systems.

This is also the case which uncovered, during the discovery phase in 2022, the now-notorious Coffee County, GA voting system software breach by Team Trump. That unprecedented theft and distribution of sensitive voting system software resulted in the indictment [PDF] of Trump attorney and breach organizer Sidney Powell as part of Fulton County, GA District Attorney Fani Willis' criminal conspiracy charges against the disgraced former President and 18 co-conspirators.

As Washington Post detailed in its own lengthy preview on Sunday, the trial, set to begin this week, has already resulted in MAGA election deniers and conspiracists like MyPillow CEO Mike Lindell pretending to be vindicated by one of the judge's earlier rulings finding that the Curling plaintiffs, unlike Lindell, are not "conspiracy theorists of any variety" and that, as Judge Totenberg found, they have the support of "some of the nation's leading cybersecurity experts and computer scientists."

Those scientists and experts have documented how the touchscreen systems used across the entirety of Georgia (and in jurisdictions in more than a dozen states) are wildly "vulnerable" to hacking and system failure, even as no evidence has been found that the 2020 or 2022 elections were actually hacked. As Judge Totenberg noted in a 2020 ruling, the plaintiffs "convincingly present evidence that this is not a question of 'might this actually ever happen?' - but 'when it will happen,' especially if further protective measures are not taken."

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at Free Speech for People. She has worked very closely on this case with the plaintiffs from Coalition for Good Governance and has joined us on the program many times to discuss it since it was initially filed seven years ago.

Among the details discussed in today's "curtain raiser" before trial: How Democrats have become frightened of challenging unverifiable voting systems in the wake of the MAGA election denial movement. The gob-smacking ruling on Friday from the 11th Circuit Court of Appeals that Raffensperger does not have to testify as a witness, despite the lower court judge ordering him to do so, and Raffensberger's insistence [PDF] in his own recent book, amusingly titled Integrity Counts, that "the ultimate fact-check in the United States...occurs in courts of law, where witnesses swear to tell the truth or risk imprisonment and where lawyers must also tell the truth or risk disbarment. If you want to know the truth, watch what happens in court."

Sadly, we won't be able to watch Raffensperger in court. He fought tooth and nail up to the appellate level to avoid 75 minutes of testimony as a witness in the Curling case.

Also, as Greenhalgh explains today, Raffensperger has now ordered the election security reviewer at the Sec. of State Office's "not to provide any reports in writing any longer, to only give them orally." She describes the order as "really strange," begging the question, yet again, as to why the rightwing 11th Circuit would allow Raffensperger to avoid testifying.

"There are a lot of questions that Raffensperger should be answering," she argues, while noting that despite the absence of the guy who, in defiance of experts, ordered the use of these machines in the first place --- and then failed to investigate the 2021 MAGA breach and distribution of statewide voting system software in Coffee County for more than a year --- there is still plenty of evidence for plaintiffs to make their case against these godforsaken, unreliable, unnecessary voting computers in advance of the 2024 general election.

"There are a lot of questions that really should have been answered by Raffensperger," Greenhalgh laments, before adding : "But they still have overwhelming evidence."

The trial is scheduled to begin in federal court in Atlanta on Tuesday...

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