I should be in bed nursing my illness (whatever it is), rather than doing today's BradCast. But given the firehose of news, some of it huge, that broke after yesterday's guest-hosted show with Nicole and Desi (thank you, guys!) and today, I felt I had to come in for this one. Nasal congestion be damned. [Audio link to full show follows this summary.]

Back in 2018, as Trump-nominated Supreme Court Justice Brett Kavanaugh was lying his way through his Senate Confirmation hearings, he made what sure sounded like a threat at the time. "This confirmation process has become a national disgrace," he whined through angry tears. "And as we all know, in the United States political system of the early 2000s, what goes around comes around."

There has been a boatload of important news over the past 24 hours. But what may have been Kavanaugh's long-promised "comes around" moment may have finally occurred last night. The U.S. Supreme Court came up with at least 4 votes to hear Oral Argument of Donald Trump's ridiculous claim that Presidents enjoy "absolutely immunity" for any and all crimes they may commit while in office --- including ordering Seal Team Six to murder domestic political opponents, as Trump's lawyer's argued in this case at the lower D.C. Court of Appeals.

The federal appellate court, as well as the trial court below it, unanimously rejected the argument. But, rather than taking up the case three months ago, when Special Counsel Jack Smith asked them to, the corrupt SCOTUS waited more than two months before deciding, in a terse, one-page order [PDF], to "expedite" the matter by hearing it...seven weeks from now. The question will be: "Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office." --- Which "official acts" they may be referring to are uncited.

In the bargain, Trump's previously scheduled May 4th federal trial date for attempting to steal the 2020 election remains on on pause and may not now even begin before the 2024 election.

At the same time, in New York state court on Wednesday, an appellate judge, within hours after Trump's filing, rejected his attempt to offer a $100 million bond to prevent Attorney General Letitia James from beginning seizure of his assets in about 30 days for failure to post cash or a bond for the full $454 million penalty he faces for a decade of massive fraud via his corrupt real estate company. And Trump's criminal trial in the state, on 34 charges related to cheating to win the 2016 election with hush-money payments to a porn star, is set to begin at the end of next month.

Given my physical condition of late, we called in our good friends and very wise longtime fellow bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of The Professional Left Podcast, to help make sense of these key, historic events. They each offer context and analysis of what appears --- to them at least --- to be one of the most corrupt actions ever taken by our corrupted, far-right, Trump-appointed supermajority on the High Court.

Driftglass argues the news from the Court on Wednesday is that "It's a corrupt court. And that corrupt court has rendered a corrupt decision," underscores his belief that Trump will never see a day in prison. Digby reminds us that true accountability was always going to come from only one place: the voters at the ballot box this November. "I'm sorry to have to tell you," she tells me, "but it's going to have to be a grinding out of a Presidential campaign and people are going to have to vote this guy out."

We've got a lot of ground to cover on today's program, with smart insights from both of them as usual, even if I don't have the energy to document much of it here for you today. So, please tune in.

There's one point, however, that I didn't get to on the show --- blame the cold medicine --- in response to the somewhat grim and arguably cynical (if accurate) assessments from Digby and Driftglass. That is, that even if Trump's federal trial for attempting to steal the 2020 election had moved forward, as scheduled, well before this November's election, I think the magic bullet moment that had been applied to that trial --- as if a guilty conviction would be an elixir that finally woke up the nation to how corrupt he truly was, leading supporters to abandon him --- was always, in my estimation, somewhat overblown.

When (not if) Trump is found guilty on any of the 91 criminal counts he is currently facing at both the state and federal level, his supporters will find a way to justify it and continue their support nonetheless. It'll be a evidence of a "corrupt system" or "Joe Biden's witch hunt" against Trump, etc.

I have never quite bought into the prodigious polling which suggests his 2024 support would crater once he was finally found guilty of a crime. His supporters know what he did. We all do. It's obvious. A criminal conviction is unlikely to change many opinions of him either way. This was and still will be --- as both Digby and Drifty point out --- about the VOTERS showing up and VOTING to save our democracy from the clutches of a fascistic, sociopathic, narcissist hell-bent on destroying it for revenge. Whatever happens between now and November 5, nobody else was ever gonna do it for us.

Finally today, Desi Doyen joins us for our latest Green News Report, as winter heat in the center of this nation blew away records for February, topping out in the 80s and 90s in huge swaths of the region over the past week. That helped touch off what is now the largest wildfire in Texas history. In February! That, and much more on today's GNR.

Now I'm going back to bed. I'm sure the last 24 hours have been nothing more than a bad Nyquil-induced fever dream...

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We covered so much territory on today's BradCast that I'm having trouble writing about all of the seemingly disparate pieces in a cogent narrative here. So I won't try. I'll give you the pieces, and hopefully you will listen to the show to see how it all ties together (or doesn't). [Audio link to full show follows below this summary.]

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

• Wednesday's mass shooting at the Kansas City Chief's Super Bowl victory rally; Wednesday's mass shooting at an Atlanta high school; President Biden's official response.

• Special Counsel Jack Smith's speedy filing [PDF] at SCOTUS in response to Donald Trump's continuing attempt to further delay his federal trial related to his attempts to steal the 2020 election with his absurd claim that Presidents enjoy "absolute immunity" for any and all crimes committed while serving in office.

• New York State Judge Juan Merchan on Thursday confirmed Trump's trial will begin on March 25 on 34 criminal felony charges related to hush-money payments made to a porn star to help him win the 2016 election. The judge rejected Team Trump's argument that sitting for a trial related to cheating to win the 2016 election will hamper his efforts to win the 2024 election. The trial is expected to last for six weeks.

• A salacious sidebar to the 13 criminal felony counts Trump is facing in Georgia for his failed conspiracy to steal the state's 2020 election played out in a Fulton County courtroom on Thursday. A defiant District Attorney Fani Willis responded on the witness stand to charges from one of Trump's 18 alleged co-conspirators that the D.A.'s romantic relationship with one of the prosecutors on the case was either inappropriate or somehow a conflict of interest effecting the charges brought against Trump and his co-defendants. Willis was defiant in her response to questions and her testimony will continue on Friday.

• BREAKING DURING SHOW!: A former FBI informant named Alexander Smirnov was arrested and charged with lying to government officials in the summer of 2020 about Joe Biden and his son Hunter receiving millions of dollars in bribes from Burisma, a Ukrainian energy company. Those lies have been a central part of Trump and Rudy Giuliani and House Republicans' phony, years-long attempts to smear the Biden family and impeach President Biden. Today's felony charges were filed by Trump-appointed Special Counsel David Weiss, who was tapped by Trump A.G. Bill Barr five years ago to try and find dirt on the Bidens. He found it instead on those spreading the dirt.

• A few thoughts on how corporate mainstream media headlines, social media posts and mobile phone alerts can dangerously distort news.

• A few thoughts on how Phoenix, Arizona media outlets 3TV and CBS 5 are seemingly doing the bidding of the fossil fuel industry while pretending to be consumer advocates. We details some of their dishonest and misleading coverage of the cost of battery replacements for hybrid Electric Vehicles. Sadly (and shamefully), they are not the only media outlets undermining humankind by doing the bidding of Big Oil in misreporting on EVs in America.

• Finally, Desi Doyen joins us for our latest Green News Report, with sad news on a mysterious and massive oil spill on the pristine beaches of Trinidad and Tobago; big changes happening in Greenland as it continues to get warmer and greener; and how climate change is now coming for your chocolate...

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Once again today, we try to stuff a 10-pound show into a 5-pound BradCast. Wish us luck! [Audio link to full show follows this summary.]

Among our many stories for your listening pleasure, amusement and outrage today...

• Jon Stewart is back on The Daily Show! At least on Monday nights. At least for this year. And, boy howdy, was he missed. Other than looking about 20 years older, he literally hasn't missed a step over the 9 years since he's been away from the show, both comically and, more importantly, politically. His first night back included an epic opening monologue that framed the various concerns among Democrats about Joe Biden's age in a way that nobody else has or could. Hopefully, it helps to kick off the serious conversation that Democrats need to start having amongst themselves to begin coming to terms with the fact that one of the most effective and, yes, oldest Presidents of our lifetimes (or ever) will be running for re-election this November. We've got lots to say here. But, much more importantly, so did Stewart last night.

• Battling a massive Nor'easter and racing the clock against whatever may happen in the Special Election for U.S. House in New York's 3rd Congressional District tonight, in the contest to fill the expelled Rep. George Santos' seat, House Republicans take a do-over on Tuesday after their embarrassing failed effort last week to Revenge Impeach the Secretary of Homeland Security Alejandro Mayorkas. The first impeachment ever of a sitting cabinet members is not for any actual "High Crimes and Misdemeanors" as required by the Constitution, but for...something something ...border policy...something something. (And because they haven't been able to figure out yet how to Revenge Impeach Joe Biden.)

• After insisting that any new aid package for Ukraine must include a massive new package for the U.S. Border Security. And then after striking a bipartisan deal with Democrats for that Border Security bill they insisted on. And then after insisting that any new aid for Ukraine not include a massive new package for the U.S. Border because Donald Trump told them to kill the Border provisions, because he needed an issue to run on in November....Senate Republicans (some of them anyway) joined Democrats after an all-night filibuster to pass a foreign aid bill for Ukraine, Israel and Taiwan. House Speaker Mike Johnson, however, has already said he'll do everything he can to keep this National Security measure from ever being allowed up for a vote on the House floor. Because Donald Trump told him to.

• In the greatest tradition of Banana Republic strongmen, Donald Trump is reportedly planning to install his own daughter-in-law Lara Trump as co-Chair of the Republican National Committee and the Chair of his own Campaign as the RNC's Chief Operations Officer. The GOP takeover by a twice-impeached, four-time criminally indicted, one-term failed President is now all but officially complete.

• And then we finally get to the Hur Report today and the corporate mainstream media's epically failed coverage of it's release by Special Prosecutor Robert Hur, who was appointed by Trump to the DoJ. Last week, the Dept. unsealed the full, unredacted, nearly 400-page report [PDF]. Hur was tapped by Attorney General Merrick Garland to probe the small number of classified documents that Joe Biden's attorneys discovered at one of his old office spaces and in his home.

  The headline for the report's release should have been "Special Prosecutor Fails to Find Evidence of Crimes in Biden Classified Docs Probe", at least if one bothers to read what Hur actually detailed in the bulk of his report.

  That, as Hur himself points out, by way of contrast to the many reasons that 40 criminal felony counts were brought against Trump under the Espionage Act after he stole tens of thousands of pages of highly classified documents upon leaving office and then refused to return them to the Government.

  "Most notably, after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite," writes Hur on page 11. "According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it. In contrast, Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview. and in other ways cooperated with the investigation."

  The report went on for hundreds of pages, laying out exculpatory evidence after exculpatory evidence, as former DoJ prosecutors Andrew Weissman and Ryan Goodman detail. That, even as Hur rifled through Biden's personal diaries searching for evidence of a crime, as brilliantly highlighted by national security journalist Marcy Wheeler.

  But the screaming HEADLINE NEWS!!! that our corporate media took away from all of it in dozens and dozens of stories was that the Trump-appointed Hur included remarks in the report having nothing to do with whether Biden should be charged with a crime or not, but that Hur, not a medical professional, describes as the President having a "poor memory" and "diminished faculties".

  And you wonder why our country is going to hell in a handbasket?

• Finally, Desi Doyen joins us for our latest Green News Report with coverage of a new type of Super Bowl EV ad; The big investment into the Trump campaign by Big Oil and Gas this year; and a jury award of $1 million to Pulitzer Prize-winning climate scientist Dr. Michael Mann in his defamation case against two far-right climate science liars and harassers...

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Some days these days on The BradCast, it's hard to believe we're covering what we are covering. I'd say that's the case on most days, these days. Today is, yet again, one of those days. [Audio link to full show follows below this summary.]

FIRST, we try to bring you up to date following Donald Trump's rigged GOP Caucuses in Nevada last week. Given that he and some guy named Ryan Binkley were the only two on the ballot, Trump won with Saddam Hussein-like or Vladimir Putin-like numbers, taking 99.1% of the vote and all of the state's available RNC delegates in the bargain. Nikki Haley, having competed in the state-run Primary just two days earlier, was not allowed to participate in the state's GOP-run Caucuses.

The Virgin Islands also held a GOP Caucus on the same day. Trump won there as well, defeating Haley (who was allowed to be on that ballot) by about 74% to 26%. Only about 250 voters bothered to show up, so don't read too much into it.

On the Dem side of the aisle, Joe Biden's only noteworthy competitor on the Nevada Primary ballot last Tuesday (which he handily won), was self-help guru Marianne Williamson. She dropped out of her run for the Democratic nomination the next day.

Tomorrow, however, expect an actual contest in the 3rd Congressional District in New York, where voters on Republican-leaning Long Island will select a replacement member of the U.S. House for the recently expelled pathological liar and Republican con-artist, Rep. George Santos. The polls suggest a close race for the seat between conservative Democrat and former Democratic Rep. Tom Suozzi and his Republican opponent, the Ethiopian-born Israeli-American Mazi Pilip. The winning party will explain why the contest in the district should be seen as a bellwether for November's elections. The losing party will insist that it isn't.

THEN, it's back to the last few mad days since we last spoke, during which Trump (just before airtime today) filed his appeal to the U.S. Supreme Court, hoping that his friends and appointees on the High Court will agree, unlike anyone on the lower courts, that U.S. Presidents have complete immunity to commit any crime they like while in office; Robert Hur, a former Trump-appointed DoJ prosecutor tapped by A.G. Merrick Garland to be a Special Counsel, ended a year-long nearly 400-page investigation [PDF] by finding there were no crimes to charge President Biden with concerning his possession and return of some classified documents following his two terms as Vice President. But, Hur took pains to also note, Joe Biden is old; and, our disgraced former President attacked Haley, his final GOP opponent, because her husband, Maj. Michael Haley is in the Horn of Africa for a year-long active duty deployment with the South Carolina National Guard. (No word on the whereabouts of Trump's wife Melania. Though it's a safe bet that she, like the entirety of the Trump family going back generations, is not out serving her country as a member of the military.)

But it was Trump's remarks about NATO at that very same South Carolina rally over the weekend that have, appropriately, received the most coverage since then. (If nothing near the absurd coverage that the corporate media has given to Special Counsel Hur's inappropriate insinuations regarding Biden's mental fitness.)

Trump relayed a story at the rally in which he claims that, when he was President, he told the leader of a NATO nation that, if they hadn't "paid their bills" to NATO, and were attacked by Russia, the U.S. would NOT come to their defense. That, in defiance of the NATO Treaty's Article 5 agreement that states that if one member is attacked, “each and every other member of the Alliance will consider this act of violence as an armed attack against all members and will take the actions it deems necessary to assist the Ally attacked".

NATO nations, however, don't "pay" to be in NATO. In 2014, President Obama led an agreement among the treaty's 30+ member nations to work toward each spending a minimum of 2% of their annual GDP on defense. That's the "bill" for which Trump (who has been sued thousands of times personally for not paying bills) claims that many of those countries are "delinquent".

Making matters worse --- unimaginable just a few short years ago, in fact --- Trump also claims to have told that NATO leader that while the U.S. would not come to their defense, he would also encourage Russia "to do whatever the hell they want" to such countries.

NATO's Secretary-General, as well as the governments of several NATO nations, including Germany and Poland, issued unusual and harsh rebukes on Sunday in response to Trump's astonishing --- once unthinkable --- remarks.

FINALLY today, we open up the phone lines to listeners to get their thoughts on all of the above and anything else they may wish to ring in on today. And so they do. And so we're delighted, as always, to hear from those listeners who may not agree with us. Those are always the best calls after all, right?...

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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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IN TODAY'S RADIO REPORT: U.S. Supreme Court's right-wing supermajority appears ready to gut federal agency authority on environmental regulations and more; Social media sites profiting off of a new breed of climate denial, new study finds; PLUS: Frigid Arctic air strands drivers of both electric and gasoline vehicles... All that and more in today's Green News Report!

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): An unprecedented flu strain is attacking hundreds of animal species. Humans could be next; 'Control the narrative': Alabama utility wields influence by financing news; EU bans 'misleading' environmental claims that rely on offsetting; Bird populations are declining. Some are in your neighborhood; Dr. Michael Mann’s defamation case over online attacks finally comes to trial... PLUS: These startups are teaming up to decarbonize cement and concrete... and much, MUCH more! ...

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 couldn't keep up with everything as it kept breaking all day and throughout today's BradCast. But we tried. Even while welcoming back one of our favorite guests. [Audio link to full show follows this summary.]

We're happy to joined once again today by Slate's top shelf legal journalist, the great MARK JOSEPH STERN, who is now back from his recent parental leave. (That, thanks, in no small part, to an excellent contract by his union, the Writers Guild of America!) And, while we had previously planned to talk with Mark today about far-right Trump appointees to the lower federal courts undermining voting rights and even the Supreme Court itself, the news just kept coming today out of SCOTUS. Thankfully, Stern was here to hold our hand through it all.

After indicating earlier this week they were prepared to move quickly in response to Special Counsel Jack Smith's request for an expedited hearing on Donald Trump's ridiculous appeal regarding Presidential Immunity, the Supremes announced on Wednesday they would be taking up a challenge to the federal law used to charge hundreds of January 6 insurrectionists, including Trump himself. Two of the four charges he is facing in his federal election interference case are related to unlawful obstruction of an official proceeding. But a lower federal court Trump judge, Carl Nichols, has decided those obstruction charges --- adopted by Congress as part of the 2002 Sarbanes-Oxley Act, focused mostly on white-collar crime --- are inappropriate for use against J6 rioters.

What will that mean for the pending charges against Trump and his trial currently scheduled for March 4 next year? Stern describes it today as "a troubling development", if only because "there wasn't a significant dispute over the interpretation of this particular statute" which has been used to convict hundreds of J6 attackers. While he explains that it is not necessarily fatal to either Smith's indictment against Trump in D.C. or the ability for U.S. District Judge Tanya Chutkan to complete the trial before next year's election, Stern regards it as "an ominous sign for those of us who wanted Chutkan to be able to move forward on her own timeline."

Nonetheless, it is, once again, another example of a lower court Trump judge "try[ing] to wield their power in aggressive and truly unprecedented ways." That similar effort to go "beyond the judicial power to essentially act as a free-floating veto over any Democratic policy, and trying to smuggle in Republican policies under the guise of judicial review," as Stern characterizes it, was similarly on view today as the High Court also announced plans to hear a challenge to the use of the widely prescribed abortion drug Mifipristone. That, after abortion opponents filed their case specifically so that it would be taken up earlier this year by Trump-appointed anti-choice activist Matthew Kacsmaryk, the only U.S. District Court Judge in the Northern District of Texas.

But where the "dead hand of the Trump Administration," as a recent article by Stern describes it, may be most troubling is in a series of recent rulings by Trump judges focused on undermining the Voting Rights Act, which is facing a tenuous moment at the stolen, packed and corrupted GOP-majority Supreme Court. Stern details three different recent cases --- one of them "almost too painfully stupid to explain" --- where jurists appointed by Trump in the lower courts are targeting and/or undermining the landmark civil rights law, even in violation of both long-standing SCOTUS precedent and very recent opinions by the High Court.

But, the news just kept on breaking today. Chutkan declared that Trump's Jan. 6 case would have to largely be "paused" until Trump's ridiculous immunity appeal is resolved, further imperiling next year's scheduled March 4 trial date.

The Dow hit a record high on Wall Street, as investors became jubilant at news from the Federal Reserve that it is likely to finally begin lowering interest rates next year --- even more aggressively than previously expected.

The 200 nations meeting in Dubai for the U.N.'s COP28 finally came to an agreement on their final statement after this year's climate conference. They deigned to mention the phrase "fossil fuels" for the first time ever. But more on that (hopefully!) tomorrow.

And the GOP-controlled U.S. House of Representatives, in a strict party-line vote, adopted a resolution to officially open an impeachment inquiry against President Joe Biden for...well...something or other. It remains unclear.

In truth, it's a revenge impeachment inquiry meant to placate the disgraced, twice-impeached former President, and to distract from the many failures of a corrupted, dysfunctional GOP-run House in advance of next year's elections. The vote was held on the same day that Republicans again refused to accept Hunter Biden's offer to testify in a public hearing. He had a few words about that for assembled media on the U.S. Capitol steps earlier today...

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If, like me, you're old enough to get the joke in today's headline, congratulations on still being alive! (If you don't remember it, here's a reminder.) But, no, we didn't forget Poland on today's chocked-with-a-surprising-amount-of-not-awful-news BradCast!

Among our stories covered today....

• Who knew that holding a U.N. conference (COP28) on our climate catastrophe in a petrostate like the United Arab Emirates might end without an agreement --- or with a bad one --- from all 200 participating nations for the first time in the annual summit's 28 year history? Well, it ain't over until it's over, with nations now officially in "overtime" at the Conference, which was otherwise set to end last night. Will they dare mention the phrase "fossil fuels" in whatever final statement they finally unanimously agree to make? Stay tuned!

• In what is being described as a "political earthquake", after eight years under the heavy hand of a far-right anti-immigrant, anti-media, anti-woman authoritarian party's Prime Minister and President, Poland --- with a front-row seat over the past two years to Russia's autocratic invasion of Ukraine --- elected a centrist, pro-EU Prime Minister on Monday! That is good news on a whole bunch of fronts. It became official today when Donald Tusk received a vote of confidence from parliament after a brief delay when a right-wing lawmaker used a fire-extinguisher to douse candles in a Hanukkah menorah in parliament. "This is a wonderful day," said Tusk to the Polish people on Monday night. "Not for me, but for all those who have deeply believed over these years that things will get even better, that we will chase away the darkness, that we will chase away evil. From tomorrow, we will be able to right the wrongs so that everyone, without exception, can feel at home." The news is a welcome counter-point to the recent rise of right-wing authoritarianism in nations from Argentina to The Netherlands. And, hopefully, its a good omen for 2024 in the U.S.

• On the other hand, Ukrainian President Volodymyr Zelenskyy had to fly all the way to the U.S. on Tuesday to, essentially, beg far-right Congressional Republicans --- who have apparently lost the plot of democracy --- to continue supporting Ukraine's efforts to hold off the imperialist invasion of his country by fascist Russian dictator Vladimir Putin.

• Speaking of Congress and democracy, very good news out of New York's high court today, which ordered a new U.S. House map for next year's 2024 Congressional elections, after the map used in 2022 resulted in a bunch of seats flipping from D to R in newly drawn districts after state Dems kinda screwed up the whole process. We explain.

• And in more potentially good news for 2024, inflation continues to fall faster than expected, as the U.S. economy continues to show surprising resilience and little sign of the recession that many had feared when Donald Trump's Federal Reserve Chairman, Jerome Powell, began raising interest rates last year to combat inflation. Inflation is almost back to normal at 3.1% over last year; gasoline is down 11% over the past two months; employers are still hiring and unemployment remains at a near record-low rate of 3.7%. But, some prices are still high at grocery stores, as is rent and the cost of a home mortgage. Economists are watching Powell closely for a read as to when the Fed may deign to finally lower interest rates next year.

• No sooner had we gotten off air yesterday, than the U.S. Supreme Court announced it would consider an expedited petition filed on Monday by Special Counsel Jack Smith to hear Donald Trump's appeal on Presidential Immunity in his January 6 federal indictment. It doesn't necessarily mean SCOTUS will hear the full case. But it means they will consider doing so. Smith had filed the petition for cert just hours earlier, leapfrogging the D.C. Circuit Court of Appeals in hopes of keeping next year's scheduled March 4th trial date for Trump on track. All of which, at least for now, is encouraging news to suggest that SCOTUS may both do the right thing and do so with the alacrity that would allow the American people a verdict in the case against Trump in advance of next year's Presidential election.

• The defamation damages trial against dirtbag former NYC Mayor and Trump attorney Rudy Giuliani --- in which he's already been found guilty of defamation --- continued into its second day on Tuesday. But not before his attorney admitted in Court on Monday (as the federal judge has already found), that Rudy's horrendous claims about two Georgia election workers in 2020 committing fraud for Joe Biden were false. And not before Giuliani then stepped out of the courtroom on Monday and repeated the same baseless claims yet again on the courthouse stairs. Today, U.S. District Court Judge Beryl Howell scolded both Rudy and his attorney, noting that Giuliani's remarks on Monday night "could support another defamation claim" by mother and daughter plaintiffs Ruby Freeman and Shaye Moss. The pair are currently seeking damages in the amount of $15.5 to $43 million in their civil lawsuit. And they will deserve every penny they receive.

• Speaking of dirtbags, following the news last week that Wisconsin's 10 fake Trump electors had settled a civil lawsuit against them, the state's U.S. Senator Ron Johnson --- already on record as having encouraged state lawmakers to steal the Badger State's 2020 election for Trump --- described the settlement as a "travesty of justice." He insisted that Democrats had done the very same thing "repeatedly" and "in multiple states" in the past. Nonetheless, he couldn't name any state where Democrats had secretly created false slates of electors in hopes of stealing an election when pressed by CNN's Kaitlan Collins. (If Johnson was referring to what happened in Hawaii in 1960, he is wrong about that as well.)

• Finally, Desi Doyen joins us for our latest Green News Report, with both the good and bad, so far, out of the COP28 Climate Conference in Dubai, and some very good news indeed from President Biden regarding the nation's largest ever investment in high speed rail and U.S. passenger rail service.

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Today on 'The BradCast: Lots of accountability under way for Trump and henchmen. And, also...for progressive author and journalist John Nichols?! [Audio link to full show follows below this summary.]

FIRST UP: Donald Trump's best, if not only, chance of avoiding a verdict (and potential felony conviction) before next year's Presidential Election (after which, if he wins, he'll have the power to make most, if not all, of his legal troubles disappear) is to delay Special Counsel Jack Smith's federal Jan. 6-related trial against him from proceeding as scheduled on March 4th.

Trump has one legit chance to do that: his legal challenge regarding whether a President enjoys total immunity from criminal prosecution for crimes committed while in office. U.S. District Court Judge Tanya Chutkan has already ruled firmly against him. But he has the right to appeal the ruling all the way up the U.S. Supreme Court. The appeals --- first with a three-judge panel on the D.C. Circuit, then with the full D.C. Circuit court, and then, eventually, at the U.S. Supreme Court --- could absolutely prevent the trial from beginning or ending before Election Day next year.

So, on Monday, Smith attempted to leapfrog the D.C. appeals court entirely by asking SCOTUS to hear Trump's appeal on an expedited basis. Smith's filing [PDF] to the high court asks: "Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin."

The federal prosecutor argues that "it is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected."

Citing similar, if very rare, action by SCOTUS in, for example, U.S. v. Nixon, Smith's filing makes the case that "The public importance of the issues, the imminence of the scheduled trial date, and the need for a prompt and final resolution of respondent’s immunity claims counsel in favor of this court’s expedited review at this time."

And now we wait for at least four Justices to agree to take the case up. Everything rides on that and their ultimate ruling --- and the timeliness of same.

MEANWHILE: As far as a substantive defense in the federal Jan. 6-related case in which Trump stands accused of inciting an insurrection at the U.S. Capitol as one of several attempts to steal the 2020 election from Joe Biden, recent filings by Trump, as Washington Post reported last week, "revealed that he has been pressing the Justice Department for information on far-right claims" that the Jan. 6 insurrection was secretly the work of "foreign actors" or "Antifa" or the U.S. Capitol Police somehow in cahoots with Nancy Pelosi, or..."John Nichols," described by WaPo as "a liberal journalist in Wisconsin".

John Nichols?! Our friend and frequent guest John Nichols?! Really?!...Apparently so!

We're joined today by longtime progressive journalist and author JOHN NICHOLS of The Nation, The Progressive and Madison Wisconsin's Capital Times to learn if he, in fact, was at the Capitol on January 6th, 2021 (if not, where was he?); participated in inciting the riot there for some reason; and if he is now, or ever has been, a member of the Deep State?!

His answers today ('In Wisconsin at his daughter's orthodontist office'; 'No.'; And 'No.') may not surprise you!

So, how did all this happen? How did he come to be named in a Trump filing? Should we believe his many alibis (like filing an article at The Nation and speaking on the phone to many locked-down members of Congress that day)? Has he received any threats from MAGA in light of these Trump allegations? And what does any of this actually mean? Well...Nichols is here to explain it all to you.

FINALLY: Trump's $250 million New York State fraud case against him, his companies and his top executives (including his two eldest sons) was to reach a zenith today in Manhattan with the long-promised testimony of Donald Trump himself. On Sunday night, however, he announced on his social media cite he was chickening out and wouldn't be testifying after all. Surprised?

Also today, the civil defamation trial against Trump's disgraced alleged criminal co-conspirator Rudy Giuliani got under way in D.C. During the pre-trial proceedings, the federal judge in the case had already found Rudy guilty of defamation against Georgia election workers Ruby Freeman and her daughter Shaye Moss. He falsely accused them of rigging the election in Atlanta against Trump in the Fulton County counting room in 2020, charging that the two black women were secretly seen on video surveillance tapes passing USB thumb drives back and forth "like they were vials of heroin or cocaine."

They weren't. Freeman was, however, handing her daughter Moss a ginger mint and their lives have been turned upside by the baseless claims repeatedly made by Giuliani, Trump and his many supporters and the vile threats which followed them. The trial is now only needed to determine the amount of damages against the former New York City Mayor. The pair are seeking between $15.5 and $43 million. Giuliani's attorney admitted in his opening statements that Rudy lied about the two women, but he argued that the amount they are seeking "would be the end of Mr. Giuliani."

We can only hope so.

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Given all the legal delay tactics available to him, Is it even possible at this point for there to be a verdict in any of Donald Trump's criminal trials before November 5th, Election Day, in 2024? A former federal prosecutor joins us to discuss that very thing on today's BradCast. [Audio link to full show follows below this summary.]

BUT FIRST, there was quite a bit of other news today, some of which is somewhat related...

• Short-lived former Republican U.S. House Speaker Kevin McCarthy announced he is quitting Congress at the end of this month. The GOP's thinnest of House majorities will become even thinner until California holds a Special Election next year to fill the seat, likely not before next June. That means Republicans will have just two votes to spare on any legislation, including on whether to prevent the Government from shutting down in mid-January. (Happy New Year!)

• The U.S. Dept. of Justice unsealed war crimes charges against four Russian soldiers accused of torturing an American in 2022 following their ongoing invasion of Ukraine. It is the first time such charges have been filed under a 30-year-old statute. Nonetheless, Congressional Republicans --- even after the news of atrocities committed against Americans and Ukrainians alike --- continue to oppose additional military aid to help our sovereign ally defend democracy itself in Europe against the imperialistic assault of its fascist Russian neighbor.

• The ten fake 2020 Trump electors in Wisconsin have settled a lawsuit filed against them by two official Biden electors. All ten Republicans, some of them top state GOP officials, have agreed to withdraw their false election filings, acknowledge Joe Biden won the 2020 election, share all related communications, and never serve as a Presidential Elector again in any election where Trump is on the ballot. Exchanges disclosed between several of them reveal that they knew what they were doing was wrong and an attempt to "possibly steal" the election. The exchanges also reveal that WI's U.S. Senator Ron Johnson advocated for the state Legislator to to steal the election for Trump.

• The six fake 2020 Trump electors in Nevada were criminally indicted today by the state's new Democratic Attorney General Aaron Ford. They all face penalties ranging from one to five years in prison for each of the various charges. This crew of miscreants also includes top Republican state officials, such as state GOP Chair Michael McDonald, Clark County GOP Jesse Law, and Jim Hindle, the man who runs elections in Storey County! Those degenerates join others in both Michigan and Georgia who have already been charged for their parts in attempting to steal the 2020 election for Trump. That, in a state where a new law adopted by the Democratic-run legislature to specifically criminalize future fake electors was vetoed by the state's new Republican Governor Joe Lombardo earlier this year.

THEN, we're joined by RANDALL D. ELIASON, the former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia. He now teaches criminal law at George Washington University Law School, contributes to the New York Times and elsewhere, and blogs at his own site, Sidebarsblog.com.

Last week, Eliason penned an op-ed for the Times, calling for a "Rocket Docket" for Donald Trump's criminal charges, particularly related to his federal indictment in D.C. related to his attempt to steal the 2020 election. Eliason argues that the American people, to paraphrase Nixon, "have got to know whether or not their (former) President is a crook" before they may have to decide whether to vote for him next year. In fact, he argues, they have a right to know that.

But with all of the pre-trial motions available to the former President, in all four of the criminal trials he is currently scheduled to face next year, is it even be possible for there to be a verdict at the trial level in any of those cases before Election Day, after which, if Trump wins, he'll be able to make most, if not all of the charges disappear?

Eliason argues yes, particularly in the federal trial in D.C., currently overseen by U.S. District Court Judge Tanya Chutkan, as scheduled to begin on March 4 (the day before Super Tuesday). But, he notes at the Times, "whether it happens will be decided by a relative handful of federal jurists --- including a number appointed by Mr. Trump himself."

Nonetheless, Eliason maintains today that a court schedule to keep that trial on track for a verdict before Election Day next year --- and even before Republicans must finalize their 2024 Presidential nomination at their convention next Summer --- is still totally possible. What the courts need to do, he tells me, "is pretty simple. They need to put these [pre-trial] motions on a fast track...They can do that when they want to. They have done it in the past. They just have to have the will to do it. Same with the Supreme Court."

We discuss a number of historic cases --- Watergate, the 2000 election, even cases from 2020 and several of Trump's current cases --- where even the Supremes were able to act with alacrity. "Bush v. Gore they decided in one day," notes Eliason, "so they can move quickly when they want to. But that's really what it all comes down to now."

So, will they? And, if they do, will Trump be able to argue that he did not receive a fair trial in the bargain because they were rushed? And, is there any indication to date that the appellate courts, including SCOTUS, also appreciate the importance of ensuring a conviction or an acquittal before Election Day next year?

We discuss all of that and much more with Eliason on today's program...

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This is just getting ridiculous. As detailed on today's BradCast, the long-awaited, criminal report from the Georgia Bureau of Investigation (GBI) on Team Trump's unlawful January 7, 2021 breach, copying and distribution of Georgia's statewide voting system software in rural Coffee County, appears to leave out more than it includes! [Audio link to full show follows below this summary.]

Our guest today is ANNA BOWER, Legal Fellow and Courts Correspondent at Lawfare. She recently obtained the report [PDF] and yesterday published extensive coverage under the headline, "What the GBI Missed in Coffee County: At almost 400 pages, the Georgia Bureau of Investigation report on the Coffee County caper looks impressive. It's not."

"One could be forgiven for thinking initially that the GBI's report on Coffee County is an authoritative account. It is, after all, nearly 400 pages long, and those pages summarize a voluminous body of evidence. ... But the document turns out to reflect a less vigorous investigation of the effort to unlawfully access the state's voting machines than may initially appear," Bowers reports.

In fact, she continues, "The document suggests, rather, that the GBI did not investigate the Coffee County affair fully at all. The agency relied almost entirely on the previous work of civil litigants [that would be frequent BradCast guest Marilyn Marks and her Coalition for Good Governance] and the House Select Committee to Investigate the January 6th Attack on the United States Capitol. It failed to seek interviews with key witnesses, and it omitted relevant evidence that is readily available in public documents."

And yet, GA's Republican Sec. of State Brad Raffensperger has been citing the GBI's long-running investigation as one of the reasons that his office has taken virtually no action over the past two and a half years in response to the unprecedented breach which threatens the legitimacy of next year's Presidential election in the critical battleground state. He has even ignored the U.S. Cybersecurity and Infrastructure Security Agency's warning to immediately apply security patches created by Dominion Voting Systems following the breach.

While Fulton County District Attorney Fani Willis has brought criminal charges [PDF] against five of Donald Trump's alleged co-conspirators involved in the scheme --- including Trump attorney Sidney Powell, Atlanta bail bondsman Scott Hall (both of whom have pleaded guilty), former Coffee County GOP Chair and fake elector Cathy Latham and former Coffee County Election Supervisor Misty Hampton (both of whom pleaded not guilty) --- there were dozens more involved in the plot that have yet to be brought to account by anyone.

Moreover, according to Bower, GA's Republican state Attorney General Chris Carr, who has also cited the GBI's criminal probe as explanation for a lack of state charges to date, has "been ill served" by his investigative department. Maybe, however, like Raffensperger and the State Board of Elections, he's just fine with that.

While there is almost zero new information of note in the GBI's long-awaited report, as Bower details on today's program, the state agency inexplicably leaves out enormous, well known chunks of the story --- such as the infamous Trump Oval Office meeting on December 18, 2020 when the Coffee County plot was hatched with Powell, Rudy Giuliani, Michael Flynn and others who were not interviewed in the agency's criminal probe. "In total," Bower explains, the GBI "interviewed only about 15 individuals" in their year and a half probe, "Many, if not most, of those interviews were conducted in under an hour."

"This account does not even attempt to answer certain key questions. Who devised the plan to access voting systems in Coffee County? When did the plan first arise? Who or what connected the then-president's attorneys to several locals in rural South Georgia? The report bizarrely omits readily available facts that help connect these dots."

On today's show, we attempt to connect at least some of the dots that the GBI didn't bother to, including those involving bedding impresario Mike Lindell and his still-unexplained, two-hour visit to the County in his private plane after flying from Mar-a-Lago to D.C. and back down to rural Southeast Georgia just prior to the breach; why the GBI would be seemingly be working so hard to cover up what actually happened; and why all of this is critically important to the state's (and nation's!) 2024 elections.

"For Georgians who care about elections, for Georgians who think that it's very serious that the then-President's legal team, aided by local allies in Coffee County, had a plot, a conspiracy, to copy and distribute Georgia's most sensitive voting system data, that is incredibly serious, and it warrants a serious investigation. And that just didn't happen here," Bower tells me.

"Georgia continues to use the same software and the Sec. of State's office has said there will not be an update before the 2024 elections. Election security experts have said that means that we could have increased risk in terms of vulnerability during the 2024 election. That software data that has been distributed and is still out in the wild from Coffee County [and] could be used for disinformation campaigns, because people can take the otherwise legitimate data, and make it look either edited or selectively presented. Adversaries could basically use that software to test it for vulnerabilities, and then potentially use that in the future for subverting the operation of that software through malware or other" means.

Federally, she observes, she has seen few signs that Special Counsel Jack Smith is investigating "these multi-state breaches. That, in itself, is concerning"...

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We're back live on today's BradCast after a much-needed holiday break. Thanks to those of you who helped us avoid disaster last week! Now the question is whether we'll be able to avoid disaster in next year's Presidential election where we will have "as stark a choice as the United States has ever faced."

A lot happened while we were off (as usual), but none as critical, as far as I'm concerned, as the mind-blowing ruling issued last week by a three-judge panel of the 8th U.S. Circuit Court of Appeal, upholding an insane lower U.S. District Court Judge's ruling in an Arkansas voting rights case.

The lawsuit, filed by the NAACP, challenges Arkansas' gerrymandered legislative maps which should --- if the rule of law and Constitution mean anything anymore --- include another five Black-majority voting districts before the 2024 elections.

However, last year, a Trump-appointed District Court Judge, while recognizing the merits of the case, found for the first time in U.S. history that individual voters and private organizations like the NAACP and ACLU have no "right to private action" to sue against violations of Section 2 of the landmark Voting Rights Act. The lower court judge found that only the U.S. Attorney General may sue to block racially discriminatory laws under Section 2. And, last week, incredibly enough, that ruling was upheld by the 8th Circuit Court of Appeals panel featuring two Trump judges and one George W. Bush appointed judge.

We're joined today by JONATHAN TOPAZ, Staff Attorney at the ACLU's Voting Rights Project, who worked on the case at both the district and appellate court level. He explains that the District Court ruling "was the first court in the history of the United States to determine that Section 2 lacked a private right of action, which means that private plaintiffs are unable to vindicate their rights under Section 2 of the Voting Rights Act. This, at the time, and is today, is an incredibly radical ruling. We appealed, because it had no basis in the text and structure of the Voting Rights Act, it had no basis in the precedent, and it certainly had no basis in the practice of decades and decades of private plaintiffs bringing suits to vindicate the incredibly important right to vote free of racial discrimination under the Voting Rights Act."

But, as Topaz goes on to explain, it got worse. Last week "a divided panel of the 8th Circuit voted to affirm the District Court's finding. So now these are the only two courts in the history of the United States that have ever made such a finding."

Indeed, the arguably even more "conservative" 5th Circuit Court of Appeal, recently found the opposite, that private plaintiffs do have the right to sue. So, the 8th Circuit Court is an outlier, with what Topaz describes as "a radical opinion on appeal to the voters of Arkansas and voters around the country."

What happens next? What will it mean if it is upheld by SCOTUS? What are the chances of that actually happening? How can it be that neither SCOTUS nor Congress nor dozens and dozens of courts have previously noticed this flaw in the VRA over the past six decades? And, if SCOTUS does find in favor of the 8th Circuit, what will that mean for the hundreds of Section 2 cases previously decided in favor of private plaintiffs? Tune in for answers to all of those questions and many more.

Also today, a bit of what suffices for "good news" out of the Middle East on Monday, as Israel and Hamas agreed to extend their four-day pause in hostilities for another two days to allow for the release of more hostages from Gaza and more Palestinian prisoners from Israeli prisons.

That largely encouraging news, however, is somewhat tempered by events back here in the U.S. over the weekend, where three Palestinian students were shot at close range in otherwise peaceful Burlington, Vermont. The three young men, all 20 years old, were heading to dinner at one of the men's grandmother's house. A suspect was arrested on Sunday. We discuss.

Then, we open things up to listeners via phone and email in our closing few minutes...

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With Democrats still wetting themselves over last week's NYT/Siena polling showing Donald Trump beating President Biden a year from now in five of six swing-states, we finally carved out some time on today's BradCast to dig into the matter.

After a few news headlines, it's on to "that polling" that has freaked out so many regarding Biden's odds next year. It has spawned a thousand explanations. But mine, in short, is not unlike Margaret Sullivan's at The Guardian, where she argues that the bottom line is --- whether the polling is accurate or not --- the media are failing to accurately inform the American people. Not about the "horse race", but about Biden's accomplishments in office and the unprecedented dangers of Trump's vow to move the U.S. to become an authoritarian regime if he is allowed back in office.

President Obama's 2012 campaign manager Jim Messina argues today in Politico there is "no need to panic" over the polling numbers, based on his experience presiding over similarly grim numbers for the incumbent Prez back in 2011, when data guru Nate Silver suggested Obama was "toast" a year out from the election (which he ended up winning); New York Times Magazine gave him just a 17% chance of prevailing (apparently he beat those odds); polling by Politico showed Obama tied with Mitt Romney in 10 battleground states (Obama would go on to win 9 of them); and a December 2011 Gallup poll showed Obama losing to Romney across 12 battlegrounds states (he ended up winning 11 of them.)

In short, polling this far out doesn't mean much. But there are still plenty of reasons to be concerned. And plenty of reasons to spend time not on the horse race, but on the FACTS that Americans apparently aren't receiving from their mainstream media outlets. The FACTS of Joe Biden's extraordinary accomplishments in his first term, rivaling LBJ or FDR, and the chilling FACTS of what Donald Trump himself has vowed to do if he is re-elected, rivaling Hitler and Mussolini. (And, no, that is not hyperbole.)

As we discuss today, here is a new poll from Navigator Research revealing how wildly popular Biden's accomplishments are, whether the American people realize he has implemented them or not. And here is a list of 27 "insane things" Trump has promised, in his own words, to do if he wins a second term. And that list was created in September. He has doubled and tripled down on many of them since then.

After discussing much of the above, we open up our phone lines to listeners today, to get their explanations for all of this. Many of whom seem to get it, but a few, sadly, clearly do not. They are still buying the lies being spun by Trump, Republicans and Fox "News", because real news outlets are doing such a lousy job of telling the real story. The actual FACTS.

Reminder to our friends in the corporate mainstream media: Reporting independently verifiable FACTS, no matter how good or bad they may make any particular candidate look, is not a partisan act. It's your Constitutionally mandated and protected job.

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A bad day in court for the former President is a good day for America and democracy. Happily, as reported on today's BradCast, it was a very bad day for the former President. [Audio link to full show follows this summary.]

Rudy Giuliani's attempted election theft sidekick, rightwing media darling, accomplished liar and opportunistically Christian Trump attorney Jenna Ellis offered a teary apology-ish in an Atlanta courtroom today, as she threw Rudy under the bus and pretended to be contrite for helping him and Donald Trump try to steal the 2020 election in Georgia.

Ellis was allowed to plead guilty to a single felony charge (she was originally charged with two) in Fulton County District Attorney Fani Willis' sprawling racketeering conspiracy indictment [PDF] against Trump and 18 co-defendants. She will receive no jailtime if she follows the terms of her plea deal and cooperates with prosecutors against her fellow co-defendants, which include Trump, Giuliani, Mark Meadows, John Eastman and others.

The manipulative Ms. Ellis (pictured above either crying or smiling following her remarks to the judge on Tuesday) boasted just last month about raising more than $200,000 for her legal defense in the case, which she characterized as "the criminalization of the practice of law" by a "weaponized government."

On Tuesday, however, she suddenly decided to claim "deep remorse" and that she should have made sure "that the facts the other lawyers alleged to be true were in fact true." She told the judge through her tears: "I believe in and I value election integrity. If I knew then what I know now, I would have declined to represent Donald Trump in these post-election challenges."

And you shouldn't believe her for a second, as discussed today. Ellis is the fourth co-defendant to plead guilty in Willis' case, and the third attorney to do so after Sidney Powell and Ken Chesebro last week. To date, all have avoided any jail time...as we discuss as well.

Elsewhere, on a very Trumpy news day (sorry, not sorry)...

• Moments before midnight last night, at the deadline for pre-trial motions, Trump filed a flurry of desperate pleadings in the felony indictment case against him by Special Counsel Jack Smith in federal court in D.C. for efforts related to his attempt to steal the 2020 election, including the January 6 insurrection. TPM's David Kurtz has an excellent quick round-up of the filings; former U.S. Attorney Barb McQuade characterizes them as "all losers"; and our friend Marcy Wheeler of Emptywheel offers the shortest, sharpest round-up of the pleadings which appear destined to fail miserably.

• In a New York state courtroom on Tuesday, where Trump, his company and his two eldest sons face the loss of their fraudulent business empire in Attorney General Letitia James' civil case against him, Trump's former attorney and fixer Michael Cohen testified --- as Trump glowered from the defense table --- that, when he worked for the Trump Organization he was "tasked by Mr. Trump" to inflate the value of company assets to "whatever number Trump told us." The judge in the case has already found Trump et al guilty on the key fraud claims brought by James. Several other issues and the final size of the judgement against the defendants remain at stake. Also, the question of whether Trump and his attorneys will be sickened by COVID again.

• In Congress, Republicans in the U.S. House spent the last two days selecting their newest Speaker Designate after moving to fire Kevin McCarthy three weeks ago. On Tuesday, after five rounds of voting in a close-door conference meeting, House Republicans selected Majority Whip Tom Emmer (MN). A few hours later, after being attacked by Trump, Emmer --- following in the footsteps of Steve Scalise and Jim Jordan before him over the past two weeks --- dropped out of the running. And we're back to square one with no Speaker and a House that is unable to do any business until the GOP can grow up and govern before next month's deadline for a full government shutdown.

• And, in one more Trump-related story from Friday. A state judge in Colorado rejected three different attempts by the disgraced former President to dismiss a lawsuit charging that he is ineligible to appear on the state's ballot next year under Section 3 of the 14th Amendment, the "Insurrection Disqualification Clause". The filings from both Trump and the Colorado GOP were all but laughed out of court by the judge. The trial in the matter begins in state court next week!

• Finally, Desi Doyen joins us for our latest Green News Report. The good news: Trump's name doesn't come up. The bad news: Pretty much everything in our latest Green News Report...

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